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Survey of Equipment Finance Activity
Like many other sectors of the economy, the equipment leasing and finance industry is still in the process of evaluating the severity of the financial storm weathered over the past few years. As a result, the question was never really if business volume would be off, but more accurately, by how much. The answer, a lot.
The Equipment Leasing and Finance Association (“ELFA”) recently released its 2010 Survey of Equipment Finance Activity (“SEFA”), which shows that new business volume among a sample of the ELFA member companies declined 30.3% in 2009, in contrast with a 2.2% decline in 2008. Pre-tax income and net income, in dollar terms, declined by 55.7% and 54.4%, respectively. Decreases in revenues and total headcount were only 13.8% and 5.8%, respectively.
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.
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.
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.