In the Courts
National rulings of importance to you and your practice.
Heightened FCPA Exposure for Executives
In enforcement of the Foreign Corrupt Practices Act (FCPA), the standards are continuously evolving, leaving corporate executives increasingly preoccupied with how prosecutors and regulators might view their activities. Some executives say this issue keeps them up at night.
Features
Justice Department Issues Guidance on Discovery
In the wake of a high-profile case that highlighted discovery abuses by federal prosecutors, the Department of Justice (DOJ) issued guidance regarding the government's discovery obligations on Jan. 4, 2010.
Features
Feds to Corporate America: 'The Cops Are Coming'
On Jan. 19, the Department of Justice (DOJ) announced the arrest of 22 individuals as part of a "sting" operation aimed at uncovering violations of the Foreign Corrupt Practices Act (FCPA). As intended, the case got a great deal of publicity due to both the large number of individuals arrested and the manner in which the investigation was handled.
Sex Versus Society
In last month's newsletter, we began discussion of a decision from New York's Appellate Division, Second Department, in which the court concluded that the concept of constructive abandonment could not be extended to permit divorce due to social, rather than sexual, abandonment. The discussion concludes herein.
Military Retirement vs. Disability Pay
Even when a lawyer is aware of the complications that can arise, attempts to protect a civilian party's rights to a portion of a service member's retirement may go awry. Recent cases in Alaska and Texas illustrate the problems that attempts to work around the laws can cause.
Features
Case Briefs
Highlights of the latest insurance news from around the country.
The Alvord Decision: Why Periodic Review of Insurance Policies Is a Must for Franchisors
Franchisors, like other businesses, should periodically review their insurance policies to make certain that they understand the scope of their existing coverage and to identify (and remedy) any significant gaps in that coverage.
Features
Master of Your Domain Name
It's been a long time since the Internet was considered to be the sole province of computer technicians and young people. Today, it seems just about everyone is not only connected to the Internet but is using it to blog, to network or to host their own Web site. And that includes most law firms.
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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 ›
