Howard W. Goldstein
Being a white-collar defendant is very expensive. Just the cost of putting up a serious defense is more than most business executives can bear, and whether companies must pay their ex-employees' legal fees has been hotly litigated in the much discussed KPMG tax shelter case in the Southern District of New York. Meanwhile, an important <i>en banc</i> decision of the Ninth Circuit addresses the financial impact on individuals at the other end of the criminal process: whether pension trust funds may be reached to satisfy a criminal judgment of restitution.
Features
Jefferson M. Gray
Two-and-a-half years ago, the Supreme Court ruled in the remedial portion of its bifurcated decision in U.S. v. Booker, 543 U.S. 220 (2005), that the system of federal Sentencing Guidelines established by the Sentencing Reform Act of 1984 could pass constitutional muster only if the Guidelines were treated as having advisory, rather than mandatory, effect. But Booker left open the question of how much weight the now advisory Guidelines should henceforth be given in a district court's sentencing calculus. Last November, the Supreme Court granted writs of certiorari in two cases ' <i>Rita v. United States</i>, and <i>Claiborne v. United States</i>, that seemed likely to resolve this question.
Features
Alexander H. Southwell
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Oliver M. Olanoff
Last month, the Department of Justice (DOJ) celebrated the five-year anniversary of the Corporate Fraud Task Force with a press release and a party at which then-Attorney General Alberto Gonzales, in a prepared statement, hailed significant changes in the way white-collar cases have been prosecuted. Gonzales praised the Task Force's role in breaking 'large investigations into smaller, less complex pieces,' and bringing those cases faster. But expedited investigations mixed with quick charging decisions have not been a reliable recipe for success.
ALM Staff
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Law Journal Newsletters
Who's doing what; who's going where.
Features
Eugene J. Geekie, Jr., Patricia J. Fokuo
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L. Katie Mason
With its Feb. 21, 2007 holding in <i>Marrama v. Citizens Bank of Massachusetts</i>, 127 S. Ct. 1105 (2007), the Supreme Court stepped in to resolve a Circuit Court split concerning a debtor's right to convert a Chapter 7 case to a Chapter 13 case under the Bankruptcy Code, pursuant to ' 706(a) of the Code. On its face, ' 706(a) seems clear ' a debtor has an absolute, one-time right to conversion. Such clarity is, in the Supreme Court's view, hazy at best.
Features
ALM Staff
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Law Journal Newsletters
Bankruptcy court procedural rulings typically go unnoticed. However, this year two bankruptcy court rulings regarding procedural disclosure requirements potentially applicable to investors participating in the bankruptcy process have caused quite a stir. Both rulings related to the scope of disclosure mandated by Bankruptcy Rule 2019, which applies to 'committees' and 'entities' that represent more than one creditor in a bankruptcy case.
Features
Brad B. Erens
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Mark G. Douglas
The aggregate value of private equity acquisitions worldwide in 2006 exceeded $660 billion. If this number seems mind-boggling, consider that this record-breaking volume of transactions appears well on the way to being eclipsed in 2007. Even with corporate financing for leveraged buyouts harder to come by as a consequence of the sub-prime mortgage fallout, there is, by some estimates, $300 billion sitting globally in private-equity funds.
ALM Staff
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Law Journal Newsletters
Ninth Circuit Vitiates Online Contract Arbitration Clause
Features
Henry Gottlieb
New Jersey's long-arm jurisdiction over Internet disputes just got a little longer. A New Jersey state appeals court ruled in July that a California resident accused of making libelous statements in a Web-based forum can be sued in New Jersey because the material was 'targeted' toward a New Jersey audience.
Stanley P. Jaskiewicz
Taxes and the Internet have generated a continuous stream of discussion ' but not much more. For all that has been written over the years, remarkably little has happened, other than the passage (and periodic temporary renewals) of the Internet Tax Freedom Act, and pressure on national firms' online operations to collect tax (as described below). The 'problems' ' untaxed economic activity ' that have created so much uncertainty for e-commerce firms and their customers alike remain just as much of an unknown risk, without a solution in sight. Perhaps the continued growth of e-commerce will simply be the unintended result of this inaction, the tax accountant's equivalent of the physician's motto, 'do no harm' ' that is: our tax system has done nothing to get in the way of e-commerce.
