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In the Marketplace
Ohio appellate court upholds the enforceability of the floating forum selection clause in NorVergence litigation: The Ohio Ninth District Court of Appeals has held that the floating forum selection in a NorVergence case where all of the lessees are for-profit corporations is enforceable. Preferred Capital, Inc. v. Power Engineering Group, Inc., 2005-Ohio-5113 (Sept. 28).
The court rejected all of the lessees' arguments with respect to the validity of the contract's forum selection clause, noting that one of the objectives of the UCC is to encourage, as a matter of sound economic policy, the free transferability of commercial paper to stimulate financial interdependence. The court remanded this state court matter and the other related consolidated cases to the trial court.
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.