Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect from Aug. 1 through Oct. 1, including amendments to Delaware's corporation and LLC laws. It also looks at two recent decisions of interest from the Delaware Chancery Court.
The Definition of 'Management-Level' Employee Under Title VII
The United States Court of Appeals for the Third Circuit recently decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. This decision serves as an important reminder for all employers regarding the reporting and proper handling of discrimination and harassment complaints.
Features
Business Crimes Hotline
National rulings you need to know.
UBS: A Model for Compelled Production of Foreign Evidence of U.S. Crimes
Last August, the U.S. Department of Justice (DOJ) and UBS AG (UBS) ' the world's largest manager of wealth and Switzerland's biggest bank ' narrowly avoided a long-awaited showdown in federal court in Miami, FL. At stake were the U.S. interest in enforcing its criminal tax laws and Switzerland's interest in enforcing its storied bank secrecy laws.
Features
Expungement of Criminal Records in Federal Courts
This article examines the little-known and infrequently granted remedy of expungement in federal courts.
Law Firm Files
This article addresses what lawyers can do when they find themselves faced with a request for their files from receivers ostensibly standing in the shoes of their former clients but who, in fact, are working hand in hand with the SEC investigating the former client.
Fresh-Start Reporting
Emergence from bankruptcy presents a series of challenges for debtor companies, their creditors and counsel for all interested parties. One of the most significant challenges is financial reporting.
Creditor Committees in 'Meltdown' Chapter 11 Cases
Due to a number of forces, most importantly the global recession and the resulting global macroeconomic conditions, creditor committees are now having difficulty in finding their role in many Chapter 11 cases. Many factors, including rapid declines in asset values, means that many secured lenders find themselves holding loans that are vastly under-collateralized.
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- 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 ›
