Features
Elements of Solar System Financing
'Going green' has never been more popular, and financing the acquisition of renewable energy equipment has never been more affordable, both for commercial users and individual consumers. A wide variety of government and private programs are available, providing acquisition dollars as well as tax credits, deductions, and exclusions, and other incentives intended to stimulate clean energy development and adoption.
Features
Business Crimes Hotline
National rulings of importance.
Features
In the Courts
Analysis of recent rulings of interest to you and your practice.
Features
Money Judgments in Criminal Forfeiture
The Second Circuit has just become the latest Court of Appeals to uphold the imposition of money judgments in criminal forfeiture orders. The court sustained forfeiture money judgments of $10 million and $4.6 million against two indigent defendants.
Strict Criminal Liability of 'Responsible Corporate Officers'
Many lawyers think it's black-letter law that prosecutors can't convict a criminal defendant without proving mens rea. This is not so, however, for "Responsible Corporate Officers" (RCOs) in businesses that affect public health and safety.
Features
SEC Cooperation Initiative
With the hope of encouraging corporate insiders to cooperate during investigations, the SEC issued a new Enforcement Cooperation Initiative in mid-January. Herein is a complete explanation.
Champerty Clarified
In a decision of great significance to secondary market distressed debt and claims purchasers, the New York Court of Appeals recently held that this type of "standard" assignment of claim does not violate New York's champerty statute.
It's All About the Guaranty
Every legal and financial adviser dealing with distressed real estate needs to put up a sign reminding themselves (and their clients) that "It's all about the guaranty.
Features
How Safe Is the Harbor?
Do the Bankruptcy Code safe-harbor provisions have some unintended consequences? Can they adequately address systemic risk in an environment of ever-changing complex financial transactions? A complete analysis.
<i><b>BREAKING NEWS:</i></b> FCC Dealt Blow to Net Neutrality
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature 'net neutrality' initiative hanging by a thread. Now, the agency faces several unpalatable options.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›