LJN Newsletters

  • Speaking Outside the Box: Juror Questioning of Witnesses at Trial

    It would be unheard of if a student were to be told that he or she was required to master a course of study without having the ability to voice any questions along the way. In fact, from Socrates' time to the present, teachers at all levels typically encourage interactive learning. Until recently, however, the process through which a jury arrives at the facts of a given case is a fairly passive process — with the exception of the deliberative process at the close of the case.

    January 31, 2007Mary Clare Bonaccorsi

  • Real Property Law

    In-depth analysis of important verdicts.

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • Landlord & Tenant

    Discussion of important cases.

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • Development

    Key cases of importance.

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • In the Courts

    The latest verdicts you need to know.

    January 30, 2007ALM Staff | Law Journal Newsletters |

  • Business Crimes Hotline

    Recent national rulings of interest to you and your practice.

    January 30, 2007ALM Staff | Law Journal Newsletters |

  • Be Careful What You Wish For

    In the wake of the demise of Arthur Andersen following the partnerships' indictment by the federal government, prosecutors are increasingly pressuring corporations to enter into deferred-prosecution agreements (DPAs) to avoid ' at least temporarily ' full-blown criminal prosecutions. While these agreements may seem to offer an attractive option to embattled companies faced with the prospect of a lengthy and potentially devastating criminal prosecution, the freedom with which the individual prosecutors operate when crafting the agreements should cause concern.

    January 30, 2007Stanley S. Arkin and Barrett N. Prinz

  • Voluntary Disclosures Under the FCPA

    ' ' [A]lthough nothing is off the table when you voluntarily disclose, I can tell you in unequivocal terms that you will get a real benefit ' ' Despite these heartening words by Assistant U.S. Attorney General Alice S. Fisher at a recent conference on the Foreign Corrupt Practices Act (FCPA), an attorney representing a corporation cannot recommend voluntary disclosure of potentially criminal FCPA activities without weighing the promise of a 'real benefit' against the very real risks.

    January 30, 2007Jacqueline C. Wolff and Pamela Sawhney

  • The McNulty Memorandum

    The Department of Justice (DOJ), in the wake of increasing criticism of its policies on waiver of privileges by corporations and their advancement of legal fees to employees under investigation, issued a 21-page memorandum on Dec. 12, 2006, revising the 'Principles of Federal Prosecution of Business Corporations,' alias the Thompson Memorandum. The revised policy, embodied in a memorandum by Deputy Attorney General Paul D. McNulty, comes close on the heels of two influential attacks on the Thompson Memorandum: a bill sponsored by Sen. Arlen Specter (R-PA) that would prohibit prosecutors from pressing companies to waive privileges or cut off legal fees, and an opinion by Manhattan U. S. District Judge Lewis A. Kaplan, holding that prosecutors had violated the constitutional rights of former KPMG partners when they pressured KPMG to stop paying the ex-partners' lawyers.

    January 30, 2007Robert W. Tarun

  • Stock Trading Injunctions in Chapter11

    The implementation of restrictions on stock and/or claims trading has become almost routine in large Chapter 11 cases involving public companies on the basis that such restrictions are vital to prevent forfeiture of favorable tax attributes that can be triggered by a change in control. Continued reliance on stock trading injunctions as a means of preserving net operating loss carry forwards, however, may be problematic, after the controversial ruling handed down in 2005 by the Seventh Circuit Court of Appeals in In re UAL Corp., 412 F.3d 775 (7th Cir. 2005).

    January 30, 2007Brad B. Erens and Mark G. Douglas