And here's a partial list of the "good guys" in business ethics

See here.

You heard it here (and in a lot of other places) first....

But the economy, coupled with the structure of law firms and their reliance on billable hours, is creating an environment in which a lot of formerly strong firms may well collapse. See here.

Dear government of the State of Nevada: some thoughts

I know that you're struggling right now with a horrifyingly bad economy, and you're trying to minimize the pain to Nevada's citizens. I don't envy you your choices, because you're at the point where you're deciding between choices that are devastating and those that are merely awful.

It's a bit self-serving of me personally to point out that the 6% pay cut and similar suggestions are penalizing one sector of your economy much more than the rest, especially given the trade-offs in job satisfaction that I get from working at UNLV. But I'm relatively well-compensated, compared to many of my colleague workers here. As an example, here's a recent letter written by one of my co-workers:

Honorable Legislators,

I have great concern for the proposed increases in health care cost, removal of health care for State Workers after retirement, and the proposed 6 percent pay cut for State Workers. I manage a crew of 50 grounds personnel, all of whom do not have computer access. So I am writing not only on my behalf but theirs. Some of these employees' entry wages start out at around $11.92 per hour. We have already removed their merit increases and these further cuts would be devastating to their income, child care, and health. I have served my country in the United States Marine Corps, and have served the State of Nevada for the last 24 years. On behalf of myself and those whom work along side of me, working for the State, we request that you and the State Representatives do not allow these cuts to occur; please vote against them.

I have lived in Nevada for 47 years and watched the population expand; there has to be other ways to increase revenues, business taxes for example, to raise the revenue
needed other than placing the burden on those who have served and dedicated
their life for the State of Nevada.

Sincerely yours,
Robert Lynn
Facilities Manager
UNLV Landscape and Grounds (letter edited slightly)

I've made a similar point before (see here). It's time for Nevada to consider a much more broad-based economy. We need to look more like, say, Texas (many different sectors of the economy) than like Michigan (which is teetering on the brink of failure because so much of its economy relates to the automotive industry). Texas is hurting, but Michigan may be dying.

(Actually, in one sense, I'd like to see us look a lot more like Texas or Michigan--at least in terms of support for such public goods as education and health care. That would make us a far more attractive place to recruit new types of businesses. People want to see their children well-educated and their families well cared for and safe. A slash-and-burn approach to our budget woes is the exact opposite of what we need in order to attract new businesses here. With low taxes that cannot support even the basic needs of its citizens, Nevada "gets what it pays for"--not very much.)

After I left the world of private practice to take a job in higher education, a very wise person told me that people believe in ideas that save lives or change lives. Health care saves lives; education and research changes lives. It's time to ask everyone in Nevada--not just its state employees--to invest in saving and changing lives.

And today's thought on the bailout....

Hat tip to my buddy Ed Fein for passing this one along (see here).

Why it's important to proofread, part 2

Why one should proofread before sending a document out, part 2 (see here). (For part 1, see this post.)

Why it's important to proofread, part 1

See here. Hat tip to Seymour Serebnick, my buddy who sends me all sorts of cool stuff. For a lovely take on why this mistake would count as a CLM (career-limiting move), see here.

Thanks, AMEC!

I had a wonderful time at the 4th Annual Counsel of the Year awards last Friday. For information about this year's awards, see here. For pictures, see here. (Yes, that's my dance teacher, Sergei Shapoval, with me in one of the photos. I brought a real-live artist with me, as my hubby Jeff was giving firearms instruction to my cousin visiting from NYC that weekend. That would be my learning-film-editing cousin, Josh Kahn.) A special shout-out to Arnold Peter, the center of all things in my life that are media and entertainment law related.

Newsflash: Skilling loses most of his appeal but will get resentenced

See the story here. The Westlaw cite for the opinion is 2009 WL 22879.

A shameless plug for the Seventh Annual DePaul Business & Commercial Law Journal Symposium

Seventh Annual DePaul Business & Commercial Law Journal Symposium--Into the Sunset: Bankruptcy as Scriptwriter of the Dénouement of Financial Distress

Thursday, April 16, 2009, 10:30 a.m. – 5:00 p.m., Westin Michigan Avenue, 909 North Michigan Avenue, Chicago, Illinois

For Better or Worse: Chapter 11 in the Post-BAPCPA Downturn

BAPCPA, the 2005 Bankruptcy Code overhaul, brought some significant changes to corporate reorganization, leading some to dub Chapter 11 as the "National Foreclosure Act." This panel will examine the myths and realities behind this description by focusing on the more sweeping BAPCPA amendments: time restrictions on assumption or rejection of commercial leases, the limited plan exclusivity period, 20-day administrative expense claims and the attempted reigning in of executive compensation.

A Fistful of Dollars: Hedge Funds, Private Equity and Bankruptcy

The presence of hedge funds and private equity in bankruptcy has become more prevalent in recent years, altering, sometimes dramatically, the outcome of troubled companies' reorganization efforts. In addition to exploring the impact of these non-traditional bankruptcy players, our experts will also discuss the latest twist—what happens when these entities themselves are threatened with insolvency.

The Importance of Being Earnest: Bankruptcy's Disclosure Rules

Bankruptcy is a transparent process and the transparency begins with the disclosure requirements of Bankruptcy Rules 2014, 2016 and 2019. These rules require that certain professionals working in the bankruptcy system disclose their connections with a variety of entities, including their past or present engagements, their fee arrangements with their client in the case, the identity of clients if more than one is represented and more. This panel will discuss pertinent provisions of these important bankruptcy rules, highlighting what must be disclosed and the sometimes dire consequences that follow a failure to comply.

Tickets are $85.00 on or before March 16, 2009 and $100.00 after that date. Price includes luncheon and written materials. Judges and students are free. CLE credit offered. For more information, contact Megan Bosau or Chalet Braziel at (312) 362-6178 or depaul.bclj@gmail.com.

Texas Bowl--a picture is worth 1,000 words

Rice 38, Western Michigan 14

Can someone please help me find a link to this really funny Cinemax promo?

I just saw a "happy holidays" promo on Cinemax that was a spoof of former Soviet propaganda about the West, but I can't find a link to it anywhere. If you know of the link, can you please let me know? Thanks!

Shameless self-promotion

Our second edition of the Corporate Scandals book is coming out next month, thanks to the hard work of Foundation Press: see here.

Fun at the Holiday Dance Classic 2008

See here, here, and here. Thanks, SuperShag!

A shout-out to the Association of Media and Entertainment Counsel (AMEC)

AMEC (here) is the Association of Media and Entertainment Counsel, which was created to advance the professional development and to recognize the achievements of in-house legal counsel within the media and entertainment industry. It's a marvelous organization for networking and education, and I'm looking forward to attending the 2008 Counsel of the Year Awards out in LA this coming January. Here is the list of nominees (and, yes, I really am tickled to death that I'm among 'em):

COUNSEL OF THE YEAR

David C. Friedman
Executive Vice President & General Counsel
Summit Entertainment

Andrea R. Hartman,
Executive Vice President and Deputy General Counsel
NBC Universal, Inc.

Claudia Teran
Senior Vice President
Fox Cable Networks

PWC DAN BRANDHORST MEMORIAL DEALMAKER

Neil Klasky
Vice President
Fox Networks Group

Kristin McQueen
Senior Vice President, Worldwide Business and Legal Affairs
Walt Disney Studios Home Entertainment

Frank H. Smith
Senior Vice President Business & Legal Affairs
AFG / Walden Media

RISING STAR

Relani Belous
Vice President, Business & Legal Affairs WW Television Distribution
MGM

Jeff Friedman
Vice President, Business & Legal Affairs
Reveille

Caroline Jasmine Vranca
Executive Director, Business & Legal Affairs
Yari Film Group, LLC


SPORTS COUNSEL

David Cohen
Executive Vice President & General Counsel
Sterling Mets, L.P. (New York Mets)

Ethan Orlinsky
Senior Vice President & General Counsel
Major League Baseball Properties

Bobby Sharma
Vice President & General Counsel, NBA Development League
National Basketball Association

TECHNOLOGY, NEW MEDIA AND VIDEO GAMES

Linda Bagley
Managing Vice President and Counsel
The Walt Disney Company

Elizabeth Matthews
Executive Vice President & Deputy General Counsel
MTV Networks

Clarissa Weirick
Senior Vice President and General Counsel
Warner Bros. Digital Distribution

LABOR, EMPLOYMENT AND PERSONAL REPRESENTATIVE

Sheldon Kasdan
Vice President and Senior Labor Counsel
NBC Universal

Robert D. Manfred, Jr.
Executive Vice President
Major League Baseball

Stuart Tenzer
Senior Vice President
William Morris Agency

HOSPITALITY/LOCATION-BASED ENTERTAINMENT

Danielle Bernthal
Assistant General Counsel, Six Flags, Inc.

Scott McLester
Executive Vice President & General Counsel
Wyndham Worldwide Corporation

PUBLIC SERVICE

Nancy B. Rapoport
Gordon & Silver, Ltd. Professor, William S. Boyd School of Law, University of Nevada, Las Vegas

David Sherwyn
Associate Professor of Law, Cornell School of Hotel Administration & Academic Director, Center for Hospitality Research, Cornell University

EXCELLENCE IN BRANDED ENTERTAINMENT

David Matlin
Vice President, Legal Affairs
Home & Garden Television (HGTV)

David B. Stern
EVP, General Counsel & Head of Business Affairs
Key Brand Entertainment, Inc. (dba Broadway Across America)

OUTSTANDING MEDIA AND ENTERTAINMENT LAW FIRM

Gibson, Dunn & Crutcher LLP
Katten Muchin Rosenman LLP
Loeb & Loeb LLP

Thanks, AMEC! It's an honor to be included in this list!

OK, Chantix spammers--you asked for it.

Links to some of the stories about how dangerous Chantix is alleged to be: See here and here, for example.

Click here for some info on the FDA warning about Chantix.

So, Chantix spammers, do you still want to keep making me remove your comments on my blog, or will you cut it out?

Dear Chantix and all other annoying spam commenters

CUT IT OUT. I don't want you posting your ads on my blog. Had I wanted ads, I would've put them on my blog. I don't want advertising in general, and I don't want YOUR advertising in particular.

A timely (end of semester) story . . . .

From the ABA Journal (here).

I like BOTH Pete Wentzes (Petes Wentz?)

Here's a recent post from Pete Wentz (here), of Fall Out Boy -- and son of Pete Wentz of Apco Worldwide (here). I'm really impressed with Pete Wentz (the dad)'s abilities in terms of strategic planning, and I really love the music of Pete Wentz (the son) and Fall Out Boy. Check both of them out....

Thomas Sowell's op-ed about the gay marriage bans

After reading Thomas Sowell's op-ed about the recent election and the success of such measures as Proposition 8 in California (see here for his op-ed), I thought for a while about why I disagreed with him on this issue (see here).

For one thing, marriage can't just be about protecting the ability of a man and a woman to have children. My marriage doesn't include children, so either my husband and I don't deserve to have the protections afforded to married people, or something else must be going on in the institution of marriage to justify protecting people like us (childless by choice) as well as protecting people who want to have children, but can't. I suppose that one could argue that we could always decide to have children, so marriage is there to protect our "children potential" or that we could adopt children--but then, unless a state chooses to ban adoption by lesbians and gay men, the "children potential" of gay marriages is just as possible as our own "children potential" in my marriage.

The other argument--that banning gay marriage is different from banning inter-racial marriage--rests on the assumption, I think, that being a member of a particular race is immutable but that being gay or lesbian (or transgendered) isn't immutable. That argument doesn't work for me, either, based on what I've read about being homosexual and based on my own experiences with my lesbian and gay friends. The whole "where do you draw the line" argument--that allowing gay marriage will lead inexorably to allowing, say, person-canine marriage (yep, I've heard that one) ignores the fact that states limit man-woman marriages on line-drawing reasons all the time. For example, there are limits on marrying under-age opposite-sex people.

My hope is that, in a few short years, this debate will go the way of the debate on inter-racial marriage. In the meantime, though, a whole lot of people whom I love are going through some serious hurt as they listen to some of the rhetoric being lobbed their way. Their hurt is my hurt, too.

Why I love the Financial Times, part 2:

A great article about Pete Wentz, of Fall Out Boy (here).