July / August
Showing 449–464 of 616 results
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Patent infringement damages – Federal Circuit gives thumbs down to “25% rule”
July / August 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 735
Abstract: In a recent case involving infringement of an antipiracy software registration system, the Federal Circuit affirmed the district court’s grant of a new damages trial because the award was “fundamentally tainted by the use of a legally inadequate methodology.” This article explains the court’s repudiation of the oft-used “25% rule of thumb.” Citation: Uniloc USA Inc. v. Microsoft Corporation, 632 F.3d 1292 (Fed. Cir. 2011). Georgia-Pacific Corp. v. United States Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970), modified and aff’d, 446 F.2d 295 (2d Cir. 1971).
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3 ways to communicate with a valuation professional
July / August 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 632
Abstract: Nothing’s more frustrating than sitting down for a consultation with a valuation professional and failing to fully understand the process and how an appraiser arrives at a certain value. To avoid miscommunication, this article offers three simple instructions: listen to the valuator’s explanation of the various standards of value; define valuation parameters; and develop an engagement letter.
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Growth rate becomes critical to lost profits calculation
July / August 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 999
Abstract: In commercial cases involving lost profits, selecting an appropriate growth rate is a critical step in calculating damages. It’s also one of the most challenging. Depending on the amount at stake and the length of the damages period, adjusting the growth rate by just a few percentage points can have a significant effect on the outcome. This article looks at one lost profits case in which the court found that the plaintiff’s expert’s general approach was sound but that his method of selecting the growth rate wasn’t. A sidebar discusses one of the court’s criticisms in particular. Citation: Manpower Inc. v. Insurance Company of the State of Pennsylvania, No. 08C0085 (E.D.Wis. 09/20/2010)
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Estate Planning Red Flag – You haven’t planned for incapacity
July / August 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 302
Abstract: Estate planning is often associated with death. But it’s just as important for a plan to address incapacity associated with illness, injury, advanced age or other circumstances. This article looks at three planning tools for financial decisions (a revocable living trust, a durable power of attorney, and joint ownership) and two tools for health care decisions (a health care power of attorney and a living trust).
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Are your loved ones’ inheritances protected? Add spendthrift language to a trust to safeguard assets
July / August 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 448
Abstract: Despite its name, the purpose of a spendthrift trust isn’t just to protect profligate heirs from themselves. Adding spendthrift language to a trust benefiting one’s heirs can help safeguard assets from their creditors, or in the event of relationship changes. This article explains how a spendthrift trust works.
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Estate planning isn’t just about taxes
July / August 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 589
Abstract: Estate taxes are only one piece of the estate planning puzzle. In fact, there are critical nontax issues to think about. This article looks specifically at appointing a guardian for children; avoiding probate through a revocable “living” trust; protecting assets against creditors’ claims; and designing a trust to incentivize the beneficiary’s behavior.
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The GST tax exemption – A tool to generate future tax savings
July / August 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 1169
Abstract: The generation-skipping transfer (GST) tax can have harsh consequences. Those who take full advantage of GST planning strategies, however, have an opportunity to shield their wealth from tax and build a lasting legacy. This article discusses three types of transfers that may trigger GST taxes, and illustrates strategies to allocate the GST tax exemption in a manner designed to produce the greatest tax savings. A sidebar shows why automatic-allocation rules regarding the exemption don’t always work in a taxpayer’s best interest.
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Up with EAPs – Company benefit helps mitigate employee lawsuit
July / August 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 706
Abstract: This article discusses a case in which the U.S. Court of Appeals for the Seventh Circuit had to decide whether a terminated employee’s alcoholism constituted a disability under the Americans with Disabilities Act or a serious health condition under the Family and Medical Leave Act. The defendant’s employee benefit — its Employee Assistance Program — played a role in the outcome. Ames v. Home Depot Incorporated, No. 09-4151, Jan. 6, 2011 (7th Cir.)
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Seven-week leave prompts FMLA lawsuit
July / August 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: The Family and Medical Leave Act entitles an employee to take up to 12 weeks annually to care for his or her spouse (or certain other family members) — if the spouse has a serious health condition. But does a spiritual pilgrimage constitute medical care? This article looks at the case of a worker who was terminated for taking a seven-week leave after producing certification that, in the employer’s opinion, did not adequately attest to her husband’s medical condition. Tayag v. Lahey Clinic Hospital, No. 10-1169, Jan. 27, 2011 (1st Cir.)
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Off the wall: Office décor prompts religious discrimination case
July / August 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 793
Abstract: A rental complex discharged two employees who had refused to remove a religious poster from an apartment management office. The couple sued, claiming that the company had intentionally discriminated against them because of their religion, failed to accommodate their sincerely held religious beliefs and retaliated against them. This article explains the appeals court’s split decision regarding the district court’s ruling on these three points. Dixon v. Hallmark Companies, Inc., No. 10-10047, Dec. 9, 2010 (11th Cir.)
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Who’s behind this decision? Supreme Court looks at discriminatory bias in termination
July / August 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 800
Abstract: Can an employer be held liable for the discriminatory bias of supervisors who influenced an adverse employment decision — even if those supervisors didn’t make the ultimate adverse decision? This was a question that rose all the way to the U.S. Supreme Court in a case in which an Army Reservist sued his employer under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This article explains the Court’s decision, while a sidebar explains why an appeals court had earlier come to a different conclusion. Staub v. Proctor Hospital, No. 09-400, March 1, 2011 (Supreme Court)
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Dealer Digest – Why do potential customers leave?
July / August 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 407
Abstract: This issue’s &ldquoDealer Digest” looks at the real reasons many customers leave a dealership without buying; the recent jump in new vehicle sales; and the IRS’s relaxation of lien-filing practices.
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4 tips for the digital dealership
July / August 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 346
Abstract: This article offers four tips to attract customers by being more digitally proactive. They involve trying new search engine optimization strategies, hosting a mobile website, starting a blog, and marketing via social media.
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Preparing for the annual audit
July / August 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 851
Abstract: Dealers can make an audit engagement run smoothly if they have general knowledge of the audit process and their role in it. This article explains who ought to perform the audit, what documents they’ll need to examine, and how to prepare for an inventory count. It also describes the management points that good auditors will present when they deliver the financial statements.
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Shielding your assets – Make moves to protect your wealth
July / August 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 938
Abstract: Potential creditors, a plaintiff in a lawsuit or a business failure could threaten the wealth that a dealer has collected over a lifetime. This article offers descriptions — and some of the pros and cons — of three vehicles available for shielding assets from risks: family limited partnerships, offshore trusts, and Crummey trusts. A sidebar explains the importance of having a prenuptial agreement to protect assets.
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Construction Success Story – Contractor looks to turn around turnover
July / August 2011
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 442
Abstract: This issue’s “Construction Success Story” features a medical facilities contractor who suspected that high turnover was contributing to the company’s suddenly slumping profits. His financial advisor showed him a way to measure his turnover cost, and then address the root cause of the problem.