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Enforcing International Arbitral Awards in U.S. Courts
Over the past 50 years, with the quickening pace of economic globalization and an ever-greater share of U.S. businesses participating in cross-border transactions, there has been a parallel explosion of international commercial litigation. International legal systems for resolving disputes have been globalizing as well, and international arbitration has been leading the way ' for good reason. As an alternative to using the national courts of one of the litigants, international arbitration offers the promise of greater speed, flexibility, efficiency, predictability, and a neutral locale. And, international arbitration awards are often more easily enforced than a traditional court judgment.”
But how exactly does a U.S. litigant enforce an international arbitration award? Compared with enforcement of domestic arbitration awards, the answer can be relatively complex, and practitioners must evaluate additional factors, such as whether a state-owned company or state party is involved.
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.
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.
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.