The American Bar Association (ABA) has interpreted Model Rule of Professional Conduct 1.5(e) (Model Rule) to confer vicarious liability on attorneys who receive referral fees. Although this interpretation has remained relatively untouched for twenty years, Texas recently amended its Disciplinary Rule of Professional Conduct 1.04(f) (Texas Rule) to further regulate attorney referral fees in Texas, deliberately stopping short of conferring joint financial liability on referring attorneys. Though the Model Rule characterizes the relationship between a referring attorney and a handling attorney as a partnership for purposes of vicarious liability, in reality the relationship is not a partnership. The simple existence of a contract arrangement between one attorney and another providing compe...
... Rule, Ralph could be held jointly and severally liable for Harriet's malpractice, even though he w... the Model Rule and discusses the ABA's definition of joint responsibility. Part III challenges the M...
... the district court's refusal to impose joint and several liability, finding that "the facts .. .... Clarifying the Definition of Arranger In addition to its ruling regarding ap...
...court's refusal to impose joint and several liability, finding. that "the facts .....Clarifying the Definition of Arranger. In addition to its ruling regarding a...
...S. C. §1692 et seq., imposes civil liability on “debt collector[s]” for certain prohibited ...The FDCPA contains several provisions expressly guarding against abusive laws... held in that case that the FDCPA’s definition of “debt collector” includes lawyers who regul...Amended Joint App. in No. 07–3964 (CA6), pp. 256–262. The ca...
Introduction II. Key Statutes III. Definitions A. Brownfields B. Environmental Justice C. Voluntary Cleanup Program IV. Background V. Analysis A. Funding B. Incentives C. States are ill equipped 1. Voluntary Cleanup Program Overview 2. Voluntary Cleanup Program Comparison D. Geographic Information System 1. Difficulties in Mapping Environmental Justice a. Validity of Environmental Justice b. Quantification of Environmental Justice 2. Methodology 3. Gis Analysis VI. Conclusion
... . Congress passed the Small Business Liability Relief and Brownfields Revitalization Act of 2001 ...8 . . . CERCLA liability has several defining elements in imposing this responsibility ...12 Finally, CERCLA imposes joint and several liability on any potentially responsib...
The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is requesting comment on a proposed rule that would implement Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'') which contains certain prohibitions and restrictions on the ability of a banking entity and nonbank financial company supervised by the Board of Governors of the Federal Reserve System (the ``Board'') to engage in proprietary trading and have certain interests in, or relationships with, a hedge fund or private equity fund (``CFTC Rule''). On November 7, 2011, the Office of the Comptroller of the Currency, Treasury (``OCC''); the Board; the Federal Deposit Insurance Corporation (``FDIC''); and the Securities and Exchange Commission (``SEC'') published a joint pr...
...1851(h)(1). The statutory definition includes any insured depository institution (other... implementation of its provisions occur in several stages. First, the Council was required to conduct... whether the position is (i) an asset or liability or (ii) is acquired through acquisition or sale of...
... cases concerning race in the last several decades. I term "race conservatives" the Justices ... balkanization identify a ground of liability distinct from the City's effort to avoid promotion... question, it cannot be by appeal to a definition of a racial classification enunciated by the Supre... specified, these facts are drawn from the joint appendix filed with the Supreme Court in Ricci, se...
Corporate law theory and practice considers shareholder relations with companies and the implications of ownership separated from control. Yet through the Troubled Asset Relief Program (TARP) bailout and the government's resultant shareholding, ownership and control at many companies have merged, leaving corporate theory and practice for the financial and automotive sectors in chaos. The government's $700 billion bailout is a unique historical event; not merely because of its size, but also because of a resulting ripple through corporate scholarship and practice. This article builds on the author's five testimonies before Congress during the financial crisis and implementation of the TARP bailout and his consultation for the Special Inspector General for TARP. After considering corporat...
...-suspenders approach protecting it from liability in this arena, including the liability waivers of ... for the Securities Act's nebulous definition of shareholder control as "the possession, direct ... under the securities laws is exposure to joint and several liability with offending issuers for v...
... on a number of occasions in the last several years. Finally, look (inaudible) SEC union activit... performance, asset valuation, pension liability analysis, or any number of there areas, we are mor... to exempt offerings, revisions to the definition of a credited investor and disqualification of off... 6, 2010, following which we published two joint reports with the staff of the CF2C and lead the de...
As a step toward improving and converging the existing lease-accounting standards, the Financial Accounting Standards Board and the International Accounting Standards Board recently issued a discussion paper titled "Leases: Preliminary Views" in which the Boards jointly propose several elements of a new model for lease accounting. This month's column will explain the key elements of the Boards' proposal and the potential impact of those elements on entities that must account for leases. The key elements of the Boards' proposal are: 1. the elimination of the finance/operating lease distinction, and 2. a requirement to represent all leases on the lessee's balance sheet through a combination of an asset and a liability. Specifically, they have concluded that a lessee's right to use leased ...
... right to use leased property meets the definition of an asset, much as other rights that are commonl...
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