What is a Parenting Coordinator and Why Do We Need One?
On August 18, a Washington D.C.-based financial consulting firm agreed to pay $15 million to resolve allegations that the firm failed to meet the current requirements of the NY Department of Financial Services (NYDFS) for...more
American workers increasingly labor away in an independent contractor environment. Much controversy surrounds this, largely due to often-diminished compensation and the union-busting nature of how it is implemented. In San...more
In This Issue:
Novation in construction and engineering projects
Novation is the cornerstone of design and build procurement. It is the novation of the design consultants' appointments to the main building...more
In this Issue:
What is the Process for Admission to Trading on AIM?
Publication of either a prospectus or an admission document.
A prospectus is required where a company is offering shares to
the public under...more
You’ve formed your company, and you’ve qualified to do business (if you haven’t, see last week’s blog). But more than that, you’ve engaged a third-party web designer (not your employee) to create a web site for you....more
A recent ruling by Magistrate Judge Jacqueline Scott Corley addressed the interesting question of whether a consultant might owe a fiduciary duty as a de facto officer. Music Grp. Macao Commer. Offshore, Ltd. v. Foote, 2015...more
In May, the Joint Commission on Public Ethics (JCOPE) issued proposed guidance on consultants and grassroots lobbying and is currently seeking informal comments on the proposal by July 10, 2015.
The proposed guidance...more
In this issue:
- Overview of Presentation
- Prevention is better than cure
- Fix problems in the design phase
- Early diagnosis and treatment of problems
- So what do you do?
- Areas of major...more
For the past several years, we have been tracking the U.S. Department of Labor’s (DOL) consideration of new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure...more
Ever since Messrs Hammer and Champy published Reengineering the Corporation in 1993, consultants have done good business in helping clients reengineer the way they do things. Many companies have benefitted greatly, others...more
Client agents/consultants normally fall outside privilege protection, unless they help facilitate communications between the client and lawyer. Recognizing this, some lawyers seek privilege protection by hiring the...more
Are bid preparation consultants good or bad for the competitive procurement system? Contractors have argued about this for years.
GAO recently upheld a solicitation provision forbidding the use of consultants to...more
Internal investigations are an ever-present challenge for companies. They can involve virtually any topic and arise in myriad ways. Embezzlement, accounting improprieties, bribery, and financial statement adjustments can all...more
A recent GAO decision highlights the importance of understanding the extent to which the government’s request for proposals (RFP) allows for the use of consultants in assisting with proposal preparation. ...more
On March 27, 2015, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion to compel disclosure of a report prepared by a Human Resources (“HR”) consultant in class action litigation under...more
Last week's Privilege Point described an outside regulatory compliance consultant's work for a company which worried about its non-compliant billing practices and about possible litigation, that consultant's later agreement...more
Phoenix business law firm Jaburg Wilk Family Law attorney Laurence B. Hirsch explains what a parenting coordinator is and why they are necessary. For more information visit www.jaburgwilk.com. ...more
Monde Petroleum SA v Westernzagros Ltd  EWHC 67 (Comm) -
In 2006, WesternZagros Ltd (WZL), an oil and gas company incorporated in Cyprus, entered into a consultancy agreement with Monde Petroleum SA (Monde), a...more
Last week's Privilege Point described the Southern District of New York's prediction that the Second Circuit might reject the widely-accepted "functional equivalent" doctrine. Church & Dwight Co. Inc. v. SPD Swiss Precision...more
Not all recent Southern District of New York decisions have favored privilege protection in the corporate setting. In Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GmbH, No. 14-cv-585, 2014 U.S. Dist. LEXIS 175552...more
Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic...more
Excerpt from Question 1:
Your firm is visited by the SEC or state regulator for a routine regulatory examination and you enlist a law firm or consultant to help guide you through the process. Who pays the legal or...more
FCPA enforcement officials have repeatedly emphasized that a key focus is individuals who violate the Act. This week the Department of Justice announced the filing of a multi-count indictment against the owner of a privately...more
SUPPLIER OF INSTALLATION SERVICES FOR LARGE SATELLITE TV COMPANY CANNOT DISMISS IC MISCLASSIFICATION CLAIM BY INSTALLER. A federal district court in Mississippi last month denied cross-motions for summary judgment in an FLSA...more
Technology companies receive services from a variety of individuals and often use consultants, either for marketing advice, for software development or for other discreet tasks. It’s important to be sure the consultants are...more
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