If you ever have the desire to see a perfectly executed eye-roll, or just have a glance at an eloquently blank stare, here’s what to do: Ask another attorney if they’ve been stressed out lately. Pushing the point can escalate the matter from...
The Practical Lawyer Articles
A CORPORATE GOVERNANCE ANOMALY:
REQUIRING OUTSIDE AUDITORS TO DISCLOSE CAMS MAY HAVE UNINTENDED CONSEQUENCES Generally accepted audit standards (GAAS) require an auditor to communicate significant findings from the audit to those charged with governance in the entity being...
LIFE, LIBERTY, AND THE PURSUIT OF EQUITY — RETURN TO WHAT?
After a year and a half of hunkering down, carefully quarantining, social bubbling, and generally acting like hermit crabs, the world—and the workforce—is slowly getting back on track. Just as the start of the pandemic was traumatic, reentry into...
USE OF JOINT SPOUSAL TRUSTS IN COMMUNITY PROPERTY STATES: STILL THE GOLD STANDARD OF ESTATE PLANNING?
Unlike common law states that have not historically favored the use of a single joint revocable trust for spouses (hereafter referred to as the Joint Spousal Trust or JST), the JST has long been the gold standard estate planning tool of choice in...
FIVE FEDERAL TAX ISSUES TO CONSIDER WHEN SERVING ON THE BOARD OF A PUBLIC CHARITY
Being invited to serve on the board of a charity you care about is often a wonderful honor and an exciting opportunity. Nonprofit organizations are well served to include an attorney on the board who can help identify, among other legal threats,...
FUNCTIONAL ANALYSIS OF CAPITAL CALCULATIONS IN VALUATION AND DAMAGES DISPUTES (CHECKLIST)
Legal counsel often retain specialized analysts to perform valuation, damages, or transfer price analyses. These analyses may relate to disputes involving taxation, shareholder rights, condemnation and eminent domain, bankruptcy, all types of...
PRACTICAL FEEDBACK FROM ACTIVE DIRECTORS
There is an increasing supply of qualified candidates looking for their first board seat with a private company. Experienced directors understand how the process works, and what to expect. First-time candidates, however, are thirsty to learn how...
DIRECT EXAMINATION: HOW TO DO IT EFFECTIVELY
There have been many articles written about cross examination, but there is not much that covers direct examination. As a result, what I know about direct comes from virtually the only source I have found: the school of hard knocks. And for reasons...
SERVING ON A CORPORATE BOARD: WHAT LAWYERS NEED TO KNOW
Historically, lawyers, especially while still in active legal practice, didn’t serve on corporate boards. Boards typically preferred C-suite executives—whether retired or active—as directors. Attorneys were nonetheless often “in the boardroom” in...