What's New in the Law
Highlights of the latest equipment leasing cases from around the country.
Features
Bankruptcy Preferences: They Haven't Gone Away
A recent case, <i>O&G Leasing, LLC v. First Security Bank</i> provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.
Features
<B><I>BREAKING NEWS:</b></i> <b>NLRB Postpones Date of Rights Posting Rule </b>
The National Labor Relations Board (NLRB) announced in a press release on Dec. 23, 2011, that it has postponed the original Jan. 31, 2012, deadline requiring employers to post the NLRB Notice informing employees of certain rights to April 30, 2012.
Anti-Corruption Practices Survey Highlights Challenges Facing Companies
One of the Big Four accounting firms ' Deloitte ' has released a survey of anti-corruption, anti-bribery, and anti-fraud practices and trends at companies around the world.
The FCPA and AML Statutes
Last month, we began to discuss how federal prosecutors are increasingly combining charges under the FCPA and the U.S. anti-money laundering laws to reach more defendants and achieve greater success in their criminal prosecutions. We continue herein.
Money-Laundering Statutes May Implicate the Innocent
The prospect of a federal money-laundering charge being added to offenses under investigation has serious implications. It can mean exposure to heightened penalties. It can also extend the statute of limitations where it involves conduct occurring later than the substantive offense primarily under investigation. Additionally, money-laundering charges can expand the scope of a conspiracy, by sweeping in conduct involving financial transactions performed by other individuals or far removed from the core conduct at issue. For all of these reasons, the reach of the money laundering statutes is significant.
New Regulations Will Enhance Disclosure for Your Pension Plans
It's time for pension plan sponsors to get serious about their fiduciary obligations. Simply put, the employer's obligation for a plan doesn't end when it writes the check. It begins.
FCPA Investigation Costs ' Are You Covered?
The enormous size of the FCPA enforcement actions settlements as well as the outsized cost of investigating and defending FCPA actions has led the insurance industry to offer new FCPA insurance products, which are intended to offset the FCPA investigation and settlement costs. These products, however, should be reviewed carefully by the companies to determine their utility in light of the companies' FCPA exposure, existing insurance, and, of course, cost.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Redefining Attorney-Client Collaboration with Technology That Delivers Greater ValueIf savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›