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Articles

Anatomy of a Bank Recapitalization
September 2010
Christopher J. Zinski
Financial Institutions

Proxy Advisory Firms' Beefed-Up Role In Exec Pay
August 23, 2010
Suzanne M. Arpin
Employee Benefits and Executive Compensation

The California Union Trespass Problem Just Got Easier
August 18, 2010
Larry B. Garrett
Labor and Employment

Repeal of the Estate Tax, But Carryover Basis for 2010
August 12, 2010
Thomas R. Wechter
Private Clients, Trusts and Estates, Tax

Seventh Circuit Upholds Limitation Period for Seeking Equitable Innocent Spouse Relief
July 15, 2010
Thomas R. Wechter
Tax

The Intended Consequences of Derivatives Legislation
July 08, 2010
Patricia Dondanville
Corporate and Securities, Energy and Public Utilities

FDIC Open Bank Assistance: DOA or Ready for Revival?
July 2010
Lorraine M. Buerger
Corporate and Securities, Financial Institutions

Schedule C — A New Era in Annual Reporting
Summer 2010
Bradford P. Campbell
Labor and Employment, Employee Benefits and Executive Compensation

Certiorari Denied in Textron: Is the Game Over?
June 24, 2010
Thomas R. Wechter
Tax

Does an Overstatement of Basis Constitute an Omission From Gross Income?
June 10, 2010
Thomas R. Wechter
Tax

Adwords or madwords?
June 2010
David Jacoby
Intellectual Property

The Sea Change In Generational Wealth
May 27, 2010
James R. Robinson
Private Clients, Trusts and Estates

Goodnight GRAT
May 13, 2010
Thomas R. Wechter
Tax

Communication Is the Key to Avoiding e-Discovery Pitfalls
May 04, 2010
Valarie Hays, William E. Meyer Jr.
Litigation

Title Insurers to End Creditors' Rights Coverage Nationwide, But the Issues for Lenders Remain
May 2010
Paul G. Mackey
Financial Institutions, Real Estate

The Changing Rules for FDIC-Assisted Acquisitions: Strategies for Minimizing Buyer’s Risk in Failed Bank Transactions
May 2010
Lorraine M. Buerger
Corporate and Securities

Banks Need to Use the Classic Turnaround Methodology
May 2010
Christopher J. Zinski
Corporate and Securities, Financial Institutions

Increased Medicare Tax on High-Income Taxpayers and Unearned Income
April 15, 2010
Thomas R. Wechter
Tax

Cleaning the Murky Safe Harbor for Forward-Looking Statements
April 2010
Allan Horwich
Corporate and Securities, Securities and Futures Regulation

Corporate Officials Beware: Knowledge May No Longer Be Required for FCPA Liability
April 2010
Patricia Brown Holmes, Valarie Hays
Litigation, White Collar Crime and Corporate Compliance

How Do You Learn to Read Financial Statements?
March 17, 2010
Christopher J. Zinski
Corporate and Securities, Finance, Financial Institutions

FERC Issues NOPR to Address Control and Affiliation Concerns
March 17, 2010
Energy and Public Utilities

Reading Financial Statements Gives a Competitive Advantage
March 16, 2010
Christopher J. Zinski
Corporate and Securities, Finance, Financial Institutions

Uniform Definition of a Child for Dependency Exemption Tax Benefits
March 11, 2010
Thomas R. Wechter
Tax

Grease Payments are a Thing of the Past as the Reach of the FCPA Continues to Expand
March 2010
Patricia Brown Holmes, Valarie Hays
Litigation, White Collar Crime and Corporate Compliance

Bloggers beware
March 2010
David Jacoby
Intellectual Property

Current Issues Facing Landlords, Tenants and Subtenants
March 2010
Janet M. Johnson
Real Estate

Making the Case for Causation in Toxic Tort Cases: Superfund Rules Don’t Apply
February 18, 2010
Joshua R. More
Environmental

Remember the Nanny Tax
February 11, 2010
Thomas R. Wechter
Tax

California Supreme Court to Decide Whether Equipment Manufacturers May be Liable for Asbestos-Containing Replacement Parts
January 25, 2010
Alex P. Catalona
Product Liability

The Foreign Account Tax Compliance Act of 2009
January 14, 2010
Thomas R. Wechter
Tax

Selling Chicago Cubs Without Recognizing Any Taxable Gain: How Chicago Tribune Did It
December 10, 2009
Thomas R. Wechter
Tax

Changes in the Culture of Waiver
December 02, 2009
Stacie R. Hartman
Securities and Futures Regulation

Fashion, Copyright, and the Proposed Design Piracy Prohibition Act
December 2009
David Jacoby, Judith S. Roth
Intellectual Property

FBAR Reporting Requirements
November 12, 2009
Thomas R. Wechter
Tax

Every Breath You Take: Blogging, Texting, E-mails and Social Networking in the Workplace
November 05, 2009
Eric L. Barnum, Nora Kersten Walsh
Labor and Employment

Regulatory 'Round Holes' In OTC Derivatives Markets
November 2009
Patricia Dondanville
Energy and Public Utilities

Design-Build Teaming Agreements: Fostering the Relationship
November 2009
Mark C. Friedlander
Construction

Dealing with Appreciated Real Estate Inside of a C Corporation
October 22, 2009
Robert R. Pluth Jr.
Corporate and Securities, Private Clients, Trusts and Estates, Tax

Controlling the Costs of Defense: The 80 Percent Solution
Fall 2009
Walter C. Greenough
Litigation

Equitable Indemnity in California Construction Lawsuits: Just An Illusion?
Fall 2009
Robert B. Mullen
Construction, Litigation

Tax Issues for Real Estate Leasing by Tax-Exempt Organizations — Part II: Developing and Leasing Vacant Land
September 15, 2009
Michael J. Huft
Private Clients, Trusts and Estates, Real Estate, Tax-Exempt Organizations, Tax

The Price of Victory: Controlling Costs in Small "Complex" Cases
September 2009
John S. Worden, P. Mark Mahoney
Finance

Madoff: The Second Act
September 2009
David Jacoby
Finance, Intellectual Property

When the Corporate Luminary Becomes Seriously Ill: When Is a Corporation Obligated to Disclose that Illness and Should the Securities and Exchange Commission Adopt a Rule Requiring Disclosure?
September 2009
Allan Horwich
Corporate and Securities, Securities and Futures Regulation

Design-Build Teaming Agreements: Sharing Risks and Providing Services
September 2009
Mark C. Friedlander
Construction

A Step-by-Step Guide to Purchasing a Home in France
September 2009
Theresa M.H. Marx
Real Estate

Not the Same: Commodity and Derivatives Markets for Power Defy Standardization
September 2009
Patricia Dondanville
Energy and Public Utilities

Recent Developments in Equitable Innocent Spouse Relief
August 13, 2009
Thomas R. Wechter
Tax

OMG! Ur TM, © Being Infringed @Twitter!
July 22, 2009
David Jacoby, Judith S. Roth
Intellectual Property

Successful Use of the Tax Practitioner Privilege Unlikely
July 16, 2009
Thomas R. Wechter
Tax

Rambus — Gone But Not Forgotten
July 10, 2009
William M. Hannay
Antitrust and Trade Regulation

Is It Worth Pursuing Your Construction Claim?
July 2009
Jeremy S. Baker

Finding the Real Party in Interest: Using Medicaid Law to Combat the Unreasonable Life Care Plan
Summer 2009
Jonathan Judge
Product Liability

IRS Voluntary Disclosure Initiative
June 11, 2009
Thomas R. Wechter
Tax

Jurisdiction Over Foreign Entities in the Age of Electronic Commerce
June 05, 2009
Robert B. Mullen
International, Litigation

Deferral Under the 2009 Recovery Act
May 14, 2009
Thomas R. Wechter
Tax

Switzerland, Austria, and More Say They Will
April 23, 2009
Thomas R. Wechter
Tax

Friends, Tweets and Posts: The Potential Pitfalls Every Litigator Should Know About the Internet's Social Networking Tools
April 20, 2009
Kelly M. Warner
Litigation

Getting Foreign Accounts Right With the Government
April 09, 2009
Thomas R. Wechter
Tax

Asbestos Liability Unlikely For Replacement Parts
March 16, 2009
Alex P. Catalona

Targeting Offshore Bank Accounts
March 12, 2009
Thomas R. Wechter
Tax

Tax Issues for Real Estate Leasing by Tax-Exempt Organizations
March 2009
Michael J. Huft
Private Clients, Trusts and Estates, Real Estate, Tax-Exempt Organizations, Tax

FIN 48 and Tax Accrual Workpapers
February 26, 2009
Thomas R. Wechter
Tax

Ephemeral Data Meets Hard Law
February 10, 2009
Robert B. Mullen
Litigation

Arbitrate or Litigate? Choose Your Poison
February 04, 2009
Ralph A. Morris
Labor and Employment

The Blame Game: Litigation Arising out of the Subprime Mortgage Meltdown
February 2009
Jean L. Bertrand, Nicole S. Magaline
Real Estate

Estate Planning Checklist: How to Put Your Affairs in Order
February 2009
Private Clients, Trusts and Estates

Textron Workpapers Are Privileged Work Product
February 2009
Thomas R. Wechter
Tax

Has New York Stretched its Long Arm Too Far?: Court of Appeals Eschews Comity Analysis in Case Involving Service in Brazil
January 12, 2009
David Jacoby, Judith S. Roth
Intellectual Property

What Leftovers Are on Congress' Plate for 2009?
January 2009
Tax

United States Antitrust Law Regarding Standard Setting Bodies
December 2008
William M. Hannay
Antitrust and Trade Regulation

The IRS Bailout of the Bailout
December 2008
Thomas R. Wechter
Tax

A Minute of News and Views: The Employee Free Choice Act and the New Administration
November 17, 2008
Labor and Employment

Mexico's Supreme Court Issues First Binding Precedent on an Author's Right to Royalties, Citing International Human Rights Law
November 2008
Daska P. Babcock
International

The Bear Stearns Acquisition
November 2008
Thomas R. Wechter
Tax

The Mortgage Relief Act of 2007 and the Rescue Act of 2008
October 11, 2008
Thomas R. Wechter
Tax

A Minute of News and Views: Exit Interviews and Severance Agreements
October 08, 2008
Labor and Employment

Who Takes What: The Parties' Rights to Franchise Materials at the Relationship's End
Fall 2008
Clay A. Tillack
Litigation

Assignments and Subleases
September 11, 2008
Janet M. Johnson
Real Estate

Fraud in Markups: An Unusual SEC Decision
September 03, 2008
Howard L. Kramer, Jack P. Drogin
Securities and Futures Regulation

Attorneys and Public Relations Consultants: Privileged or Perilous Communications?
September 2008
David Jacoby, Judith S. Roth
Intellectual Property

Court Broadens Tax Shelter Exception to Tax Practitioner Privilege
September 2008
Thomas R. Wechter
Tax

'Jobe' Highlights Issues in Anticounterfeiting Statute
August 15, 2008
David Jacoby, Judith S. Roth
Intellectual Property

Designing an Effective Retail Surveillance Program
August 13, 2008
Michael K. Wolensky, Wendy B. Hart
Securities and Futures Regulation

Is the Work in Tax Accrual Workpapers Workproduct?
August 2008
Thomas R. Wechter
Tax

Summary of Proposed Amendments to Regulation S-P Affecting Transfer Agents
July 2008
Laura S. Pruitt
Securities and Futures Regulation

Are Expatriates Now Being Taxed As Heroes?
July 2008
Thomas R. Wechter
Colleen Feeney Romero

Omeprazole is Over — Or Nearly So
July 2008
D. Christopher Ohly
Intellectual Property

The Doctor Is In; School Is In Session: Answers on the Use of the Gift Tax Medical and Tuition Expense Exclusion
May 2008
Thomas W. Abendroth
Private Clients, Trusts and Estates

Bankruptcy Claims Trading: Buyer Beware...Or Not?
Spring 2008
Eugene J. Geekie Jr.
Restructuring, Bankruptcy and Creditors' Rights

Ticking Time Bombs in Irrevocable Life Insurance Trusts
March 2008
Thomas W. Abendroth
Private Clients, Trusts and Estates

The Best Way to Resolve Real Estate and Construction Disputes
March 2008
Paul M. Lurie
Real Estate

The CFAA: New Remedies for Employee Computer Abuse
March 2008
Linda K. Stevens
Intellectual Property, Trade Secrets Litigation

The Nuts and Bolts of Conducting an FCPA Internal Investigation
February 18, 2008
Patricia Brown Holmes, William M. Hannay
White Collar Crime and Corporate Compliance

The Sub-Prime Loan Mess: Where Did It Come From?
February 2008
Eugene J. Geekie Jr.
Restructuring, Bankruptcy and Creditors' Rights

The 2007 AIA Documents: New Forms, New Issues, New Strategies
January 31, 2008
Mark C. Friedlander
Construction

Trust Severances and Other Planning Under the New Final and Proposed GST Regulations
January 2008
David R. Hodgman
Private Clients, Trusts and Estates

'Follow the Settlements' And Allocation: A Review of Recent Developments
November 06, 2007
Amy M. Rubenstein
Reinsurance and Insurance

United States Antitrust Law Regarding Standard Setting Bodies
November 03, 2007
William M. Hannay
Antitrust and Trade Regulation, International

Securities Arbitration: An Idea Whose Time Has Come and Gone? (Part 2)
October 2007
John S. Worden
Litigation

St. Mark: A Cautionary Tale for General Counsel — Part 2
Fall 2007
Peter V. Fazio Jr.
Corporate and Securities, Public Companies

The Supreme Court Speaks in Marrama: The Plain Meaning Rule Isn't So Plain Anymore
September 2007
Eugene J. Geekie Jr.
Restructuring, Bankruptcy and Creditors' Rights

Securities Arbitration: An Idea Whose Time Has Come and Gone? (Part 1)
September 2007
John S. Worden
Litigation

Coping with Internal and Government Investigations
August 2007
Patricia Brown Holmes
White Collar Crime and Corporate Compliance

What Every Construction Professional Should Know About Insurance Coverage
July 2007
John S. Worden
Construction

Twenty Ownership Transition Planning Mistakes
July 2007
Paul M. Lurie
Construction

St. Mark: A Cautionary Tale for General Counsel — Part 1
Summer 2007
Peter V. Fazio Jr.
Corporate and Securities, Public Companies

Key Components of an Effective Compliance Program for Broker-Dealers Deemed Trading Centres Under Regulation NMS
June 29, 2007
Howard L. Kramer
Securities and Futures Regulation

Identity Crisis: Navigating the Ethical Challenges of Multiple Representation in an Internal Investigation
June 09, 2007
Patricia Brown Holmes
White Collar Crime and Corporate Compliance

IFRS: Coming to America: What CPAs Need to Know about the New Global GAAP
June 01, 2007
Lawrence M. Gill
Corporate and Securities, Public Companies

Pass-Through Claims in Construction Litigation
May 29, 2007
Jeremy S. Baker
Construction, Litigation

Dodging Antitrust Bullets in Patent Settlement Agreements:Lessons Learned from the "Reverse Payment" Dilemma
May 04, 2007
A. Paul Heeringa
Antitrust and Trade Regulation, Intellectual Property, Litigation

The Origin, Application, Validity, and Potential Misuse of Rule 10b5-1
May 2007
Allan Horwich
Securities and Futures Regulation

Court Committee Opinion Limiting ADR Representation Raises Constitutional Issues, as Well as Problems Rooted in Protectionism
April 2007
Paul M. Lurie
Construction

Regulation FD: A Refresher and Update
April 2007
Peter L. Rossiter
Financial Institutions

Postconfirmation Liquidation Vehicles (Including Liquidating Trusts and Postconfirmation Estates): An Overview
April 2007
Eugene J. Geekie Jr.
Restructuring, Bankruptcy and Creditors' Rights

New Jersey Appellate Court Rejects Integrity Final Dividend Plan
Spring 2007
Dennis G. LaGory
Reinsurance and Insurance

Pleading Reform or Unconsititutional Encroachment? An Analysis of the Seventh Amendment Implications of the Private Securities Litigation Reform Act
Spring 2007
Allan Horwich
Securities and Futures Regulation

New Dispute Resolution Process Under 2007 Form Agreements
March 19, 2007
Mark C. Friedlander, Paul M. Lurie
Construction

A New Solution for Public Construction Projects: Sequential Designer-Led Design-Build
March 01, 2007
Mark C. Friedlander, Ruth E. Krugly
Construction, Public Law

Perfecting Article 9 Security Interests Under Illinois Law
January 2007
Jason M. Torf
Restructuring, Bankruptcy and Creditors' Rights

The Clinical Trial Research Participant As An Inside Trader: A Legal And Policy Analysis
Winter 2006
Allan Horwich
Corporate and Securities, Public Companies

Warnings to the Unwary: Multi-Jurisdictional Federal Enforcement of Manipulation and Deception in the Energy Markets After the Energy Policy Act of 2005
November 02, 2006
Allan Horwich
Energy and Public Utilities

An Introduction To Early Case Assessment
November 2006
Eric L. Barnum
Litigation

Sword, Shield, or Simply a Constitutional Right? Patents in the Futures Industry
September 2006
Stacie R. Hartman
Litigation

Arbitrator-Directed Arbitration: A Different Approach to ADR
July 2006
Mark C. Friedlander
Construction

Antitrust Sentencing Post-Booker: What We Know So Far
July 2006
Brian J. Neff
Antitrust and Trade Regulation

Recent Developments in Insurance Company Insolvency
Summer 2006
Dennis G. LaGory
Reinsurance and Insurance

Dispute Resolution Clauses: A Practical Approach
June 2006
David Jacoby
Litigation

Sleeping Through the Night
May 01, 2006
Patricia Brown Holmes
White Collar Crime and Corporate Compliance

Mandatory Waiver of Attorney Client Privilege: Cooperation or Coercion
May 01, 2006
Patricia Brown Holmes
White Collar Crime and Corporate Compliance

Compliance Programs: The First Step to Protect Against Employee Criminal Acts
May 01, 2006
Patricia Brown Holmes
White Collar Crime and Corporate Compliance

Arbitration and The Unauthorized Practice of Law
March 22, 2006
David M. Spector
Litigation

The Audit Committee As Sleuth: Conducting an Internal Investigation
February 2006
Peter L. Rossiter
Corporate and Securities, Financial Institutions, Public Companies

Image Rights, Rights of Privacy — Opportunities and Limitation: A Legal Overview from a United States Perspective
September 28, 2005
David Jacoby
Intellectual Property

Internal Investigations in the Era of "Cooperation"
May 20, 2005
Michael K. Wolensky
White Collar Crime and Corporate Compliance

Ninth Circuit Defines "Extraordinary" for Sarbanes-Oxley Escrow Provisions
May 2005
Michael K. Wolensky
Corporate and Securities, Financial Institutions, Public Companies

Understanding Affirmative Action Obligations as a Landlord, Tenant or Government Contractor
March 2005
Paula M. Ketcham
Labor and Employment, Public Law, Real Estate

The New AIA Design-Build Documents
March 2005
Mark C. Friedlander
Construction

Audit Committee Self-Assessments: Why and How?
January 2005
Peter L. Rossiter
Corporate and Securities, Financial Institutions, Public Companies

Benefits to Products Liability Litigation: The Self-Critical Analysis Privilege
December 2004
Jonathan Judge, William E. Meyer Jr.
Litigation, Product Liability

Marketers, Be Prepared!
September 2004
Amy M. Rubenstein, Jonathan Judge, William E. Meyer Jr.
Litigation

Land Title Trends
August 09, 2004
Christine A. McGuinness
Finance, Real Estate

Supporting the Audit Committee after Sarbanes-Oxley: A Practical Guide
August 2004
Peter L. Rossiter
Corporate and Securities, Financial Institutions, Public Companies

The Alternative Dispute Resolution Agreement Advantage in Consumer Sales
May 2004
William E. Meyer Jr.
Litigation, Product Liability

Deathbed Gifts — A Savings Opportunity for Residents of Decoupled States
April 2004
Debra L. Stetter
Private Clients, Trusts and Estates

Is Family Limited Partnership Right For You?
March 2004
Thomas R. Wechter
Tax

Establishing a U.S. Subsidiary of a German Parent Corporation
March 2004
Hans F. Kaeser
Corporate and Securities, International

Rule 15a-6: Safe Harbor for Unregistered Foreign Broker-Dealers
January 08, 2004
Andrew M. Klein
Securities and Futures Regulation

Twenty Ownership Transition Pitfalls: The most common mistakes made in transition planning
January 2004
Paul M. Lurie
Construction, Corporate and Securities, Private Clients, Trusts and Estates, Private Companies, Public Companies

A Primer on SEC Rule 10b5-1: Affirmative Defenses For Insider Trading
November 10, 2003
Allan Horwich, Andrew M. Klein
Corporate and Securities, Public Companies, Securities and Futures Regulation

Risk Allocation in Design-Build Construction Projects
October 2003
Mark C. Friedlander
Construction

Legal Issues Unique to Design-Build
October 2003
Mark C. Friedlander
Construction

Comparative Aspects of U.S. Antitrust Law and the Modernization of E.U. Competition Law
September 02, 2003
William M. Hannay
Antitrust and Trade Regulation

Corporate and Securities Update — Understanding and Complying with the Sarbanes-Oxley and NYSE and Nasdaq Requirements Affecting Audit Committees
March 21, 2003
Peter L. Rossiter
Corporate and Securities

Choosing and Challenging: An International Forum — A Quick Look at Forum Non Conveniens
April 2002
Robert B. Mullen
Litigation

Selected Property Damage Insurance Concepts (Replacement Cost, Coinsurance, Agreed Value, and Improvements and Betterments)
Spring 2001
Janet M. Johnson
Real Estate

Law and Practice: Contractor Marketing — Penalty Clauses
January 2001
Mark C. Friedlander
Construction

Questioning Project Web Sites
December 2000
Mark C. Friedlander
Construction

Stock Option Gains — A Technique For Deferring Taxation
December 1998
Neal A. Mancoff
Employee Benefits and Executive Compensation

Don't Proceed Too Fast for Conditions
October 15, 1998
Mark C. Friedlander
Construction

The Waiver of Consequential Damages in the A201 General Conditions
September 1998
Mark C. Friedlander
Construction

Checklist for Design-Build Teams
January 01, 1998
Mark C. Friedlander
Construction

Speak Out — Design-Build Provides "an Opportunity for Architects to Return to the Status of Master Builders."
September 1997
Mark C. Friedlander
Construction

Design-Build — The Single Entity Option
January 1997
Mark C. Friedlander
Construction

Designer-Led Design-Build: Overcoming the Obstacles
December 01, 1996
Mark C. Friedlander
Construction

The Fundamental Role of the Corporate Lawyer — And How to Succeed in It
June 25, 1995
Stuart L. Goodman
Corporate and Securities, Private Companies, Public Companies

Design Professional's Rights and Remedies When Owner Breaches Contract
August 1991
Mark C. Friedlander
Construction

Starting Your Own Practice
December 1990
Mark C. Friedlander
Construction

The Indemnity Dilemma
September 1989
Mark C. Friedlander
Construction

The Impact of Moorman and its Progeny on Construction Litigation
August 1989
Mark C. Friedlander
Construction, Litigation

Contractors' Construction Warranties
Mark C. Friedlander
Construction

Engineer-Led Design-Build: A Practical Business Plan for Engineers to Lead Design-Build Teams
Mark C. Friedlander
Construction

Designer-Led Design-Build: Advantages and Drawbacks
Mark C. Friedlander
Construction

Design-Build — Legal Obstacles and Solutions
Mark C. Friedlander
Construction

Design-Build Update
Mark C. Friedlander
Construction

Design-Build Teaming Agreements
Mark C. Friedlander
Construction

A Blueprint for Designer-Led Design-Build
Mark C. Friedlander
Construction

A Primer on Industrial Design-Build Construction Contracts
Mark C. Friedlander
Construction

Checklist of Recommended Contractual Provisions for Design-Builders
Mark C. Friedlander
Construction

Designer-Led Design-Build: Advantages, Risks and Limitations
Mark C. Friedlander
Construction

Designer-Led Design-Build: Overview
Mark C. Friedlander
Construction