Features
Statistics on Criminal Prosecution of Individuals for Antitrust Violations
This article provides statistics on trends in Antitrust Division prosecution of individuals to assist in the decisions of how to position individual defendants, and on how to explain strategies to the client ' often one of the most difficult aspects of the representation.
Features
Internet Service Providers Found Immune over Posted Comments in NY
The NY court's decision will be cited in CDA cases across the country and is likely to limit, but not eliminate, future litigation against ISPs, as future cases are likely to focus on the extent to which an ISP can be considered a "content provider.
Google+ Rethinks Online Privacy ' But Not in the Way You'd Expect
There's a fairly robust legal community developing on Google+. Legal professionals are attracted to the ability to maintain personal and professional connections in one place while honing in on posts that are important to them, their firms or their clients <i>right now</i>. For the most part, folks on Google+ are high-speed on the information superhighway and the information they are sharing is valuable ' and when it isn't, it is easily filtered out.
Developments in Indian Anti-Corruption Legislation
In an attempt to strengthen India's anti-corruption regime, the Indian parliament has introduced for debate two new pieces of legislation: 1) The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2011 (the Prevention of Bribery Act or the Act); and 2) the Lokpal Bill.
Features
'Promoting' Money Laundering
What happens if you learn that your client is regularly doing business with another company that is the subject of rumors of corruption? In addition to other potential charges, could your client also violate the money laundering statute even if it made no effort to conceal any source of funds?
NY Ethics Opinion Says Lawyers May Check Jurors' Online Activity
Attorneys may monitor jurors through online social networks as long as they do not contact the jurors or in any way make their monitoring known to them, the New York County Lawyers' Association said last month in an ethics opinion.
Legal Document Solution Saves Law Firms Time and Money
Drafting custom contracts from scratch is arguably the most labor intensive and expensive part of the legal process. We quickly discovered, however, that working with pre-written contract templates purchased from a handful of online legal forms sites is not the most effective method of reducing cost, particularly after factoring in the amount of time required to source the right documents, modify the text and correct style inconsistencies.
Features
The Uncertain World for Individual Chapter 11 Debtors
Recent cases have made the reorganizations of individual Chapter 11s in some jurisdictions as difficult as prior to the BAPCPA. This article discusses the major uncertainties that currently exist in these types of cases.
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MOST POPULAR STORIES
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.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 ›
- 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 ›
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›