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In-House Texas: October 2009

Texas Lawyer

October 05, 2009

Digging Deep: Despite Tanking Economy, Business for Service-Sector Franchise Company Hums: Some companies have been downsizing during the turbulent economy of the past year, but in June The Dwyer Group Inc. announced the sale of 44 new franchises, a record month for the Waco-based company. "Ever since the economy tanked, we've been able to survive pretty well because of the industries we're in," says James M. "Duke" Johnston, the company's general counsel and vice president of legal and governmental affairs.

New Rating System Assists With Search for Arbitrators: If there are online user ratings for books and restaurants, why can't there be a similar system for mediators and arbitrators?

New Deals: Dell Inc. acquisition of Perot Systems Corp. Baker Hughes Inc. to aquire BJ Services Co. Sterling Bank, First Bank reach deal on deposits, branch offices.

Beware of Employees' Conduct-Based Suits: Civil rights laws in the United States focus principally on protecting who a person is, meaning an employee's immutable status, such as race, gender and age. But the new focus in litigation is not on status but on conduct, looking more at what employees do than who they are.

Power Laws Offer Insights Into Legal Spending: A seemingly arcane mathematics, called power laws, will help general counsel and other managers in legal departments understand spending, staffing and other numbers.

Fixed Fees: The Time Has Come: In these troubled economic times, fixed fees for particular legal matters have appeal both for law firms and their corporate clients.

Special Report: White-Collar Crime & Forensic Accounting

Follow the Money: Factors to Consider When Hiring Forensic Accountants: Large-scale financial scandals, increased law enforcement focus on fraud and corruption, employee embezzlement and kickbacks — all these potential threats to operating efficiently and profitably demand that when the need arises general counsel understand how to "follow the money" to determine if the company has a problem and, if so, how to solve it.

A Tempting Target for Tax Whistle-Blower Claims: General counsel need to be apprised of a number of developments in the tax and accounting world that saddle large businesses with increased exposure to civil and criminal tax liabilities.

White-Collar Crime in the Context of International Trade: White-collar crime frequently involves tax or securities laws, but federal law enforcement agencies have been giving increased attention to crimes relating to the importation and exportation of merchandise.

Ex-GC Says He Was Unfairly Blamed for Backdating Problems: Atmel Corp. blamed former general counsel Michael Ross for two scandals at the semiconductor company, but now he's fighting back against one set of accusations.




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