Corporate Criminal Liability
In January, the Second Circuit affirmed the conviction of Ionia Management S.A. (Ionia) for criminal acts of its non-management employees. While the affirmance of a conviction is commonplace, what set this appeal apart is that the Association of Corporate Counsel, the Chamber of Commerce of the United States of America, and other prestigious amici supported Ionia's argument that the Second Circuit should revisit its long-standing rule that a company can be held criminally liable for acts of even low-level employees.
Communicating Effectively with Colleagues and Clients
Are you a successful partner? Are you thriving at your firm and with your clients by raising your communication bar and keeping it high? The following four principles will enable you to improve your effectiveness when communicating orally or in writing with colleagues and clients.
The Treasury Department's Guidelines on Executive Pay
President Obama and Treasury Secretary Timothy F. Geithner stood together on Feb. 4, 2009, to announce the Treasury Department's new set of guidelines restricting executive compensation at financial institutions that receive governmental money. Here's what this entails.
Giving 'Til It Hurts
Even with firm cuts and layoffs, no firm can afford to give up a community-related giving practice. It can, though, and should be, controlled.
New ABA Ruling on Lateral Hiring
The American Bar Association's House of Delegates voted on Feb. 16 to amend its Model Rule of Professional Conduct governing conflicts of interest stemming from lateral hiring. Here's a brief discussion of the amendment and what it means.
Issues Facing Law Firm Ethics Counsel
Many law firms, particularly larger ones, designate attorneys or committees to address and resolve a variety of issues, from hiring, legal and insurance concerns to ethics issues. This article focuses upon the ethics function, and the unique ethics issues that are faced today by law firm ethics counsel.
How to Safeguard Employee Data
Employers should be aware of the rapid growth of data privacy and security laws, which may affect their methods of conducting business and handling personal employee information. The new laws carry with them a private right of action in some cases, civil penalties as much as $500,000 and in some states, administrative investigations.
A 'Not So' Full Defense
Insurers take deductions from defense bills or delay payment of these bills far too frequently. Insurers engage in these tactics with many policyholders, but few actually challenge the insurer's conduct. There are, however, ways to challenge these tactics.
Renewable Energy Leasing Opportunities
Lately there has been increased interest in the use of sale-leasebacks as a financing mechanism for solar projects. While most of the activity to date has involved solar projects, there is no reason that sale-leasebacks could not be used to finance other types of renewable energy or other energy projects eligible for investment tax credits under Section 48, such as fuel cells, geothermal or certain combined heat and power facilities, as well as integrated gasification combined cycle and other advanced coal-based generation projects under Section 48A or gasification projects under Section 48B.
The Housing Assistance Tax Act and the Emergency Economic Recovery Act
In response to the nation's economic downturn, former President Bush signed into law the Housing Assistance Tax Act of 2008 ("Housing Act") on July 30, 2008 and the Emergency Economic Recovery Act of 2008 ("Bailout Plan") on Oct. 3, 2008. The new laws have several significant tax-related provisions that affect individual and business taxpayers including law firms, attorneys, their staff, and their clients.
