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History shows that following periods of upheaval there is an increase in fraud-related investigations and enforcement. 2022 has certainly had its share of turmoil: global volatility compounded by the toll of the war in Ukraine and follow-on effects from the pandemic have given corporate compliance officers and in-house lawyers new challenges to confront.
And a rising tide of regulation is headed for them. Corporate accountability is a key priority for the Department of Justice and the Securities and Exchange Commission, and both agencies have renewed their focus on individual liability for gatekeepers, including lawyers, accountants, underwriters, and auditors. We discussed these topics at Practising Law Institute's full-day conference of the same name in September, but a cascade of developments have surged since.
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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.
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