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Uniform Fraudulent Transfer Act Claims in Florida Need Not Be Stayed Until Judgment
In a Sept. 25, 2003, opinion, the Florida Supreme Court held that a claim under the Florida Uniform Fraudulent Transfer Act (FUFTA) does not need to be stayed until a judgment is obtained against the alleged fraudulent transferor. Friedman v. Heart Institute of Port St. Lucie, Inc., 2003 WL 22208004 (Fla. 2003).
Friedman was terminated as a physician by the Heart Institute of Port St. Lucie, Inc. (the “Heart Institute”). Subsequently, the Heart Institute commenced an action to enforce a noncompete clause in Friedman's contract with the Heart Institute. The Heart Institute later amended its complaint to include a claim under the FUFTA alleging that Friedman fraudulently transferred the proceeds from the sale of his home to his fiancee in an effort to divest himself of assets. Friedman moved to stay the FUFTA claim and its concomitant discovery until after a judgment was obtained in the underlying breach of contract claim.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.