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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations' stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption.
The financial expert's guide to best practices for litigation services Litigation Services Handbook is the litigation "bible" for accountants, economists, and other financial experts. Newly updated to reflect recent rulings and changes in law and procedure, this uniquely useful guide covers all aspects of litigation services, with a focus on investigation throughout. Each chapter is written by an expert in the field, and draws upon their institutional knowledge, experience, and techniques to give you a concrete framework for trial preparation, testimony presentation, deposition, fraud investigation, and more. A wealth of cases illustrates how to prove damages, and gives you real-world insight into the entire litigation process from a financial expert's perspective. The discussion includes Sarbanes-Oxley implementation, new technological tools, and the practical consideration of court appearances. The need for financial experts to act as witness and consultant to litigating attorneys is growing faster than litigation itself, and it's important for practitioners offering their services to have a firm grasp of the necessary procedures and expectations surrounding effective financial litigation consultation. This guide provides the most up-to-date case law and best practices financial experts need to know. Understand the accountant's role in litigation Conduct a thorough investigation that proves damages Present your testimony accurately, thoroughly, and eloquently Maintain authority under direct and cross examination Twenty years ago, few certified public accountants or economists offered litigation-related services; now, a large number devote their practice to this area. As the practice evolves, so do the procedures, tools, and methods. Comprehensive and up-to-date, Litigation Services Handbook is the indispensable reference that every practitioner needs to succeed in offering litigation support services.
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
The Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured’s pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.
This new edition of Shareholders' Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders' agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law.
This new edition is the most comprehensive analysis of surplus lines available. A project of the Excess, Surplus Lines and Reinsurance Committee, it is a concise, single-volume reference that covers state surplus line statutes, amendments to those statutes, and regulations promulgated in connection with those statutes.