Features
Public Corruption Prosecutions in New York
This article focuses on the example of New York State and the prosecution of public corruption offenses under that state's law. A case in point is the recent prosecution of former New York State comptroller Alan Hevesi, in which then Attorney General Andrew Cuomo effectively used a statute other than bribery to prosecute public corruption.
Use of the Travel Act to Prosecute Foreign Commercial Bribery
In last month's issue, the authors reviewed the ongoing case, <i>United States v. Carson</i>, in which the government charged the defendants with violating the Travel Act. The discussion continues herein.
Jurors, Internet Research and Social Media
Jurors' use of the Internet to conduct improper trial-related research or to communicate about the trial's progress, the evidence, or the jury's deliberations has been the subject of articles in practically every bar publication that includes litigators among its target audience.
Offshore, But Not Off-Center
The recent case <i>Millenium</i> and its implications for insolvency proceedings in another jurisdiction, particularly in the context of offshore funds.
The Kodak Bankruptcy
On Jan. 18, 2012, Eastman Kodak Company and 15 of its affiliates filed voluntary Chapter 11 petitions in the Bankruptcy Court for the Southern District of New York. The sale of intellectual property figures prominently into Kodak's plans for reorganization.
Full Recourse Enforcement of Non-Recourse Loans
Two recent cases from Michigan could have far-reaching implications nationwide regarding the enforceability of non-recourse loans as fully recourse.
Features
There's a New Sheriff in Town
Receivership is a frequently used remedy for lenders faced with defaulted loans collateralized by income-producing properties, such as shopping centers.
Features
Carter Named CEO and President of ALM
ALM, publisher of <i>Law Journal Newsletters</i> has named Bill Carter its president and chief executive officer.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- 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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›