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Attorney Fees: To Advance or Not to Advance?
Most companies promise to advance attorney fees and litigation expenses to executives who face criminal or civil litigation and to indemnify such executives. But is there a point at which a company does not have an obligation to advance defense attorney fees to admitted or proven wrongdoers? Is there a point at which defense costs become unreasonably excessive? Attorney Robert J. Giuffra Jr. addresses such issues concerning the advancement of attorney fees to current and former corporate executives.Former Judge Helps KPMG Survive Shady Tax Shelters
Five months after retiring as chief federal judge for the Northern District of Oklahoma, after 10 years on the bench, Sven Erik Holmes Mr. Holmes was back in a federal court, without his robes, and under drastically different circumstances. This time, the U.S. Attorney in Manhattan looked on as Mr. Holmes, now the chief legal officer for KPMG LLP, signed a document to keep his company from being criminally prosecuted.SEC Proposes Amendments to Rules 16b-3 and 16b-7
In June, the SEC proposed amendments to rules 16b-3 and 16b-7 to clarify the types of transactions that are excluded from §16(b) liability following a 3rd Circuit decision that significantly narrowed the scope of the two exemptions in transactions involving public companies and their insiders. Weil, Gotshal & Manges attorneys discuss the amendments, why they should be adopted and the opposition that can be expected.Litigation Department of the Year: Gibson Dunn
When other firms and conventional strategies come up short, clients in deep trouble turn to Gibson, Dunn & Crutcher -- helmed by marquee partners like Ted Olson -- for fresh, aggressive thinking and innovative rescues. "I call them lifeboat lawyers, because our careers depend on them," says Wal-Mart Executive Vice President Thomas Mars. For those rescues, and a broader record of excellent work for hard-pressed clients, The American Lawyer names the firm its Litigation Department of the Year.Big-Firm Associates Hang Out Shingle
Christopher Parnagian and Robert O'Hare did not leave big firms because they had to. They left because they thought they could make a start-up firm a success. Six months later they have no regrets and much advice for associates who are willing to keep up the hard work but want to do so on their own terms.If you are not forced out and do not hate big firm culture and you are interested in starting your own firm, you cannot wait too long to leave," O'Hare said.Death Row Appeal Reaches Court
ALBANY No case on the Court of Appeals April-May calendar has the headline-grabbing potential of People v. Harris , the first death penalty matter to reach the state`s highest tribunal since capital punishment was reinstated in 1995. But the calendar is chock full of cases of import and interest.It's quite remarkable, really. A $300 billion market imploded, but plaintiffs firms can't figure out how to bring a viable suit. This time, a New York judge concluded their class action was a securities case in antitrust clothing.
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