Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Bankruptcy Hotline
Certiorari Denied in Kmart Case
The Supreme Court has declined to consider the much debated critical vendor issue, letting stand a Seventh Circuit ruling that Kmart had no authority to pay certain suppliers that it had not proved were critical to the retailer's operations. The Court's denial of certiorari in the Kmart case leaves the lower courts split as to whether Chapter 11 debtors can immediately pay in full the pre-petition claims of critical vendors. The Seventh Circuit cases at issue here are Irving Pulp & Paper v. Capital Factors, 04-181, Knight-Ridder v. Capital Factors, 03-1581, and Handleman Co. v. Capital Factors et al, 03-1583.
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.