Why were no bankers put in prison after the financial crisis of 2008? Why do CEOs seem to commit wrongdoing with impunity? The problem goes beyond banks deemed “Too Big to Fail” to almost every large corporation in America—to pharmaceutical companies and auto manufacturers and beyond.
The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why. A character-driven narrative, the book tells the story from inside the Department of Justice. The complex and richly reported story spans the last decade and a half of prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.
The book begins in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. The book travels to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and F.B.I agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early aughts and into the Justice Department of today.
Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice.
CPA and Attorney Mark J. Kohler answers the leading tax and legal questions facing small business owners, across all stages of business, and delivers a comprehensive playbook of clear-cut truths, thought-provoking advice, and underutilized solutions to save you time, money, and heartache.
You can read this book straight through or as a reference guide—reading the chapters as needed to answer the questions as they arise. You’ll come away wiser and better equipped to make the best decisions for your business, your family, and yourself.
• The ins and outs behind fundamental business decisions
• Underutilized tax and legal strategies that can save you thousands
• Picking the right legal entity for your business
• Common legal scams and deceptions to avoid
• Protecting your assets and planning for retirement
• Issues are illustrated with entertaining, real-world examples
Don Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America's electric power. But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily.
As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal mining country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law.
The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.
Fortunately, you have a better alternative. "Legal Guide for Starting & Running a Small Business" clearly explains the practical and legal information you need to:
raise start-up money
choose between a sole proprietorship, partnership or LLC
get licenses and permits
buy or sell a business or franchise
negotiate a favorable lease
insure your business
hire independent contractors safely
understand small business tax rules
pick and protect a good name
resolve legal disputes
adopt the best customer policies
enter into strong contracts
cope with financial problems
The new edition updates relevant legal and tax information, such as state drug and alcohol testing laws, environmental regulations, and restrictions on home businesses, as well as provides practical advice on topics such as current trends in raising start-up money, purchasing insurance, and extending credit.
Employees filed more than 95,000 discrimination, harassment and retaliation claims against their employers in 2008, with the biggest jump occurring in age discrimination and retaliation claims. In these tough economic times, it's evident that more employees are considering taking their grievances to court.
Enter The Essential Guide to Workplace Harassment & Discrimination, the essential reference for human resources professionals, managers and supervisors who are responsible for addressing and preventing harassment and discrimination problems in the workplace. Taking into consideration the practical realities of applying the law in everyday situations, this guide answers common questions that you're likely to encounter regularly.
Though you'll read thorough explanations, in plain English, of the important legal principles that professionals must understand in order to deal with discrimination in the workplace, you'll also get samples, quizzes and scenarios that will help you to apply these principles in real-world situations. Find guidance on:
. what harassment is and how to stop it
. when and how discrimination occurs
. how to draft and communicate effective policies
. how to conduct training
. how to handle employee complaints and investigate claims thoroughly
. how to protect the company with proper documentation
. what to expect if an employee files a charge or lawsuit
The Essential Guide to Workplace Harassment & Discrimination is packed with legal strategies and information for busy managers, giving you the tools to protect your employees -- and the company -- from workplace harassment and discrimination.
- Download forms for book on nolo.com
Want to start a business? Don’t know where to begin? Start here.
The Small Business Start-Up Kit shows you how to set up a small business in your state, quickly and efficiently clearing state and local bureaucratic hurdles along the way.
We’ll show you how to:
• choose between an LLC and other business structures
• write an effective business plan
• pick a winning business name and protect it
• hire and manage staff
• comply with legal and tax issues affecting home businesses
• price, bid, and bill your projects
• manage finances and taxes
• get your website up and running, and
• market your business effectively, online and off.
The 9th edition is completely updated, with the latest legal and tax rules affecting small businesses, and use of social media to promote your brand and drive website traffic.
Ready to be your own boss? Whether you’re starting a full-scale consulting business or booking gigs on the side, Working for Yourself provides all the legal and tax information you need in one place. This excellent, well-organized reference will show you how to:
decide the best form for your business (sole proprietor, LLC, or other) make sure you’re paid in full and on time pay estimated taxes (and avoid trouble with the IRS) take advantage of all available tax deductions (including home offices) choose health, property, and other kinds of insurance keep accurate records in case you get audited, and write legally binding contracts and letter agreements.
Tired of doing endless web searches for legal and tax information? Want one easy-to-use and authoritative resource for everything you need to start and run your business? This book is for you.
Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Whether you’re just starting a small business, or your business is already up and running, legal questions crop up on an almost daily basis. Ignoring them can threaten your enterprise—but hiring a lawyer to help with routine issues can devastate the bottom line.
The Legal Guide for Starting & Running a Small Business has helped more than a quarter million entrepreneurs and business owners master the basics, including how to:
raise start-up money decide between an LLC or other business structure save on business taxes get licenses and permits choose the right insurance negotiate contracts and leases avoid problems if you’re buying a franchise hire and manage employees and independent contractors attract and keep customers (and get paid on time), and limit your liability and protect your personal assets.
The 15th edition is completely updated with the latest legal information and tax rules for small businesses. Whether you’re a sole proprietor or an LLC or corporation, or a one-person business operating out of your home, or a company with a large staff leasing space, this book will help you start and run a successful business.
Single-member LLCs are the new business entity of choice for small businesses with one owner. Easy to form and operate, Single Member LLCs combine some of the most desirable features of older, more traditional business structures like corporations, partnerships, and sole proprietorships. With an Single Member LLC, you get personal liability protection, pass-through taxation, and flexibility of management.
This book provides an overview of everything you need to know about Single Member LLCs, including:
what forms and documents you need to create an SMLLC how to initially fund an SMLLC what your options are for managing an SMLLC how to prepare taxes for an SMLLC what kinds of records you need to maintain for your SMLLC, and liability issues specific to SMLLCs.
Nolo’s Guide to Single-Member LLCs has all the essential information you need to decide whether an SMLLC is the right choice for your business. The book includes a sample operating agreement and written consent forms as well as tips and examples throughout to help clarify the most important points.
The process of becoming a tax-exempt organization may appear intimidating, but with How to Form a Nonprofit Corporation, you can do it quickly, easily, and with confidence.
This bestselling book includes complete instructions for obtaining federal 501(c)(3) tax exemption and for qualifying for public charity status with the IRS. It will help you:
complete an IRS tax-exemption application
prepare articles of incorporation
write the bylaws of your nonprofit
create in minutes of the organizational meeting
understand your state’s specific nonprofit requirements
This edition is completely updated to reflect the latest changes in the law, and includes contact information for finding updated state-specific instructions. You'll also get information on new online services and options related to forming your nonprofit. Plus, all the forms you need are included in this complete guide.
If you run your own business as a sole proprietorship or partnership, you’ve probably heard of the advantages of limited liability companies—especially the way an LLC can protect personal assets from business debts. But LLCs aren’t the best structure for every business.
LLC expert Anthony Mancuso clearly explains how to decide whether an LLC is right for you. Learn:
the unique legal features of LLCs, including limited personal liability for owners who should—and who shouldn’t—form an LLC how to choose among an LLC, corporation, partnership, or other business form how LLCs are taxed how to manage multiple-owner LLCs, and why an LLC can be the right choice even for a debt-troubled business.
Practical, concise and easy to read, this edition of Nolo's Quick LLC provides the latest facts, figures and updated tax information you'll need to know about this structure for your small business
Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Side Effects tells the tale of a gutsy assistant attorney general who, along with an unlikely whistle-blower at an Ivy League university, uncovered evidence of deception behind one of the most successful drug campaigns in history. Paxil was the world's bestselling antidepressant in 2002. Pediatric prescriptions soared, even though there was no proof that the drug performed any better than sugar pills in treating children and adolescents, and the real risks the drugs posed were withheld from the public. The New York State Attorney General's office brought an unprecedented lawsuit against giant manufacturer GlaxoSmithKline, the maker of Paxil, for consumer fraud. The successful suit launched a tidal wave of protest that changed the way drugs are tested, sold, and marketed in this country.
With meticulous research, Alison Bass shows us the underbelly of the pharmaceutical industry. She lays bare the unhealthy ties between the medical establishment, big pharma, and the FDA—relationships that place vulnerable children and adults at risk every day.
Mostly, legal issues in any business are over looked even by the incubators and accelerators. While providing state of the start facilities they totally ignore the need for quality legal services. While things are not going to change any time soon, there is a solution whereby the founders can learn the basic legal principle of business in India and things that will prove helpful in taking sound legal decisions. This book is a step in that direction and introduces the necessities of Indian law to the entrepreneurs and students in a short and precise manner (so that valuable time is not lost). This book is written while keeping entrepreneurs in mind, it is highly useful even to those who want to learn legal principles of business.
THE BOOK HAS BEEN UPDATES WITH INPUTS FROM REVIEWERS.
This new edition brings the material up-to-date with complete coverage of developments in both state corporate law and federal securities law.
Contemporary practices and legal provisions addressing corporate governance are described. Special attention is given to the fiduciary obligations of owners and managers as well as the governance rights of shareholders. The materials provide detailed coverage of the federal provisions addressing proxy solicitations, insider trading, disclosure requirements and the scope of the anti-fraud provision Rule 10b-5. The outline provides comprehensive treatment of a wide range of mergers and acquisition issues including the procedural requirements to effect acquisitions, the fiduciary obligations to defend and transfer control, and the intricate case law surrounding self-dealing acquisitions.
If “corporations are people too,” why isn’t anyone in jail?
A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal.
In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today
At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators.
Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations.
An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.
Russell Weigel has been practicing securities law since 1990. For more than ten of these years he was an attorney for the Securities & Exchange Commission. Since 2001, he has been in private practice counseling public and private capital raisers and defending the securities industry and corporate executives from SEC and FINRA enforcement matters.
Russell Weigel opens your eyes to the risks of raising capital but shows you a path to minimize these risks.
Whether private or public, companies raising capital the wrong way and not properly planning for unforeseen events can result in substantial loss. Capital for Keeps is designed to save the entrepreneur thousands of dollars in legal fees by educating them on their options and the standards of conduct expected of them to stay away from the courthouse.
Meticulously researched and organized, this book takes the global view on corporate governance to provide insight into the corporate governance conundrum in Nigeria. Against the background of international standard, Author, Olusola A. Akinpelu proposes a number of reforms to the existing governance structure and delves into the history of corporate development from the 1960s through the present.
In addition, Akinpelu offers an in-depth analysis of the philosophical foundations for corporate governance and compiles the theories, models, statutes, reforms, international standards, guidelines, and legal cases on corporate governance in the United Kingdom, Germany, the United States of America, and elsewhere to show how no country is completely immune from corporate collapse.
A timely work, Corporate Governance Framework in Nigeria will interest students of business economics, business law, legal practitioners, and researchers in the field of corporate governance.
‘’An excellently well written book on all important subject of socio-economic value and relevance.’’
- Guoleba Seri (Esq),
Chairman/CEO, Seri Associates, LLC, NY.
Founder and President/CEO, African Chambers of Commerce, United States.
You already know social media can help you find customers, strengthen relationships, and build your reputation, but if you are not careful, it also can expose your company to expensive legal issues and regulatory scrutiny. This insightful, first-of-its-kind book provides business professionals with strategies for navigating the unique legal risks arising from social, mobile, and online media. Distilling his knowledge into a 100% practical guide specifically for non-lawyers, author and seasoned business attorney, Robert McHale, steps out of the courtroom to review today’s U.S. laws related to social media and alert businesses to the common (and sometimes hidden) pitfalls to avoid. Best of all, McHale offers practical, actionable solutions, preventative measures, and valuable tips on shielding your business from social media legal exposures associated with employment screening, promotions, endorsements, user-generated content, trademarks, copyrights, privacy, security, defamation, and more...
You’ll Learn How To
• Craft legally compliant social media promotions, contests, sweepstakes, and advertising campaigns
• Write effective social media policies and implement best practices for governance
• Ensure the security of sensitive company and customer information
• Properly monitor and regulate the way your employees use social media
• Avoid high-profile social media mishaps that can instantly damage reputation, brand equity, and goodwill, and create massive potential liability
• Avoid unintentional employment and labor law violations in the use of social media in pre-employment screening
• Manage legal issues associated with game-based marketing, “virtual currencies,” and hyper-targeting
• Manage the legal risks of user-generated content (UGC)
• Protect your trademarks online, and overcome brandjacking and cybersquatting
• Understand the e-discovery implications of social media in lawsuits
-Nancy Rapoport, University of Houston Law Center
"Eat What You Kill is gripping and well written. . . . It weaves in academic commentary and understanding of professional ethics issues in a way that makes it accessible to everyone."
-Frank Partnoy, University of San Diego Law School
He had it all, and then he lost it. But why did he do it, risking everything-wealth, success, livelihood, freedom, and the security of family?
Eat What You Kill is the story of John Gellene, a rising star and bankruptcy partner at one of Wall Street's most venerable law firms. But when Gellene became entangled in a web of conflicting corporate and legal interests involving one of his clients, he was eventually charged with making false statements, indicted, found guilty of a federal crime, and sentenced to prison.
Milton C. Regan Jr. uses Gellene's case to prove that such conflicting interests are now disturbingly commonplace in the world of American corporate finance. Combining a journalist's eye with sharp psychological insight, Regan spins Gellene's story into a gripping drama of fundamental tensions in modern-day corporate practice and describes in perfect miniature the inexorable confluence of the interests of American corporations and their legal counselors.
This confluence may seem natural enough, but because these law firms serve many masters-corporations, venture capitalists, shareholder groups-it has paradoxically led to deep, pervasive conflicts of interest. Eat What You Kill gives us the story of a man trapped in this labyrinth, and reveals the individual and systemic factors that contributed to Gellene's demise.
This is a critical FCPA training resource for executives, managers, sales, marketing, finance and accounting personnel, as well as high level professionals.The ideal resource for any business that takes FCPA compliance seriously and truly desires to foster a deep understanding of real-world corruption issues in their employees A great resource for business school courses on international business or business ethics and anyone interested in understanding these issues for their own professional growth Includes in-depth analysis of all major FCPA risk areas, including discussions of how FCPA issues arise in real-world business situations Covers all aspects of bribery and FCPA compliance issues to ensure that your business is not exposing itself to financial scandal or criminal prosecution
FCPA compliance is mandatory for nearly all international businesses operating in today's global economy. This book serves as the perfect training tool to mitigate your organization's risk to FCPA violations, which is one of the top enforcement priorities for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
In The Business of Sports Agents, Kenneth L. Shropshire and Timothy Davis, experts in the fields of sports business and law, examine the history of the sports agent business and the rules and laws developed to regulate the profession. They also consider recommendations for reform, including uniform laws that would apply to all agents, redefining amateurism in college sports, and stiffening requirements for licensing agents. This revised and expanded second edition brings the volume up-to-date on recent changes in the industry, including:
- the closing of one of the largest agencies
- high-profile personnel moves
- passage of the federal Sports Agent Responsibility and Trust Act
- the National Football League's aggressive and high-profile efforts to regulate agents
Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy.
The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Features:Addresses issues of enormous and growing importance that are not covered by other law school casebooks. Presents numerous cutting edge issues in a rapidly growing body of law and practice. Covers a subject matter that is a major employment opportunity for law school graduates. Professors who adopt this book participate in a new and burgeoning field of academic study and legal practice. Covers general issues as well as specific fields of compliance and risk management. Includes two sets of case studies--one on cases where compliance programs broke down (e.g., Enron, WorldComm, and JP Global), and one on cases where risk management broke down (e.g., UBS and the financial crisis, and JPMorgan Chase and the London whale). Features fewer cases and a higher ratio of author-written text and materials drawn from regulatory publications than in typical law school casebooks. Authored by a professor who is also an independent director of a financial institution.
Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
For more information visit: http://www.businesstransactionbooks.com
Every workplace has occasional problems with employees. This book is packed with the legal and practical information you need to handle those problems without getting into legal trouble. It provides proven techniques—and immediate solutions. Find out how to quickly and legally:
manage performance issues
investigate problems and complaints
help problem employees get back on track
fire employees if necessary
handle severances and references
avoid hiring problem employees in the future
This new edition of Dealing With Problem Employees is completely updated to reflect the latest employment laws in every state. It provides sample policies, forms and checklists to help you at every step.
Now fully revised and expanded: the bestselling desk reference for paralegals at any level. Each chapter has been completely updated to include the latest step-by-step instructions for every aspect of a paralegal's job, with new procedures, checklists, and resources throughout. Topics covered include:
? Paralegal ethics
? Training programs
? Court systems and court procedures
? Federal court practice and procedures
? Pretrial practice and procedure
? Legal research tools
? Electronic trial preparation procedures
In addition to the general resources that will be of value to every paralegal, this guide also includes detailed information on practice and procedures for working in specialty law firms.