A Court Again Quashes 'Doctrinal Novelty' By Prosecutors
May 02, 2015
We've been down this road before: Congress enacts broad anti-fraud provisions and "creative" prosecutors invent crimes until told to stop. The effort to limit prosecution to clear misconduct continued last month when the Supreme Court held that the anti-shredding provision of the Sarbanes-Oxley Act does not criminalize the throwing of fish overboard.
Transitioning Associates from Worker Bees to Rainmakers
May 02, 2015
There comes a day when the partners of your law firm will tell their associates that they need to build their own clientele. If you are the associate, this is a chilling moment. And if you are a marketing professional, here is how you can help.
Different Faces of Follow Up
April 06, 2015
Though follow up can take many different approaches, the overall non-negotiable component involves any action step which provokes the other party (existing client, prospect, etc.) to want to continue contact with you.
The 2015 Employer Mandate Is Here
April 02, 2015
The year 2015 is here ' in fact, the first quarter of 2015 has already flown by ' and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice.
'Redemption Option Value'
April 02, 2015
On Dec. 8, 2014, the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 issued its 2012-2014 Final Report and Recommendations (the Report) proposing numerous changes to Chapter 11 of the Bankruptcy Code. This article focuses on the Commission's proposal to compel senior creditors to pay a mandatory "tax," or so-called "redemption option value" (ROV), to junior stakeholders.
Are Today's Partners The NFL Players Of the 1960s?
April 02, 2015
Despite the shakeups in the legal industry, the exiting of partners, and increased competitiveness, can we say that law firm partners are using all the tools that might make them fully developed? Or will we look back at most firms of today and conclude that the star players were like the NFL players of yesteryear?
Leasing Opportunities in Mexico
April 02, 2015
Mexico's equipment financing market is already well-developed by regional standards, and is the second largest in Latin America. The predominant assets financed in Mexico include motor vehicles, information technology (IT) and industrial equipment.
<b><i>Sales Speak:</i></b> 'Speed-Reading' Your Clients
April 02, 2015
One characteristic that successful rainmakers share is their ability to quickly establish relationships and close the sale. How do they do it? They have naturally learned how to "speed-read" people. But one need not be a "natural" to be effective in this arena.
Judicial Oversight of Corporate Deferred Prosecution Agreements
April 02, 2015
A recent decision could have the potential to alter DOJ's policy on deferred prosecution agreements; the create critical uncertainty for white-collar defense practitioners; and raise interesting questions about the role of the judiciary in corporate criminal negotiations and settlements.