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Features
With corporate scandals, terrorism and economic chaos appearing regularly in the headlines of major newspapers and on broadcast news, now more than ever it seems that American business is in need of good crisis communications. No company is immune to crisis ' so no company should be without some kind of plan to communicate in the midst of that crisis. Organizations that have good plans in place will weather crises far better than those that don't ' or those that believe that not communicating will insulate them in some way from the effects of the crisis.
Features
Two-and-a-half years ago, the Supreme Court ruled in the remedial portion of its bifurcated decision in U.S. v. Booker, 543 U.S. 220 (2005), that the system of federal Sentencing Guidelines established by the Sentencing Reform Act of 1984 could pass constitutional muster only if the Guidelines were treated as having advisory, rather than mandatory, effect. But Booker left open the question of how much weight the now advisory Guidelines should henceforth be given in a district court's sentencing calculus. Last November, the Supreme Court granted writs of certiorari in two cases ' <i>Rita v. United States</i>, and <i>Claiborne v. United States</i>, that seemed likely to resolve this question.
Features
Last month, the Department of Justice (DOJ) celebrated the five-year anniversary of the Corporate Fraud Task Force with a press release and a party at which then-Attorney General Alberto Gonzales, in a prepared statement, hailed significant changes in the way white-collar cases have been prosecuted. Gonzales praised the Task Force's role in breaking 'large investigations into smaller, less complex pieces,' and bringing those cases faster. But expedited investigations mixed with quick charging decisions have not been a reliable recipe for success.
Features
With its Feb. 21, 2007 holding in <i>Marrama v. Citizens Bank of Massachusetts</i>, 127 S. Ct. 1105 (2007), the Supreme Court stepped in to resolve a Circuit Court split concerning a debtor's right to convert a Chapter 7 case to a Chapter 13 case under the Bankruptcy Code, pursuant to ' 706(a) of the Code. On its face, ' 706(a) seems clear ' a debtor has an absolute, one-time right to conversion. Such clarity is, in the Supreme Court's view, hazy at best.
Features
Bankruptcy court procedural rulings typically go unnoticed. However, this year two bankruptcy court rulings regarding procedural disclosure requirements potentially applicable to investors participating in the bankruptcy process have caused quite a stir. Both rulings related to the scope of disclosure mandated by Bankruptcy Rule 2019, which applies to 'committees' and 'entities' that represent more than one creditor in a bankruptcy case.
Features
The aggregate value of private equity acquisitions worldwide in 2006 exceeded $660 billion. If this number seems mind-boggling, consider that this record-breaking volume of transactions appears well on the way to being eclipsed in 2007. Even with corporate financing for leveraged buyouts harder to come by as a consequence of the sub-prime mortgage fallout, there is, by some estimates, $300 billion sitting globally in private-equity funds.
Features
Recording Agreements/Forum-Selection Clause; Royalty Claims/Letter of Inducement; TV Music Scores/Synchhornization Royalties.
Features
This past year has seen a flurry of activity under Executive Order 11246 ('EO 11246'), the law that governs the administration of affirmative action programs of employers that have certain government contracts or subcontracts. In the wake of these new changes, this article offers suggestions of best practices relating to one of the most noteworthy developments for EO 11246 compliance: the 'Internet Applicant' rule, which became effective on Feb. 6, 2006.
Features
The Uniformed Services Employment and Reemployment Rights Act ('USERRA' or the 'Act') tends to be the employment-related statute most frequently placed on the back burner. Of course, this quickly changes when an employee seeks its protection or privileges. When that happens, managers and human resource professionals are often caught behind the eight ball trying to navigate requirements and entitlements of the law.
Features
The author believes that the best e-discovery-review best practices should be characterized as the application of real-life lessons. He believes they are not complicated, and that focusing on a few of these learned lessons with a thoughtful, deliberate approach will achieve a truly effective electronic discovery review.