QUARTERLY E-NEWSLETTER Volume 2   Summer 2002
 
"Growing With San Diego"

INSIDE THIS ISSUE
» Document Retention Policies: Learning from Enron and Arthur Andersen's Mistakes

» Terrorism: Is it Foreseeable?

» Coming To America - The Madrid Protocol

» Managed Earnings Bite Executives

» Higgs, Fletcher & Mack Renowned Tax Attorney is Who's Who for Both Industry and Community.

 

Welcome to our second edition of Higgs, Fletcher & Mack LLP's Quarterly e-Newsletter. This edition provides insight and information on matters that you or others might find useful. This e-Newsletter was created to help build our relationship with you. We encourage any comments or suggestions regarding how we can add value to it or any other services we provide.

In this particular issue, we provide possible documentation policies to help you and your company avoid unintended disclosures or destruction of documents in the manner of the "Enron scenario." We also discuss new developments in the area of landlord-tenant law regarding tenant safety obligations. Another article focuses on the responsibility of boards of directors to closely monitor corporate reporting practices. Finally, we have included an article that addresses the registration of trademarks in foreign countries. On a continuing theme, we introduce you to one of our most prominent partners. This time it is Professor Richard Shaw, one of our country's most renowned tax law specialists. We hope that you learn more about our firm members and their capabilities through these personal profiles.

Please do not hesitate to contact me through the Firm's website, www.higgslaw.com, or by phone at 619.236.1551, with any follow up questions or suggestions on how Higgs, Fletcher & Mack LLP can serve your needs.

Very truly yours,

John L. Morrell, Chairman
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Document Retention Policies:
Learning from Enron and Arthur Andersen's Mistakes
Corporate accounting and documentation scandals have recently come into the limelight as more companies follow Enron and WorldCom in the downward spiral of bookkeeping errors and documentation mistakes. Jason Maxwell addresses this issue and provides how-to advice to help businesses create and follow a document retention policy that might just keep them out of hot water should litigation arise.

News media coverage of the congressional hearings and investigations of Enron and Arthur Andersen's recent troubles have brought "document retention policies" into the limelight. These cases vividly illustrate the importance to businesses large and small of correctly designing and implementing document retention policies.

A document retention policy is simply a company's procedures for the preservation and non-preservation of information. This includes traditional records and documents, as well as documents or information stored in electronic or other formats, including e-mail. Retention policies address the life cycle of a business' documents from their creation, through storage and destruction.
Click here to read more...


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Terrorism: Is It Foreseeable?
What are the legal responsibilities of a landlord when it comes to providing security and safety for tenants? If you own a commercial or residential property and rent or lease portions of it, you will be interested in the following article by Anna Roppo that brings a new variable - terrorist attacks - into the equation.

In light of the events of September 11, 2001, property owners and landlords must consider whether they owe their tenants and patrons a duty to provide heightened security measures on their property.

In California, the general rule is that a property owner or landlord owes a duty to tenants and patrons to take reasonable steps to secure the premises against foreseeable criminal acts of third parties. There are two California Supreme Court cases worth revisiting on this issue. Click here to read more...


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Coming To America - The Madrid Protocol
Looking to grow your business globally? Do you know what is involved in securing legal protection of your ideas and trademarks across the world? Currently, it is a complicated process that includes attaining legal counsel, hiring translators, and filing documents in each country. In the following article, attorney Michael Hoisington describes a new process - the Madrid Protocol - which just might be the light at the end of the tunnel for businesses looking to expand across the globe in a much easier way.

Where can you file one trademark application in multiple countries, in English, in one office, with one fee, resulting in one registration to administer? Not in the United States. Not yet, anyway. But it will soon be possible, and businesses should get ready to take the opportunity to obtain foreign protection for their valuable trademarks. Now is the time for businesses to consider the benefits of filing for international trademark protection. While the Madrid Protocol sounds like a mysterious international spy thriller, it is simply an international trademark filing and registration system that is coming to America, making it easier for U.S. businesses to enter foreign markets.
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Managed Earnings Bite Executives
When audit committees and independent accounting organizations become involved in the earnings statements of a corporation, they rely on the company to provide up-to-date and correct information. In the following article, Franklin Lloyd outlines some of the rules and regulations that guide this process and offers suggestions on how to help audit committees do the job correctly.

In what was only the latest in a continuing crackdown on improperly aggressive accounting, on July 18, 2001, the Securities Exchange Committee announced it had obtained settlements from American Bank Note Corporation (ABN), one of its subsidiaries, one of its customers, and executives from all three. In an attempt to meet aggressive earnings goals, at the end of a quarter, ABN executives arranged to ship product that was unfinished. They then booked the sales as revenues - a classic "ship and hold" transaction. In response to audit inquiry letters, the customer, by pre-arrangement with ABN management, confirmed the finality of the sales. In fact, the product was shipped back to ABN to be completed and shipped again in a subsequent quarter. Click here to read more...

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Higgs, Fletcher & Mack Renowned Tax Attorney is Who's Who for Both Industry and Community.
Richard A. Shaw is always prepared. This nationally renowned business and tax law specialist learned this early as an Eagle Scout in the Boy Scouts of America.

"In the Boy Scouts, I learned the value of dedication and sense of responsibility necessary to become successful in life's endeavors, whether in business, personal, or community affairs," Shaw said. Click here to read more...


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