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Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for TCPA Compliance
Class-action lawsuits in 2024 over alleged Telephone Consumer Protection Act (TCPA) violations have risen for the second consecutive year. In October alone, a record-breaking 115 TCPA class-action cases were filed, starkly contrasting the 62 cases filed during the same month two years prior. According to TCPA World, 915 TCPA class actions were filed this year through October, compared to 760 during the same period last year.
With changes to TCPA regulations in 2025, TCPA lawsuits will likely ramp up even further. This trend highlights the growing importance of compliance for organizations engaging in telemarketing activities.
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.
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.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."