Commercial Law

In order to get what they pay for, businesses need to ensure that their separation agreements protect the company's interest to the fullest extent permitted by applicable law.

Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August in response to a perceived product safety crisis arising from several recent high-profile recalls of imported children's products. This article provides an in-depth discussion.

While this article cannot speak to the specifics of an individual termination, the subject thumbnails set forth herein highlight key issues to consider when preparing separation agreements.

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.

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.

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?"

The Ninth Circuit BAP's recent opinion in Clear Channel v. Knupfer, 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.

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.