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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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›