Features
Criminal Antitrust Enforcement Under the Obama Administration
Judging by the numbers, the Obama DOJ has been as active, or at least as successful, in criminal antitrust enforcement as candidate Obama promised. Criminal antitrust fines in 2009 exceeded $1 billion...
Features
Real Property Law
In-depth analysis of key cases you need to know.
Features
Discovery and 'Non-Egregious' Marital Fault
Even as no-fault divorce legislation in the State of New York has been signed into law, matrimonial practitioners continue to deal with the vestiges of fault-based litigation.
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No-Fault Divorce Signed into Law
On Aug. 15, New York became the last state in the nation to enact a law offering no-fault divorce, when Governor David Paterson announced that he had approved the controversial measure, which has been debated for decades.
Features
Drug & Device News
Important information you need to know.
Features
The Relevance of 'Never Events' in Medical Malpractice Litigation
The National Quality Forum, a nonprofit organization that aspires to set priorities and goals for improvement in health care in the United States, established the concept of "Never Events," which consists of a list of serious complications that should never occur in a safe hospital.
Features
e-Discovery Revisited
This article presents some historical context illustrating the early development of e-discovery jurisprudence, continues with a discussion of the influential Sedona Conference and the findings of the Advisory Committee on the federal rules, analyzes the most recent case law, and outlines a prudent approach to e-discovery.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
