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.
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MOST POPULAR STORIES
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›
- Attachment and Perfection of Security InterestsThis article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›