A Glimmer of Hope for Lower Criminal and Civil FBAR Penalties
On June 17, 2010, the Swiss Parliament ratified the settlement agreement between the U.S. Department of Justice (DOJ) and UBS AG, and the process of turning over the names and Swiss banking information of approximately 4,450 U.S. taxpayers began.
DOJ Guidance on Consultant Engagement
The DOJ issued guidance on Sept. 1, 2010 illuminating its approach to American companies' common practice of hiring consultants with ties to foreign governments to help negotiate business deals with those governments.
Features
The 'Ordinary Prudence' Standard in Mail and Wire Fraud Cases
To establish the required element of a scheme to defraud, it is necessary for federal prosecutors to prove that the scheme was "reasonably calculated to deceive persons of ordinary prudence and comprehension.
A Failure to Assume
This article discusses the "ride-through" doctrine, which courts have developed to resolve the ambiguity resulting from a debtor's failure to assume or reject an executory contract under ' 365 prior to plan confirmation.
Features
Judge Not, Lest Ye Be Judged ... Via Online Resources
How to conduct online research on the judges who preside over your cases.
Ninth Circuit Holds That Even Brats Deserve Equitable Treatment
<i>Mattel Inc. v. MGA Entertainment, Inc.</i>, a recent case decided by the Ninth Circuit, illustrates why companies should ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.
Features
What Corporate Counsel Need to Know About Managing Deposition Costs
This article provides some guidance to in-house counsel as to how to better manage your outside counsel in limiting this deposition costs. This boils down to deciding who should or should not be deposed.
Supreme Court Ruling Bolsters Ability of Third-Party Employees to Bring Retaliation Suits
In a decision bound to affect all employers,the Supreme Court unanimously held that the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 not only protect employees who challenge discrimination, but also co-workers who are related to or a close associate of the employee.
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Equitable Subordination Attacks on Secured Lenders
This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.
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