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Showing 5 posts from October 2015.
Law Firm Management: Principles Should Determine Our Methods
Much ink has been spilled over the various alleged evils attributed to the legal profession. One such evil is the adequacy of the methods by which lawyers do business. There seems to be continual debate over every single facet of the law practice, from client billing methods to the working conditions of attorneys in firms. This focus on only the methods by which we do business is a bottom-up approach, centered on technique and form over substance. Such an approach ignores and therefore fails focus on the values the firm has chosen to embody. More >
Tax evasion vs. tax planning/avoidance: knowing the difference is important
Last time, we began speaking about recent recommendations made by an international organization regarding tax avoidance which will reportedly make it harder for businesses to take advantage of tax law. As we noted, the recommendations raise the important question of the distinction between tax avoidance and tax planning. More >
Responding to challenges in the merger review process, P.2
In our last post, we began speaking about the merger review process and the potential challenges that can come up for companies. One particularly aspect of the review process that can be a sticking point is the period after the preliminary review of a premerger filing, when the reviewing agency (either the Federal Trade Commission or the Department of Justice, as the case may be) could either terminate the waiting period early, allow it to expire on its own, or make a Request For Additional Information. More >
Preserving Assets in a Will Contest
There may come a time when one finds it necessary to contest a will, and there can be legitimate reasons for doing so. This course of action is likely to cause emotions to run high, and it could be likely that a beneficiary under the will at issue may, upon receipt of estate assets, choose to sell, gift, convert or otherwise dispose of those assets, even during the pendency of the will contest. It becomes paramount for the contesting party, then, to preserve those assets for the duration of the litigation, if only to ensure that the estate remains intact by the end of the action. The mechanism for preserving the estate is not unique to estate administration and probate, but rather a simple and effective equitable remedy, injunctive relief. Injunctive relief effectively freezes the status quo and prevents depletion of the estate assets until all claims are settled. More >
Responding to challenges in the merger review process, P.1
When two companies propose a merger, there are a lot of things that need to fall into place to make the deal successful. Aside from the business, financial and logistical aspects of the merger, there are various legal issues that must be addressed. This includes submitting the merger to the scrutiny of federal regulators. More >
