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Court of Appeals Authorizes Class Action to Recover Rent Overcharges
Does Rent Stabilization Law section 26-516, which entitles tenants to treble damages for most rent overcharges, constitute a “penalty” within the meaning of CPLR 901(b), which provides that, subject to an exception, no action to recover a penalty may be maintained as a class action? The Court of Appeals addressed that question in Borden v. 400 East 55th Street Associates, L.P., (NYLJ 11/25/14, p. 22., col. 1), and held that so long as tenants waived the right to recover treble damages, tenants could use the class action mechanism to recover rent overcharges.
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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.