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On the Move
Morrison & Foerster LLP announced that bankruptcy attorneys Brett Miller and Lorenzo Marinuzzi have joined the firm as partners in its New York office. Miller and Marinuzzi chiefly represent official committees of unsecured creditors in all aspects of the reorganization and liquidation of public and private companies. Notable cases handled by Mr. Miller and Mr. Marinuzzi included Northwest Airlines, US Airways, Hawaiian Airlines, Aloha Airlines, American Plumbing and Mechanical, HomeBanc Mortgage, Phar-Mor, Midland Foods, AmeriServe and Fruit of the Loom.
Most recently, in a case filed in February, Miller and Marinuzzi are representing the creditors' committee of prominent New York retailer Fortunoff. The pair also represents the liquidating trust established in connection with the liquidation of FLYi, Inc., and its subsidiary, Independence Air. Since joining Morrison & Foerster, Mr. Miller was selected as counsel to the creditors' committee in the Skybus Airlines case pending in Delaware.
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.