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In The Courts Image

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

Features

Supreme Court's October Term 2018 Contains Hints of Things to Come Image

Supreme Court's October Term 2018 Contains Hints of Things to Come

Harry Sandick & Tara Norris

Part Two of a Two-Part Article In Part One of this article last month, we discussed several of the key business crimes cases from the recently concluded October Term 2018. We resume this discussion in Part Two of our article and offer some concluding thoughts about where the Court may go next in the years to come.

Features

Insider Trading Policies and Cybersecurity Image

Insider Trading Policies and Cybersecurity

Michael J. Rivera & Abby I. Yi

Cybersecurity has been a high priority topic for the SEC the past few years. In September 2017, the SEC created a Cyber Unit within its Enforcement Division. This Cyber Unit had over 225 active investigations at the SEC's 2018 fiscal year end. The SEC has focused in particular on cybersecurity risks facing public companies.

Columns & Departments

In the Courts Image

In the Courts

Juliet Gunev

Maryland's Largest Ever Ponzi-Scheme: Kevin Merrill Sentenced to 22 Years in Prison for $396 Million Consumer Debt Fraud

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Juliet Gunev

Former Keppel Lawyer Who Cooperated with U.S. Government Fined and Sentenced to Probation for His Role in Petrobras Bribery Scheme

Features

Overview of Limitations on Employee Compensation in Bankruptcy Image

Overview of Limitations on Employee Compensation in Bankruptcy

Carl E. Black & Jonathan Noble Edel

Recognizing the potential consequences, companies in Chapter 11 bankruptcy often try to reduce employee uncertainty by seeking authority from the bankruptcy court. The Bankruptcy Code, however, imposes a variety of limitations on the ability of a debtor-employer to provide certain types of compensation and benefits to "insiders," a term that is broadly defined in the Bankruptcy Code.

Features

Third Circuit Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay Image

Third Circuit Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay

Michael L. Cook

"[A] secured creditor [has no] affirmative obligation under the automatic stay to return a debtor's [repossessed] collateral to the bankruptcy estate immediately upon notice of the debtor's bankruptcy," the U.S. Court of Appeals for the Third Circuit held on Oct. 28, 2019 in In re Denby-Peterson.

Features

Sympathy for the Debtor? Not When It Comes to Student Loans Image

Sympathy for the Debtor? Not When It Comes to Student Loans

Rudolph J. Di Massa Jr. & Jarret P. Hitchings

The assumption that bankruptcy can't relieve a borrower of student loan obligations is incorrect, however a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.

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