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Features

Sentencing of Individuals in FCPA Cases Image

Sentencing of Individuals in FCPA Cases

Gary Stein

The DOJ exercises virtually unlimited discretion in deciding who gets charged in FCPA cases and, for all practical purposes, in deciding the amount of the financial penalty imposed against corporate violators. But sentencing of individual defendants is ultimately a matter of judicial, not prosecutorial, discretion.

Features

The Market View Image

The Market View

Michael J. Fleming

Speed, smart speed, still wins in competition. Unfortunately, I find too many company executives are not heeding this reality when it comes to the changes in financial accounting for leases.

Lease Accounting, Financial and Other Covenants Image

Lease Accounting, Financial and Other Covenants

Gian-Michele a Marca & Barry A. Graynor

This article summarizes the new accounting model for lessees and addresses the impact the new model may have on financial and other covenants typically found in financing agreements, where the lessee is the borrower.

January issue in PDF format Image

January issue in PDF format

ALM Staff & Law Journal Newsletters

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Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

New Briefs Image

New Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Court Watch Image

Court Watch

Darryl A. Hart & Charles G. Miller

Highlights of the latest franchising cases from around the country.

Features

2010 Litigation Trends Survey Image

2010 Litigation Trends Survey

Stephen C. Dillard

In the 2009 Fulbright & Jaworski L.L.P. Litigation Trends Survey, 42% of U.S. corporate counsel reported they expected an increase in the volume of legal disputes over the coming 12 months. The 2010 survey has proved them right.

Georgia Law Regarding Non-competes Is Revised Image

Georgia Law Regarding Non-competes Is Revised

Les Wharton

During the election held on Nov. 2, 2010, Georgia's electorate voted to amend the state constitution of Georgia in a way that made effective on the next day legislation relating to non-competition covenants, namely HB 173 (the "Act"). The Act had passed in the 2009 legislative session and had been signed by the governor that year. Subsequent discussion about a wording issue in the amendment and the Act would suggest that the effective date may actually be Jan. 1, 2011, or maybe later if it is determined that a legislative fix of the effective date wording is required.

Federal Appellate Court Says Franchisor's Claims Belong in Federal System Image

Federal Appellate Court Says Franchisor's Claims Belong in Federal System

J. Todd Kennard

The U.S. Court of Appeals for the Fourth Circuit recently reversed a district court's dismissal of a franchisor's claims, notwithstanding the fact that the franchisor submitted a summary judgment filing that requested less in money damages than the $75,000 referenced in Section 1332(a) of Title 28 of the United States Code.

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