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We are still dealing with the pandemic and its impact. The way we live our lives and interact with one another has changed, and the way we transact business and approach commerce has evolved.
The pandemic brought with it social distancing, enhanced telecommuting and other health protection policies, and it was followed by business interruption lawsuits, mothballed bankruptcy cases, fights over ongoing rents, certain government-sponsored loans, and tremendous uncertainty for retailers, restaurants and other consumer-based companies. The retail sector suffered economically, and retailers/restaurants with locations across the country filed for Chapter 11 bankruptcy. One of the primary consequences was for financially distressed companies to utilize the Bankruptcy Code's provisions for rejection of above-market leases or underutilized real estate to reduce their physical footprint and related obligations.
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.