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Privately Funded Developments and Construction at Risk in CA
Landlords that construct their premises in California need to be aware of a recent decision that may affect their construction costs. On Dec. 21, 2010, the Second Appellate District of the California Court of Appeal issued a decision in Azusa Land Partners v. Department of Industrial Relations, (2010) 191 Cal.App.4th 1, that greatly expands the reach of California's Prevailing Wage Law (Labor Code ' 1720, et seq. (“Prevailing Wage Law”), to cover private works of construction that have never before been deemed “public works” subject to the Prevailing Wage Law. As a consequence, developers and builders will have to consider closely how they structure their developments and agreements so as to avoid unnecessarily and inadvertently imposing Prevailing Wage Law requirements on privately funded construction.
The Court's Approach
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.