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Features
Export controls are a morass of overlapping jurisdictions dotted with strict liability and criminal landmines. Worse, criminal and civil penalties have been severely ratcheted up recently, and more appear on the horizon.
Features
The criminal justice process can be arcane, but one term is recognizable to the public. An indictment is a formal accusation by a grand jury that an indicted individual has committed a crime. While damning, the indicted defendant nonetheless has the constitutional right to say to the government, 'Prove it,' and, if the government fails, to be cleared of all criminal wrongdoing. Unlike the defendant who has a right to defend himself, the unindicted co-conspirator is not on trial but confined to a limbo in which vindication is never possible.
Features
Even though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 cases have been filed during that time. Municipal bankruptcy cases ' or, more accurately, proceedings involving the adjustment of a municipality's debts ' are a rarity, compared with reorganization cases under Chapter 11.
Features
Pending in bankruptcy court in Corpus Christi, TX, is <i>In re ASARCO, LLC, et al.</i>, the largest environmental bankruptcy case ever filed. This article explores the ramificatinos of the case.
Features
In a matter of first impression, the United States Bankruptcy Court for the Southern District of New York held that the termination premiums assessed against Oneida Ltd. ('Oneida') as a result of the termination of one of Oneida's pension plans during its Chapter 11 case were prepetition 'claims' (as defined in ' 101(5) of title 11 of the United States Code (the 'Bankruptcy Code')) that were discharged under Oneida's confirmed plan of reorganization.
Features
A question often received from attorneys in matrimonial or other litigated matters is whether or not there are any specific standards that a CPA must adhere to when performing a business valuation engagement. Until Jan. 1, 2008, the answer was, effectively, 'No.' As of the beginning of this year, that answer has now changed.
Features
Part One of this article discussed preparing for a settlement conference. The conclusion herein covers the conference and post-conference.
Features
A Manhattan appellate court refused to relinquish jurisdiction over a custody case in which a mother fled with her 5-year-old son to Italy because she thought she was not getting a fair hearing in a New York Family Court. In an unusual ruling in late December 2007, the Appellate Division, First Department, reversed the conclusion of Manhattan Family Court that the case belonged in the Italian courts.
Features
Family lawyers with cases involving application of Section 105(c) of the UCCJEA need to marshal Internet and other resources to determine whether the child custody law of a foreign jurisdiction violates a child's fundamental right to safety and protection. Although Section 105(c) does not provide a broad exception to the otherwise stringent standards of the UCCJEA, in cases where a child's welfare is threatened by deferral of jurisdiction to a foreign tribunal or enforcement of a foreign order, a trial court can invoke Section 105(c) to circumvent application of the UCCJEA's rigorous jurisdictional and enforcement provisions.
Features
Sky-high loss enhancements are increasingly scrutinized in a post-<i>Booker</i> world. Drawing on civil securities law, recent decisions in several circuits endorse an approach holding a defendant responsible for only the portion of victims' losses that was proximately caused by the offense. Some courts' critical analyses bode well for future sentencings.