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In the Courts
Successful Prosecution of FCPA Bribery Does Not Require Showing of Knowledge of FCPA's Specific Prohibitions
In United States v. Kay, No. 05-20604, 2007 WL 3088140 (5th Cir. Oct. 24, 2007), the Fifth Circuit held that the anti-bribery provisions of the Foreign Corrupt Practices Act ('FCPA') do not require proof that a defendant acted with knowledge of the FCPA's specific prohibitions. As charged in the indictment, the government had to prove in part that the defendants acted 'willfully' and 'corruptly.' 15 U.S.C. ' 78ff(c)(2)(A). The district court told the jury that 'corruptly' was an element of the offense and meant acting intentionally 'with a bad purpose or evil motive of accomplishing either an unlawful end or result, or a lawful end or result by some unlawful method or means.' The district court also defined 'knowingly' as acting voluntarily and intentionally. Id. It did not define the term 'willfully.'
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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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.