Appellate Court Declines Look at Subjective 'Good Faith' in Contract
November 30, 2009
The Supreme Court of Ohio recently held that a court cannot make a subjective inquiry into a gasoline distributor's motives in setting price levels where the prices were both commercially reasonable and nondiscriminatory, notwithstanding the plaintiffs' allegations that the prices were set at a level to try to force them out of business.
Trucking and Machine Tool Repos Decline In Q3
November 30, 2009
The third-quarter results of Nassau Asset Management's NasTrac Quarterly Index ("NQI") show a decline in trucking and machine tool repossessions, as compared with the same quarter last year, while construction and printing equipment repos continued to rise.
Canadian Insolvency Law Amendments
November 30, 2009
On Sept. 18, 2009, the Canadian government enacted significant Amendments to Canada's Bankruptcy and Insolvency Act and Companies' Creditors Arrangement Act. This article focuses on certain of the Amendments to which equipment financiers should pay particular attention as they may impact how equipment financiers transact business.
Pricing
November 30, 2009
Despite mounting client discontent, most law firms so far have been either unwilling or unable to change the way in which they price their services. This article argues that this is because most law firms continue to sell their partners and associates rather than selling legal services. It also provides some perspectives on the issue and summarizes small improvements that firms can make to better manage their pricing.
Pension Funding
November 30, 2009
The conclusion of this two-part article addresses: 1) whether the Program qualifies for AFTAP valuation as an asset; 2) whether the Program complies with COLI Best Practices of 2006 and IRC ' 101(j) and Notice 2009-48; and 3) whether the Program is a prohibited transaction.
Profitability Analysis: The First Steps
November 30, 2009
If your firm has a number of legal departments, how does one determine the profitability (or economic contribution) of each? Delving further into a specific department, how do you measure the profitability of a practice area?
Hosted VoIP Solutions
November 25, 2009
With the help of Alteva, an enterprise-hosted VoIP provider, our firm has added new capabilities and reduced the operating costs of telephone services by over 50% while still providing the same level of service our clients have come to expect.
Corporate Disclosure: The Twitter Effect
November 25, 2009
In May, the New York Stock Exchange implemented new rules allowing for the use of corporate Web sites as a primary vehicle for disseminating material company information.
Comments on the Side
November 25, 2009
In an announcement in September, Google revived a controversy that had been lying dormant for almost a decade. With Google's new Sidewiki service, any Tom, Dick or Harry (or Teresa, Deidre, or Helen), can post their comments about a company, right there on the company's Web site. Well, not exactly on top of the site, but close enough.
Interpreting FTC's New Endorsement Guidelines
November 25, 2009
For the first time since the 1980s, the FTC recently overhauled its guidelines and liability parameters for product endorsements and testimonials. These updated guidelines, which took effect Dec. 1, also cover the use of consumer endorsements and reviews. Entertainment companies that promote products ' and celebrities who blog and tweet ' through new media should consider how these guidelines may affect their marketing practices.
