Features
In the Courts
An in-depth look at recent national rulings.
How Much Knowledge Makes a Crime?
When Congress passes a new statute in a prosecution-friendly atmosphere, it should be wary of the potential for overly aggressive prosecutors to misuse it. Here's why.
Reducing Criminal Liability with Chinese Imports
The China import safety crisis creates a perfect storm for driving importers and retailers out of business when faced with monumental product liabilities, both criminal and civil. Corporate counsel, therefore, must learn how to minimize or even eliminate their clients' increased criminal and civil exposure.
Features
Attorney-Client Privilege in Congressional Investigations
For a litigator accustomed to practicing in court, representing a client in a Congressional investigation presents unique challenges, as the rules, procedures, processes, and customs differ vastly. One area of stark difference is the status and treatment of attorney-client privilege.
Media & Communications Corner: The $700 Billion Bailout and How Some Law Firms Missed an Opportunity
Editor's Note: I am pleased to announce that Nick Gaffney of Infinite Public Relations has joined our Board of Editors. We welcome Infinite PR as the regular authors of the Media & Communications Corner. The company provides strategic media relations and communication services for leading professional services firms. Infinite's extensive, award-winning experience counseling the legal and accounting industries on proactive strategic media relations campaigns and crisis communication matters makes them a positive addition to our newsletter.…
Law Firm Leadership: An Economic Stimulus Plan for Law Firms
Wall Street and Main Street are not the only places that need a paddle to the chest. While many firms look to cut costs to stop the bleeding, this alone is not a prescription for a return to health. Here's what to do.
Revisiting MLF 2008: What You Missed!
At the beginning of a new year, we always look back on the year that was. The Year in Review, beginning herein, will present a pared-down reprint of one article from each of the last 12 issues of MLF (six articles this month and six next month).
Features
The Disappearance of Qs: A Knockout Punch to Securitizations?
Proposed changes to accounting rules for securitization vehicles will further challenge this already fragile market, threatening its role as a significant source of liquidity.
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›