Around the Firms
November 30, 2004
After 3 months of talks, Boston-based Ropes & Gray and New York intellectual property firm Fish & Neave have decided to join forces.
More on Same-Sex Relationships
November 29, 2004
The recent developments in the creation and recognition of relationships among same-sex couples have developed a momentum which, like it or not - the recent laws passed by 13 states banning gay marriage, notwithstanding - must be recognized and understood by family lawyers and other related practitioners in the areas of tax, estate planning, adoption, and other financial and interpersonal disciplines. <i>See</i> Wilson R: The Changing and Conflicting State of Same-Sex Marriage. <i>The Matrimonial Strategist</i>, November 2004.
Spousal Opportunity: Does It Exist?
November 29, 2004
Shortly after the entry of a divorce judgment, matrimonial litigants walk away with their respective pieces of the marital estate (sometimes with support or distributive payments to follow) and begin separate lives with separate interests. However, without adequate protections under the law, the value of the marital estate before that pivotal moment (and the value of each litigant's post-termination estate) could have been diminished by the actions of the other spouse. For this reason, some concept of a fiduciary obligation between spouses exists in the majority of the states. Whether in equitable distribution jurisdictions or community property jurisdictions "spouses must manage marital property with care shortly before the termination of the marriage to ensure that the full value of the marital estate gets divided justly according to the prevailing system of distribution.
Quarterly State Compliance Review
November 29, 2004
This edition of the Quarterly State Compliance Review looks at some of the significant legislative enactments and court decisions from the last 3 months, including two Delaware Chancery Court decisions dealing with the duty of disclosure.
Should You Tell Employees How Their Company Can Get Immunity From Prosecution?
November 29, 2004
The landscape has changed for many senior executives and other employees of corporations subject to government investigation. Two recent cases show how prosecutors virtually forced companies to "turn in" suspect executives and other employees to avoid prosecution. Amendments to the Sentencing Guidelines, effective Nov. 1, 2004, incorporate this change in the way courts will assess a corporation's compliance program.
Counsel Concerns
November 29, 2004
Issues in serving as a lawyer in the entertainment industry. This month:<br>A federal district court in Manhattan sanctioned a lawyer and his client for pursuing in bad faith claims against the company that holds the rights to the work of Edgar Rice Burroughs, the creator of Tarzan.
The Effects of Terminating a Pension Plan in Bankruptcy
November 29, 2004
Oftentimes, one of the largest commitments of a company is its ongoing funding obligations under its pension plan. Contribution obligations to a company-sponsored pension plan will often influence the timing of a financially troubled company's bankruptcy filing. An example of this is the Chapter 11 case of United Air Lines (United) and its affiliates. United viewed its obligations to make significant contributions to its pension plans as somewhat incompatible with its need to create a fiscally strong enterprise so as to effectively compete with low- cost carriers that do not have the same economic burdens.
Tax and Retirement Planning
November 29, 2004
The 2004 American Jobs Creation Act (AJCA) creates several tax breaks for businesses and made some other significant changes. This article highlights the more prominent provisions of the AJCA that affect businesses and individual taxpayers generally, and that to some extent have specific impact on law firms and other professional service providers.
Business Development Driver: Leverage Knowledge Management
November 22, 2004
Knowledge management (KM) has about as many definitions as it does implementations, and in law firms it was recognized early on as a tool to help lawyers in supporting their clients. Lots of paper, information, and knowledge to manage ' and robust document management systems emerged as KM solutions. That's fine for the lawyers, but in marketing and business development, it's who you know as much as it is what you know. At Duane Morris, where our Marketing and Business Development Department is only 3 years old, we were able to grow this functional area around the key information and processes needed to be successful.
New! Same Sex Partnership Law Report
November 18, 2004
There's a battle raging in local, state and federal legislative bodies and courts,You know the issue. You deal with it every day. Now, get the clarity you need tohelp your clients keep and gain their rights.<br>
