Features
TRACE Report Offers Global Anti-Bribery Enforcement Stats
The anti-bribery group TRACE International, Inc., has released its latest annual report offering in-house counsel detailed data on the pace of enforcement in different countries. The report says the United States more than doubled its formal enforcement actions between 2009 and 2010.
Piercing the Corporate Veil
In a case of first impression in New Jersey, the state's appellate court extended corporate veil piercing ' the equitable principle of imposing liability to individuals generally protected by statute ' to limited partnerships under certain conditions.
Features
Restitution for Internal Investigation Costs Under the MVRA
Businesses that are forced to undertake internal investigations are victimized not only by the fraud the investigation uncovers, but also by the costs expended to uncover it. To restore your company to its "prior state of well-being," a restitution order should account for both types of harm.
Dodd-Frank: What About Leasing?
As described in this two-part article, many of Dodd-Frank's sweeping provisions are likely to have long-term consequences for the equipment leasing and finance industry and for leasing counsel.
Features
Principles Applicable to Claims for Recovery on a Replacement Cost Basis
Many commercial first-party property insurance contracts detail circumstances under which an insured may seek and recover for physical loss or damage to insured property on a replacement cost basis. If the contract does not provide that option, or if the conditions for replacement cost recovery are not met, the insured's recovery typically is limited to the actual cash value of the lost or damaged property. Because the measured difference can be substantial, certain principles have evolved in practice and case law concerning this distinction.
Features
Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases
Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In <i>Ross v. C. Adams Construction & Design</i>, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage.
IP News
Highlights of the latest intellectual property news from around the country.
Features
Real Property Law
An in-depth look at several major rulings.
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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 ›
