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First Decision to Directly Address the Right to Enforce
On Sept. 27, 2005, the United States District Court for the Eastern District of Pennsylvania was the first federal court to address whether private plaintiffs have the right to sue under Section 304 of the Sarbanes-Oxley Act of 2002 (SOX). U.S. District Judge Stewart Dalzell concluded that Section 304 “does not provide a private right of action for shareholders to file a derivative suit.” Neer v. Pelino, No. 04-4791, 2005 WL 2434685 (E.D. Pa. Sept. 27, 2005). Accordingly, only the Securities and Exchange Commission (SEC) may bring an action to enforce Section 304.
Section 304 of SOX
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.