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Features

What Goes Up Can Come Down

Jodi Misher Peikin & James R. Stovall

The Dodd-Frank Act directs the Sentencing Commission to amend the Sentencing Guidelines for certain fraud offenses, just as SOX did ten years ago. Those SOX amendments led to sentences greater than under the original Guidelines Manual, and a similar result will likely follow from Dodd-Frank.

Features

Pay to Play

Joseph F. Savage, Jr., Nicholas Pilchak & Stephen M. Hoeplinger

There is heightened scrutiny and a new regulatory regime around pay-to-play issues and public pension fund investments throughout the country.

Features

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

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

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.

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Features

New Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Court Watch

Darryl A. Hart & Charles G. Miller

Highlights of the latest franchising cases from around the country.

Features

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

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.

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