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Supreme Court Deadlock over Spousal Guaranties Will Continue to Affect Costs of Equipment Financing
This article is a follow-up to my September, 2015, review of best practices for obtaining spousal guaranties in equipment financing transactions in light of the Supreme Court's decision in Hawkins v. Community Bank of Raymore . See “Supreme Court to Focus Legal Spotlight on Spousal Guaranty Issues: Lenders Should Make Sure They Are Prepared,” http://bit.ly/1TdT54L.
Since Justice Scalia's death, for the first time the Supreme Court deadlocked in a 4-4 decision involving a claim under the Equal Credit Opportunity Act (ECOA) on the issue of whether spousal guarantors have the same rights and protection that their applicant spouses are given by the ECOA. The Supreme Court's deadlock leaves the circuit split on this issue between the U.S. Courts of Appeal for the Sixth and Eighth Circuits intact. As a consequence, equipment lessors and lenders need to be aware of the patchwork state of the law and federal law, and the potential ramifications on their credit and collection decisions and issues of lender liability.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.