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What's New in the Law
Vendor Issues
Capitol Business Solutions, LLC v. Konica Minolta Business Solutions USA, Inc., 2008 WL 2761307 (U.S.Dist.Ct. D.Kansas July 14, 2008). While this decision focuses on the particularities of the plaintiff-lessor's pleadings, it serves to illustrate potential risks when a lessor relies on its vendor partner to bill and collect lease payments from the lessees whose use of the vendor's equipment is being financed by the lessor. Here, the lessor contends that the vendor failed to remit such payments to the lessor in a timely manner, causing various types of damage to the lessor, including injury to its relationship with its bank.
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.