Features
McNulty Revisited
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
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
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
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
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
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
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
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
Highlights of the latest equipment leasing news from around the country.
Features
Assignments: Paying Agent Not Liable to Assignee
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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