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Machinery and Equipment Supply Contracts
Machinery and equipment suppliers manufacture and sell the machinery that other manufacturers use to produce all manner of manufactured goods. The “Great Recession” has been, in general, a very bad time for machinery and equipment suppliers in North America. However, there is reason for optimism in 2011.
The tax package recently enacted into law includes a provision allowing customers to write off many machinery purchases immediately. Machinery and equipment orders in Germany (a major supplier of machinery and machine tools) surged in 2010. Many international companies are recognizing that it is economically viable (if not economically superior) to establish manufacturing operations in the United States rather than manufacturing goods overseas and then transporting and importing them to the United States and Canada.
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.