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The FASB and IASB Boards met on June 13, 2012 in London and made key decisions on lessee and lessor accounting in their Lease Project. Although they finally decided all leases are not alike, they made a split decision as to how to classify them based on type of asset leased. The decision is bad news for most equipment lessees and possibly bad for lessors, with the only good news being for real estate lessees.
This was the last major decision-making meeting (there was one more meeting in July 2012) that was holding up drafting of the new Exposure Draft (“ED”). The timeline for the project is:
Although the Boards were split with the FASB favoring a two-lease model and the IASB favoring a one-lease model, they took a second vote on whether compromise was possible to get a converged standard. In the second vote the majority agreed they could compromise on a two-lease model approach for both lessees and lessors with the same dividing line to determine which accounting approach to use. The ELFA and I have been advocating a two-lease approach since the outset of the Lease Project in 2006. It is a bit ironic that after six years they are virtually back to using current GAAP with operating leases capitalized, but with a set of new complex classification tests that are different for real estate and equipment. It appears that there is a lack of consistent treatment that should not be if the standard is principles based. Both equipment and real estate leases have the same legal treatment ' they are not considered loans from a legal perspective.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.