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Because the information obtained by means of a sealed order may become evidence in criminal actions against business entities, companies and their advisers need to understand the law, its consequences and the development of case law concerning privacy rights.
Although criminal prosecutions under the FCPA and the U.S. anti-money laundering (AML) laws have developed differently over the years, a review of recent enforcement actions reveals that prosecutions under these criminal schemes have started to converge.
Features
In a recent decision in a domestic bribery case, the United States Court of Appeals for the Third Circuit, after canvassing the law relating to extortion as a defense to federal bribery charges, identified the principal reasons why extortion is so rarely raised, and even more rarely effective, as a defense.
Features
In a recent opinion issued in the Chapter 11 case of <i>In re Lemington Home for the Aged</i>, the Third Circuit revived claims of breach of fiduciary duty and deepening insolvency against directors and officers of a nonprofit Pennsylvania corporation.
An asset sale under section 363(f) of the Bankruptcy Code is becoming an increasingly popular mechanism to improve a company's financial condition as an alternative to a traditional plan of reorganization.
Special creditor protection is not located in title 11 of the United States Code; instead, one needs to refer to 7 U.S.C. '' 499a through 499t in order to discover the special protections set forth for "claims" arising under the Perishable Agricultural Commodities Act ("PACA").
Three recent cases, one in Tennessee and two in Florida, are discussed for no reason other than that they are interesting.