A recent case, O&G Leasing, LLC v. First Security Bank provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.
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.
Analysis of key rulings.
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.
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.
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.
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.
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.
Does the innate need to appear "competent" help or hinder a professional's ability to develop business, develop future talent and give superior service to clients?
