Features
Undisclosed Foreign Bank Accounts
On July 17, 2008, UBS A.G., the giant Swiss bank, announced its cooperation with the Department of Justice (DOJ) and the IRS and its identification to the authorities of U.S. clients who use undeclared foreign accounts and thus may have committed tax fraud by concealing income. Herein is a discussion of voluntary disclosure.
Limiting the Extraterritorial Reach of U.S. Criminal Law
The Eleventh Circuit recently vacated two defendants' money-laundering sentences because it found that they had "committed no crime against the United States." An in-depth look at <i>Lopez-Vanegas.</i>
Features
FCPA Due Diligence and Data Privacy Laws
As Russia, China, India and a host of other countries open their doors to U.S. investors, the number of companies and individuals who need to think about the risk of prosecution under the Foreign Corrupt Practices Act of 1997 (FCPA) has increased tremendously. This article explains.
Labor Relations and The Supreme Court
This is the first of two articles discussing labor and employment decisions issued by the U.S. Supreme Court in its 2007-08 term.
No Genes in the Workplace
On May 21, 2008, President Bush signed into law the Genetic Information Non-Discrimination Act of 2008. This act prohibits employers and insurers from discriminating against individuals based on an individual's genetic information. The Act, which, on the employment side, is patterned after Title VII of the Civil Rights Act of 1964, creates a new federal cause of action for genetic discrimination, providing for jury trials, compensatory damages and punitive damages.
Features
D&O Liability Policies: A Potential Asset for Troubled Companies
The present economic climate is predictive of increased bankruptcy filings, liquidations, and other insolvencies. Under the appropriate circumstances, a company's directors' and officers' liability policies are potential corporate assets that should not be forgotten or ignored.
Features
A New Approach: Disclaiming Coverage for Arson to a Vacant Building in Standard Fire Policy States
While insurers have often tried to exclude losses for arson occurring in a vacant building under the typical vandalism exclusion, there is no clear consensus for how a given court may rule in such a situation. The biggest hurdle appears to be the differing opinions of the "average" insurance purchaser from state to state, and there appears to be very little rhyme or reason for the difference in results.
Features
IP News
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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 ›
