Author's posts
In early September 2011, a trial court ordered a new trial involving a jury verdict in which Oracle obtained a $1.3 billion verdict from SAP. By all accounts, Oracle’s verdict is (or actually, was) the largest ever awarded for copyright infringement. The Court summarized copyright damages law as follows: The Copyright Act allows recovery of …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/10/practical-lessons-from-the-oracle-vs-sap-damages-case/
On October 9, 2011, Governor Brown signed into law Senate Bill 459 regarding independent contractors. The law significantly increases the risks and penalties for misclassifying workers as independent contractors by imposing significant penalties on employers found to have engaged in a misclassification, as well as on non-lawyer advisors (like accountants) who advise an employer to …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/10/california-passes-tough-independent-contractor-law/
Many small businesses attempt to save taxes and employee benefit costs by classifying their workers as independent contractors. When business owners classify workers as independent contractors they do not pay the employer’s share of Social Security and Medicare costs, state employer taxes, state unemployment insurance taxes, and workers’ compensation insurance premiums. Independent contractors also do …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/10/irs-amnesty-regarding-independent-contractors-deserves-analysis/
The Financial Accounting Standards Board (FASB) issued Accounting Standards Update 2011-08, entitled “Testing Goodwill for Impairment”. This amends guidance in Generally Accepted Accounting Principles (GAAP) Topic 350 involving goodwill and other intangible assets. Because early adoption is allowed, and the new guidance simplifies significantly the current procedures, expect the new guidance to be widely implemented …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/09/goodwill-impairment-tests-become-easier/
Accounting and consulting firm BDO USA, LLP conducted an August 2011 annual national telephone survey entitled “The 2011 BDO Board Survey”. Interviewers spoke directly to 101 board members for public companies with revenues ranging from $250 million to $750 million. Although the survey covered other corporate governance matters, this post involves required whistleblower reporting systems. …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/09/surprising-survey-covering-sec-whistleblower-program/
Solyndra was a manufacture of solar cells based in Freemont California. In August & September 2011, Solyndra ceased all business activity, filed for Chapter 11 bankruptcy, and laid off all employees. The federal government is Solyndra’s largest creditor, having made the company a $535 million loan guarantee. The interesting thing about this loan is not …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/09/535-million-u-s-loan-to-solyndra-was-predicted-to-be-a-failure/
PricewaterhouseCoopers (PwC) issued a study of what has occurred with financial (usually damages) experts since the 1999 Supreme Court decision in Kumho Tire Co. vs. Carmichael clarified that the Daubert criteria for challenges to expert witnesses extended to non-scientific experts. The reliability of underlying data is the most frequent reason why testimony is excluded. This …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/07/daubert-kumho-expert-challenges-increase-moving-away-from-their-original-purposes/
Although the case at issue involves insider trading, the limitations involving disgorgement as a monetary remedy could be applied to many other circumstances. The Delaware Supreme Court took little time in reversing a lower court decision that could have had widespread effects. Thus, Delaware law on this point returns to a classic election of remedies …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/07/disgorgement-returned-as-a-monetary-remedy-in-delaware-cases/
Yesterday, we initiated a new poll regarding the topic that is dominating current financial news. However, while the poll does address the question of tax increases vs. spending cuts, any poll limited to a single question on this difficult subject cannot address the full issue. The real issue is the deficit. Borrowing is only required …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/07/most-debt-limit-debate-ignores-the-real-issues/
Nortel’s patent portfolio was recently auctioned. The final cash price is a surprisingly high $4.5 billion for around 6000 patents and patent applications. The auction process and participants are described in this article. Nortel described the package as: … more than 6,000 patents and patent applications [covering] wireless, wireless 4G, data networking, optical, voice, Internet, …
Continue reading
Permanent link to this article: https://betweenthenumbers.net/2011/07/nortel-bankruptcy-patent-auction-is-biggest-technology-patent-sale-ever/
Jul 20
Most Debt-Limit Debate Ignores the Real Issues
July 20, 2011
Yesterday, we initiated a new poll regarding the topic that is dominating current financial news. However, while the poll does address the question of tax increases vs. spending cuts, any poll limited to a single question on this difficult subject cannot address the full issue. The real issue is the deficit. Borrowing is only required …
Continue reading