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FCPA Individual-Liability Prosecutors Want YOU!
Over the last ten years, U.S. corporations conducting business outside the country have witnessed a dramatic increase in the enforcement of the Foreign Corrupt Practices Act (FCPA) and the severity of the financial penalties assessed. Now the DOJ and SEC have upped the ante.
New Burdens for Federal Contractors
On Jan. 30, 2009, President Obama signed Executive Order No. 13496, which requires Federal contractors to post notice of its employees' rights to organize and engage in union activities under the National Labor Relations Act. Here is what you have to know.
Business Crimes Hotline
Recent rulings of interest to you and your practice.
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The Travel Act and Overseas Commercial Bribery
The dishonored act of bribery is a basis for doing business in many places, and continually forces those who operate in the international marketplace to choose between risking the loss of business opportunities and engaging in activity that can easily come under the scrutiny of governmental authorities.
Electronic Search and Seizure
The long-running BALCO steroid investigation that led to the indictment of Major League Baseball star Barry Bonds has resulted in a potentially landmark decision about how government agents apply for and execute search warrants for electronically stored information (ESI).
The Coming Honest-Services Storm
Not since 1987, when the Supreme Court issued its bombshell decision in <i>McNally v. United States</i>, has the honest-services mail fraud doctrine received as much attention as in recent months. When the dust settles, it is possible that one of prosecutors' favorite weapons will have been sharply restricted or taken away.
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The Leasing Hotline
Recent rulings of importance to your practice.
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Supporting Struggling Tenants
The first part of this article discussed four factors that a landlord should consider when negotiating rent deferral for a struggling tenant: verifying financial distress, lender requirements, short-term relief, and landlord acceleration rights. The conclusion herein addresses the remaining four points.
Features
In the Spotlight: Negotiating a Rooftop Antenna Contract
This article addresses some of the legal issues that a landowner needs to consider when negotiating a cell tower lease or license with a telecommunications company for the installation of equipment on its rooftop.
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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 ›
