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.
Features
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.
Features
Leasing Wind Power Facilities: A New Reality
Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.
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MOST POPULAR STORIES
- 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 ›
- Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe HarborThe Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."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 ›
- 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 ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
