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Adding Value, Reducing Risk: Peer Review for Construction Projects Image

Adding Value, Reducing Risk: Peer Review for Construction Projects

Jacqueline Greenberg Vogt

In the aftermath of recent construction disasters leading to catastrophic failures and loss of life, the concept of peer review has taken on an entirely new significance. A comprehensive plan and specification peer review is an effective risk management strategy for ensuring quality construction.

Features

Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust Image

Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust

Robert J. Anello & Richard F. Albert

In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.

Features

How Retailers Are Pushing the Boundaries Image

How Retailers Are Pushing the Boundaries

Kelsi Maree Borland

Entertainment and experience has become the cornerstone of retail survival in the wake of increasing online shopping. Now, top brands are starting to incorporate entertainment experiences into select markets to bush the boundaries of the traditional retail structure.

Features

When to Involve a Forensic Accountant in Your White-Collar Criminal Case Image

When to Involve a Forensic Accountant in Your White-Collar Criminal Case

Sareena Malik Sawhney

Over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.

Features

Changing Outcomes Through a Reservation of Rights Image

Changing Outcomes Through a Reservation of Rights

Francis J. Lawall & Kenneth A. Listwak

In the day-to-day practice of bankruptcy law, it may occasionally be tempting to dismiss "reservation of rights" language as unnecessary or unimportant — after all, a pragmatically minded court will consider the economic reality of the case before it. Right? Well, the U.S. District Court for the District of Delaware's recent ruling in Emerald Capital Advisors v. Victory Park Capital Advisors (In re KII Liquidating) demonstrates the flaws in that way of thinking.

Columns & Departments

Case Notes

Scott E. Mollen

Landlord's Oral Request for Use and Occupancy in Commercial Non-Payment Proceeding Denied Landlord Sought to Pierce the Corporate Veil to Recover Unpaid Rent

Features

The Small Business Reorganization Act: A New Bankruptcy Law for Small Businesses Image

The Small Business Reorganization Act: A New Bankruptcy Law for Small Businesses

Zach Shelomith

The advantages of Chapter 11 bankruptcy are oftentimes unavailable to small businesses and its owners. The substantial disclosure and reporting requirements alone scare off many potential debtors. In response to this problem, Congress recently created the Small Business Reorganization Act of 2019.

Columns & Departments

In The Courts

Juliet Gunev

Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts

Features

Assignments and Collateral Assignments of Commercial Leases Image

Assignments and Collateral Assignments of Commercial Leases

Terrence M. Dunn

What Tenants and Landlords Should Know There are differences between assignments of leases and collateral assignments of leases, and each has aspects that parties to these agreements should expect and look out for. Let's discuss some of these issues.

Features

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions Image

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions

Paige Ammons & Preston Burton

In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however

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