Features
Money Laundering: A Changing Paradigm
Over the past several months there has been a slew of public pronouncements that should put financial institutions on edge. Enhanced enforcement of the Foreign Corrupt Practices Act (FCPA) is now migrating into the financial sector and linking up with anti-money laundering (AML) and Office of Foreign Assets Control (OFAC) compliance requirements.
Features
Confronting the Forensic Facts
A pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause, <i>Crawford v. Washington</i> and <i>Melendez-Diaz v. Massachusetts</i>, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government
Features
DOJ, Heal Thyself
The uptick in implosions of high-profile criminal cases has been cause for concern among the DOJ's most ardent supporters. Policymakers need to ask whether the DOJ is doing as much to mitigate its own risks of employee misconduct as it requires of the companies it investigates and prosecutes.
Features
Credit (Bid) Where Credit's Due
This article concludes last month's article on the ability of a secured creditor to credit bid its claims at a sale under ' 363(k) or ' 1129(b)(2)(A)(ii).
Features
The Intersection of Receiverships and Bankruptcy
The intersection of bankruptcy and federal and state receiverships has become a fairly regular occurrence around the country. Cases from Florida, Georgia, Minnesota, New York and Oregon evidence that such incidents are taking place all across the country. There is a tension reflected in some of the cases between the primacy of the orderly and well-developed bankruptcy structure as compared with the much less structured alternative of receivership proceedings.
Features
<b><i>BREAKING NEWS:</i></b> Gay Marriage Falls in New Jersey Senate
The New Jersey state senate has voted down the gay marriage bill 20-14, according to the Associated Press and <i>The Huffington Post</i>.
<i><b>Online Exclusive: </b></i> Craigslist/eBay Trial Ends; Judge Hints at Settlement Talks
At the close of a nearly two-week nonjury trial between Internet titans eBay Inc. and Craigslist, Chancellor William B. Chandler III hinted that the companies might consider settlement talks because a ruling from the judge could "make everyone unhappy.
Bit Parts
Country Artist's Bankruptcy Filing Not in Bad Faith<br>Permanent Injunction Against File-Sharer Tenenbaum Is Limited, But Judge Details Criticism of Fair Use Defense
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
