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In the Marketplace
The Equipment Leasing Association has announced that the organization has officially changed its name to the Equipment Leasing and Finance Association ('ELFA'), reflecting the sector's evolution to offering multiple types of commercial finance products. Addressing association membership at its annual convention, ELFA Chairman Paul A. Larkins said, 'our industry has grown and evolved, and our members' business complexions have undergone seismic change. This backdrop facilitates a new name that is reflective of what our members do in their businesses. It speaks to our present and to our future.' ELFA members provide various types of financing for all types of equipment to U.S. and international companies, governments, and nonprofit organizations, from rail cars and aircraft to medical equipment and IT. The association represents more than 750 banks, financial services companies, captive finance companies, and affiliated service providers including lawyers, investment bankers, and consultants.
Additionally the ELFA announced that the association had adopted new Principles of Fair Business Practices, underscoring the membership's belief that leaders in the equipment finance industry should promote the highest ethical and professional standards to ensure continued growth. The Fair Business Practices and the related Code of Fair Business Practices, which was adopted earlier this year, are available at www.elaonline.com/aboutELA/elacode.cfm.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.