Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Trans-Jurisdictional Transactions
A broad spectrum of companies in a range of industries is taking advantage of the Internet, advancements in operational systems, and globalization to access new markets and achieve growth. In doing so, many companies are expanding their operations beyond their traditional domestic markets and jurisdictions into new states, new territories, and new countries. When company transactions and legal issues cross borders ' so-called trans-jurisdictional transactions ' companies begin facing expansive and complex legal issues related to those transactions.
This three-part series addresses emerging legal topics that are critical to the three key phases of trans-jurisdictional transactions: 1) the contracting phase before a dispute arises; 2) the information-gathering phase if/when a dispute arises; and 3) the collection/execution phase after a judgment is obtained and debts are owed. The series, which starts from the collection/execution phase and works backwards to the pre-dispute contracting phase, provides guidance to companies attempting to navigate the increasingly nuanced landscape of trans-jurisdictional transactions.
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.
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.
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.
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.