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The Bankruptcy Hotline
Third Circuit Eases Trustee's Pleading Requirements for Breach of Fiduciary Duty Suits
The Third Circuit has issued a ruling that will make it significantly easier for bankruptcy trustees to file suit against corporate directors and officers for alleged breaches of their fiduciary duties by holding that the district court erred by applying Delaware's stricter Chancery Rule 8 pleading standard instead of the more lenient federal “notice pleading” standard. Stanziale v. Nachtomi (In re Tower Air, Inc.), 04-3633 (August 3).
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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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.