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BITS & BYTES
Resultor LLC has announced the release of Resultor Direct & Confidential, which is designed to help publicly traded companies comply with the Sarbanes-Oxley Act's requirement to provide an anonymous and confidential procedure for employees to surface accounting issues for the audit committee. It is the only Sarbanes-Oxley disclosure product that also promotes a corporate culture encouraging legal and ethical practices and better business results.
Product Review: Keep Your Metadata Out-of-Sight'
'Metadata' ' 1. Confidential information that ends up being electronically distributed thereby causing embarrassment and allowing your law firm to be placed at great risk in the hands of any and all outsiders to your firm! Now I realize that I may not be Webster when it comes to defining words, but I think that this really is the definition of the word Metadata!
Using Vision' Court Rules To Streamline Docket Control
My firm, Shartsis, Friese & Ginsburg LLP (SFG), San Francisco, is a mid-size law firm that specializes in litigation, real estate, business transactions and other commercial areas of law. Prior to 1999, before I began working here, our firm used a calendar system that required manual calculation and research of court rules and statutes, which was extremely time consuming.
How to Deconstruct the Spawn of Satan
October 07, 2003
My client finally got deposed ' and then some. I thought I had explained the deposition process well: I pointed out what a deposition was, how it worked, who would be there; I told my client to tell the truth, and not to answer questions that she didn't understand. I explained what objections I could make, and so forth. Well, I left out a little something that my client promptly pointed out after her deposition was taken '
Courtroom Technology: The Courthouse Spec's May Be Just A Click Away
In the past several years, new technology, including video evidence presentation systems, video conferencing and electronic transcription systems, have been installed in federal and state courts across the nation. Courtrooms today vary a great deal not only in size and layout, but especially with regard to the types of technology made available. All of these factors significantly affect the presentation strategy a lawyer will use during a trial. When brainstorming presentation strategy, courtroom presenters consider the most subtle factors including, the amount of ambient light, the distance and line of sight between counsel and trier of fact and the location of monitors and screens. Most lawyers agree that it is a great advantage to argue a case in a familiar setting; something as trivial as showing a witness where he or she will sit in the courtroom prior to trial can be important.
Litigation
October 06, 2003
Cases of interest to you and your practice.
DOT.COMments
October 06, 2003
You're right ' it can't possibly be tax time again, and yet ' here we are, wondering if each Easter egg constitutes a taxable capital gain. Tax time brings special problems for taxpayers affected by divorce. Should your clients file separately or jointly? Which spouse gets to claim the exemptions for the children?
Pre-Nups and ERISA
October 06, 2003
Take a second look at your prenuptial agreements. Do they adequately protect retirement accounts from the reaches of ERISA? Chances are they do not. ERISA has specific requirements to effectuate a spousal waiver of rights to a participant's retirement benefits.
New Regulation Helps Plan Stock Redemptions
October 06, 2003
The U.S. Treasury Department has promulgated a final tax regulation intended to remove the uncertainty surrounding the tax treatment of stock redemptions that resulted from recent case law. Treasury Decision 9035, 68 Fed. Reg. 1534 (Jan. 10). The final regulation adopts and expands upon the proposed regulations that were issued by the Department in August 2001.
Working Well with Custody Experts
October 06, 2003
When attorneys ask mental health experts' opinions, the experience is often frustrating, and the experts are less helpful than the attorneys had hoped. In an earlier article, we outlined the qualification and background of mental health experts. In this follow-up, we explore some problems that arise between experts and attorneys ' and offer some solutions.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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