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Business Crimes Hotline
Analysis of two separate decisions of note.
Features
When Taking Proprietary Information Is Not a Crime
In back-to-back decisions, the Ninth and Second circuits interpreted three different federal statutes '' the CFAA, the NSPA, EEA '' in ways that narrowed federal prosecutors'' ability to charge former employees for stealing proprietary information from their companies.
Features
Update: The IRS Whistleblower Program
This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.
The Fragile Fifth Amendment
When the contents of electronic devices are encrypted, must the owner facilitate the government's review by decrypting the data or supplying the password to do so? A look at recent rulings.
Asbestos Claims
Asbestos defendants that file for reorganization under the U.S. Bankruptcy Code and seek to establish a personal injury trust for the payment of claims may transfer their liability insurance recovery rights to the trust even if the insurance policies include provisions barring the transfer of such rights.
Court Reverses 'Ponzi-Like' Fraudulent Transfer Ruling
The Fifth Circuit recently reversed a district court's fraudulent transfer judgment based on a financially troubled entity's gift to a charity. <i>The American Cancer Society v. Cook</i>.
Issue-Specific Withdrawal of the Reference
This article considers the genesis, tendency and scope of the district courts' withdrawals of the reference in some of the more complex proceedings pending today.
Features
Lehman Brothers' ADR Procedures for Resolving Its Derivative Contracts in Bankruptcy
Lehman Brothers' bankruptcy case was the largest and most complex Chapter 11 case in history. Here's an inside look.
<B><I>Online Exclusive:</b></i> <b>Lexis Practice Advisor Takes on Bankruptcy</b>
LexisNexis announced a new Financial Restructuring and Bankruptcy module for Lexis Practice Advisor, a web-based legal content service designed to give transactional lawyers a step-by-step approach to deal with a particular issue.Suzanne Petren Moritz, vice president and managing director of Lexis Practice Advisor, says the new module includes content from leading transactional lawyers in the field such as DLA Piper partner George B. South III; Fried, Frank, Harris, Shriver & Jacobson partner Gary L. Kaplan;'
Features
Simplifying e-Discovery: A Continuing Trend
There were a number of themes in legal technology that I first observed at Legal Tech New York 2012 that I see continuing to grow. A host of new visual messages emerged to collectively announce a new era of legal technology, ranging from simplification and unification to reinvention and collaboration.
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