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McNulty Revisited Image

McNulty Revisited

Peter B. Ladig & Stephen B. Brauerman

This article briefly reviews the history of the DOJ's corporate charging guidelines, discusses the policy changes from the DOJ's earlier charging guidelines, and analyzes the Filip Memo's impact on corporate investigations and prosecutions.

Features

D&O Coverage for Corporate Criminal Investigations Image

D&O Coverage for Corporate Criminal Investigations

Patricia A. Bronte

Surprisingly few reported decisions discuss whether criminal investigations of corporate wrongdoing are covered under directors' and officers' liability insurance policies. This is amazing because the past decade has been marked by waves of corporate scandals, and federal and state prosecutors and regulators will likely continue to launch broad investigations of corporate conduct in the decade to come.

Features

Agreements for Future Relief from Automatic Stay Image

Agreements for Future Relief from Automatic Stay

Mike C. Buckley

The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers. How, then, to best answer the client's next question: "OK, when is it enforceable and when is it not enforceable?"

Features

Clear Channel Muddies the Waters of ' 363(m) Mootness Protection Image

Clear Channel Muddies the Waters of ' 363(m) Mootness Protection

Shirley S. Cho & Bennett L. Spiegel

The Ninth Circuit BAP's recent opinion in <i>Clear Channel v. Knupfer</i>, 391 B.R. 25 (B.A.P. 9th Cir. 2008), threatens the sanctity of the mootness rule under Bankruptcy Code ' 363(m). Here's why.

Features

Labor Relations and the Supreme Court Image

Labor Relations and the Supreme Court

John P. Furfaro & Risa M. Salins

This is the second of two articles examining decisions of the U.S. Supreme Court during its 2007-08 term that impacted the area of labor and employment law.

Features

No Rehire and No Comment Clauses in Severance Agreements Image

No Rehire and No Comment Clauses in Severance Agreements

Paul Snitzer

Proffering a severance agreement to employees being let go in a reduction in force (RIF), or for other reasons not involving willful misconduct, is now a common practice in corporate America. Recent decisions indicate that courts are willing to hold both employees and employers to all of the terms of their agreements. Here's how to craft the right ones.

Features

As the Economy Stumbles, Employment Discrimination Claims Climb Image

As the Economy Stumbles, Employment Discrimination Claims Climb

Barbara Reeves Neal

The U.S. Equal Employment Opportunity Commission (EEOC) saw the highest increase in discrimination charge filings last fiscal year, the largest annual increase (9%) since the early 1990s. And prospects for improvement in these numbers are dim. Here's what to do.

Features

The Most Crucial Commercial Lease Cases Image

The Most Crucial Commercial Lease Cases

Adam Leitman Bailey & Dov Treiman

For almost two years, the attorneys at Adam Leitman Bailey, P.C, have been compiling a list of the greatest commercial leasing cases of all time. Two of these attorneys, the authors of this two-part article, trace the lifetime of a leasehold from negotiation through breach and enforcement.

Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Assignments: Paying Agent Not Liable to Assignee Image

Assignments: Paying Agent Not Liable to Assignee

Barry A. Graynor

In a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, the court held that the account debtor's payment obligations do not extend to its agent.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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