The FCPA Opinion
Surely the most obscure feature of the Federal Corrupt Practices Act (FCPA) is the issuance and use of opinions. Here's how they work.
Features
Project Management As a Tool to Select, Manage, and Evaluate Outside Counsel
The recent recession has exacerbated the fundamental challenge faced by general counsel: the selection and management of outside counsel.
The Enforceability of Automatic Orders
Automatic orders are particularly vexing because the "binding" quality is almost secondary to its service with the summons. What if the plaintiff does not serve them? Is the action a nullity? Would the plaintiff be in contempt?
Features
Courts Must Report Convictions Connected to Domestic Violence
The state legislature has directed the courts to flag misdemeanor convictions involving domestic violence, the latest among several kinds of data legislators demand from the judiciary.
Split and Shared Custody Arrangements
The CSSA) as we know it and as codified in Domestic Relations Law ' 240 and Family Court Act ' 413, recently celebrated its 22nd birthday. While the language of the statute has been modified, amended and polished over the course of the past two decades, it has yet to address specifically circumstances involving split or shared custody.
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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 ›
