Lawyers-the “new cops on the beat?”

In a 218 to 201 vote, the ABA's policy-making body amended its ethics code to allow, but not require, lawyers to breach attorney-client privilege if they believe doing so would stop a client from committing a financial crime or fraud….

In a 218 to 201 vote, the ABA’s policy-making body amended its ethics code to allow, but not require, lawyers to breach attorney-client privilege if they believe doing so would stop a client from committing a financial crime or fraud. Reuters reports via Yahoo! News.com: “ABA Allows Lawyers to Act as Whistle-Blowers.”

The Dow Jones Newswire via the Wall Street Journal also reports in this article–“ABA Approves Corporate Whistleblowing Rule For Attorneys” and this article–“US Lawyers Given More Freedom To Report Corporate Fraud” (Subscription required.)

The Christian Science Monitor provides this op-ed in favor of the new rules: “Client Confidentiality.” The article supplies the following information:

The new rules simply keep up with the times, and it is hoped, give attorneys a little more room to blow a whistle when needed, without compromising conscience. Thirty-eight states already allow attorneys to take such action; four states require it. Eight others, plus the District of Columbia, have laws prohibiting lawyers from revealing client confidences, except to prevent death or bodily harm.

David Giacalone has provided some very prolific coverage of the news as well as Denise Howell.

So much has been happening this summer in this whole area of attorney-client privilege. I am thinking of the news this summer of the IRS requiring a certain law firm to turn over names of clients who had invested in certain tax shelters. (See the New York Times article–“Lawyers warily watching a U.S. demand for client lists.”) I am also thinking of the SEC rules that took effect last week requiring lawyers to report “up the ladder” to top executives or the board of a public company that is a client if they find “evidence of a material violation” of securities laws which Corp Law Blog reported on here.

Lawyers-the “new cops on the beat?”

In a 218 to 201 vote, the ABA's policy-making body amended its ethics code to allow, but not require, lawyers to breach attorney-client privilege if they believe doing so would stop a client from committing a financial crime or fraud….

In a 218 to 201 vote, the ABA’s policy-making body amended its ethics code to allow, but not require, lawyers to breach attorney-client privilege if they believe doing so would stop a client from committing a financial crime or fraud. Reuters reports via Yahoo! News.com: “ABA Allows Lawyers to Act as Whistle-Blowers.”

The Dow Jones Newswire via the Wall Street Journal also reports in this article–“ABA Approves Corporate Whistleblowing Rule For Attorneys” and this article–“US Lawyers Given More Freedom To Report Corporate Fraud” (Subscription required.)

The Christian Science Monitor provides this op-ed in favor of the new rules: “Client Confidentiality.” The article supplies the following information:

The new rules simply keep up with the times, and it is hoped, give attorneys a little more room to blow a whistle when needed, without compromising conscience. Thirty-eight states already allow attorneys to take such action; four states require it. Eight others, plus the District of Columbia, have laws prohibiting lawyers from revealing client confidences, except to prevent death or bodily harm.

David Giacalone has provided some very prolific coverage of the news as well as Denise Howell.

So much has been happening this summer in this whole area of attorney-client privilege. I am thinking of the news this summer of the IRS requiring a certain law firm to turn over names of clients who had invested in certain tax shelters. (See the New York Times article–“Lawyers warily watching a U.S. demand for client lists.”) I am also thinking of the SEC rules that took effect last week requiring lawyers to report “up the ladder” to top executives or the board of a public company that is a client if they find “evidence of a material violation” of securities laws which Corp Law Blog reported on here.

Today’s News

Today's Federal Register. The Wall Street Journal is reporting today that "Pressured by Union, Delta Cancels Payment to Special Pension Plan." Apparently, Delta is ending contributions to its nonqualified pension trust for 35 executives in an effort to win wage…

Today’s Federal Register.

The Wall Street Journal is reporting today that “Pressured by Union, Delta Cancels Payment to Special Pension Plan.” Apparently, Delta is ending contributions to its nonqualified pension trust for 35 executives in an effort to win wage concessions from pilots. The article reports that Leo Mullin, CEO for Delta, told employees in a letter to them that the compensation cutbacks are intended to represent “significant contributions by Delta’s management team to our recovery effort.”

David Goldman writes this fascinating commentary for the Wall Street Journal: “Closed Economy’? The World Is a Closed Economy!” The article takes issue with the “closed economy model” and makes this interesting statement:

The world market sets American asset prices. Over $500 billion of global capital finds its way to this country each year, more than 5% of U.S. GDP. Aging Europeans and Japanese fund their pensions with higher-returning U.S. assets.

He also states that “[w]hen America sneezes, the world catches cold, but when Japan’s capital markets turn deathly ill, American markets hiccough.”

The fast-spreading MSBlast Worm is apparently reeking havoc: “Flaw in Windows worm tips off defenders.” C/net news.com reports.

HIPPA hindering journalists? I can’t access the article, but would like to. Larry Abramson for NPR reports.

USA Today also reports: “CEOs still sitting on piles of pay.”

How Am I doing?

Tracking software for this website indicates there have been 20, 387 visits (120,442 hits) to this blawg since inception only 3 months ago. Thanks to all of the blawgers, benefits and ERISA readers, journalists, long-lost friends and others who have…

Tracking software for this website indicates there have been 20, 387 visits (120,442 hits) to this blawg since inception only 3 months ago. Thanks to all of the blawgers, benefits and ERISA readers, journalists, long-lost friends and others who have sent emails telling me how much they enjoy this blawg. If you have not emailed me and are a regular reader, please consider doing so. You can click here to email me your comments. And while you are at it, please tell me what you like here and what you don’t. If you are having trouble with accessing links anywhere or any other technical problems with the site, please let me know as well. I am looking into some site design changes and would appreciate knowing.

And if you think I should give this up as one visitor does, please feel free to tell me that too. You know, I could talk about what I had for lunch today (along the lines of this blog), but I just did not think that was why readers have been coming. But if you would like to hear about my faith in God (how at one time I proclaimed myself to be an atheist but now am a born-again Christian), or my love for music (I was a music major before going to law school, and how I now enjoy writing Christian music), my political views, or stories like this–how our family got so busy one week going every which way that families with teenagers do, that our dog somehow escaped from the house without anyone knowing it until the next day, but how we then found her at the SPCA and how the family felt sooooo guilty for not realizing she had run off–I would be glad to talk about stuff like that. Please just let me know.

Marketing Idea for Lawyers

Thanks to Carolyn Elefante for this interesting article on how key word advertizing helped to generate $1.6 million in new revenue since September for Crime Attorneys, a Los Angeles law office with practices nationwide: "Keyword Ads Net Clients for Law…

Thanks to Carolyn Elefante for this interesting article on how key word advertizing helped to generate $1.6 million in new revenue since September for Crime Attorneys, a Los Angeles law office with practices nationwide: “Keyword Ads Net Clients for Law Office.”

News Headlines

Today's Federal Register. "Flow from pension funds likely to slow: As retirement plans controlled by employers decline, venture capital cash expected to wane": Arden Dale for the Dow Jones Newswire via the Austin-American Statesman.com reports. The article discusses how, as…

Today’s Federal Register.

Flow from pension funds likely to slow: As retirement plans controlled by employers decline, venture capital cash expected to wane“: Arden Dale for the Dow Jones Newswire via the Austin-American Statesman.com reports. The article discusses how, as employers shift from defined benefit plans to defined contribution plans to cut costs, venture capitalists might lose out since defined benefit pension funds are a major investor in venture capital. The article discusses how 401(k) plans are really not suited for such investments.

In a related article–“Tensions Escalate Between Venture Funds, Institutions“–the Wall Street Journal reports that “[t]ensions between generally close-mouthed venture funds and the public institutions and pension plans that often invest in them are heating up, as disgruntled investors, local newspapers and other interested individuals use state open-records laws to get more information about investment performance at the venture funds.” (Subscription required.)

On pension funding, Albert Crenshaw has this article for the Boston Globe entitled “Strained pension agency casts doubt on its future.”

This article by Gregory Cancelada for the St. Louis Post Dispatch–“National Steel’s retirees say goodbye to benefits”–shows how the Health Coverage Tax Credit (“HCTC”) is helping those retirees of National Steel who have lost their retiree health benefits due to the company’s bankruptcy proceedings. The HCTC pays 65 percent of the premium for a qualified health-insurance plan for eligible retirees at least age 55, whose pension was taken over by the Pension Benefit Guaranty Corp.

Brian Tumulty for the Gannett News Service via the Cincinatti Enquirer reports: “IBM plaintiff asks for calm: Pension ruling’s impact may be big.”

Sonja Ryst for the Dow Jones Newswires via the Wall Street Journal today in their Encore report has this useful article: “A Guide to Fixing Your 401(k): If you’re like most people, you haven’t tuned up your nest egg in a long time. Here are the tools to get started.” How are people dealing with their 401(k) plan accounts after the long bear market?.” The article says 401(k) plan investors are not doing much when it comes to their 401(k) plan investments and that they are leaning too heavily on the message heard from experts about staying the course and investing for the long haul. The article provides useful information for choosing a financial planner and recommends some websites for obtaining the following information:

  • the Financial Planning Association (www.fpanet.org): provides an overview of the different types of planners and questions you may want to ask them, such as how you’re paying for their services and whether they earn commissions.
  • The Certified Financial Planner Board of Standards Inc. (www.cfp.net): provides information regarding whether a financial planner has passed an exam on financial planning and met other qualifications required for certification.
  • National Association of Securities Dealers, or NASD (www.nasd.com): verifies an adviser’s employment history and registration and provides other information, such as whether the adviser has been convicted of a felony.
  • National Association of Personal Financial Advisors (www.napfa.org) provides information about fee-only financial planners.

Finally, MSNBC.com provides this interesting article by Karen Lowry Miller for Newsweek: “Too Much Money: Sounds impossible, but it?s true. In a decade, the world has gone from money crunch to glut, and investors are desperate for ways to spend it all.” The article highlights how “pension managers are under pressure to return 7 to 10 percent, and with U.S. Treasury bonds paying less than 5 percent, they have no choice but to pursue” higher risk investments.

More on the IBM and Xerox Cash Balance Plan Cases

Proskauer Rose has posted on their website a very useful review and analysis of the IBM and Xerox cash balance plan cases handed down last week: "Cash Balance Plans: The Debate Continues." Seyfarth Shaw has posted these helpful items as…

Proskauer Rose has posted on their website a very useful review and analysis of the IBM and Xerox cash balance plan cases handed down last week: “Cash Balance Plans: The Debate Continues.

Seyfarth Shaw has posted these helpful items as well:

More on the IBM and Xerox Cash Balance Plan Cases

Proskauer Rose has posted on their website a very useful review and analysis of the IBM and Xerox cash balance plan cases handed down last week: "Cash Balance Plans: The Debate Continues." Seyfarth Shaw has posted these helpful items as…

Proskauer Rose has posted on their website a very useful review and analysis of the IBM and Xerox cash balance plan cases handed down last week: “Cash Balance Plans: The Debate Continues.

Seyfarth Shaw has posted these helpful items as well:

News today

Today's Federal Register. Albert B. Crenshaw for the Washington Post has this op-ed: "Deficit Strains Pension Agency: Guaranteed Benefits in No Danger Now, but Long-Term Worry Grows." The Wall Street Journal reports today: "Delta's Retention Program Fails To Stop Some…

Today’s Federal Register.

Albert B. Crenshaw for the Washington Post has this op-ed: “Deficit Strains Pension Agency: Guaranteed Benefits in No Danger Now, but Long-Term Worry Grows.”

The Wall Street Journal reports today: “Delta’s Retention Program Fails To Stop Some Executive Departures.”

Marc Humbert for the Associated Press via the San Francisco Examiner writes this very interesting piece which reports on how much different state pension funds lost due to Worldcom investments alone: “Pensions reel under WorldCom’s loss.”

Voting Drill on Stock Options“: Alan Reynolds for the Cato Institute reports.

Dark clouds on corporate profits don’t stop deluge of bonuses for top executives: Patrick Dunner for the Miami Herald reports.