Features
'Misprision of a Felony'
Notwithstanding the continuing reliance of federal courts on the Federal Sentencing Guidelines, they recognize that Congress did not intend to weaken the plea bargaining system when it enacted the Sentencing Reform Act. Given the formulaic nature of the guidelines, plea bargaining may be the best way to secure the most advantageous result for a client facing federal criminal charges. One bargaining tool is for defense counsel to suggest that his client plead to an alternative charge, such as misprision of a felony, 18 U.S.C. ' 4.
Compliance and Ethics Programs: Passivity Is Passe
What changes did the Sentencing Commission make last year? Several general themes emerge. First, the Sentencing Commission attempted to create responsibility and more direct accountability on the part of corporate management for the existence and operation of a compliance and ethics program. Second, the Sentencing Commission created some specific responsibilities, in respect of the compliance and ethics program, for the 'governing authority' of the entity, which for a corporation is the board of directors. Third, the Sentencing Commission clarified that training is a mandatory means by which to 'communicate ... its standards and procedures' to all employees, including directors and management, and, as appropriate, third-party agents. This article examines those themes in greater detail.
Features
Internet Assets of A Decedent
The Internet has brought many innovations, fads and new considerations with it to public life in general, and to the realms of commerce in particular, including to the practice of law. Among these, it has allowed new assets to spring into existence for consideration by competent tax and estate planners.<br>All Internet assets are intangible personal property ' they cannot be seen, felt or perceived in the usual way by the ordinary senses. For tax- and estate-planning purposes, each Internet asset is subject to one of three different legal classes. Below, we look at these assets, the classes they fall into and some considerations that bear on them.
Features
Some Old Lessons For New Enterprises
e-Commerce firms have aggressively marketed themselves as the new kids on the block. They eagerly discard old ways of doing business, confident that their way of doing business ' online ' is better. It's an e-commerce article of faith that everyone can work more efficiently if he or she would only eliminate outdated practices that don't take advantage of the conveniences available online.<br>But maybe some supposedly 'old' laws and ways of doing business have survived ' for decades and centuries ' for reasons other than that the Internet had not yet been invented. Sometimes, the tried and true is sufficient for what's needed. The old way may work more reliably, and perhaps even better than, the new path offered by e-commerce.
Going High-Tech On the Paper Trail
It makes sense that attorneys who advise e-commerce ventures as part of their regular practice would try putting technology to use to manage law firms. And it makes sense that they'd be the ones to succeed.<br>As technology continues to permeate our society, use of radio frequency identification (RFID) equipment is spreading far beyond tracking 18-wheelers cross-country, or products and parts moving in and out of warehouses ' or, for that matter, stray cattle, pets or misplaced car keys.
Features
eBay Inc., et al. v. MercExchange LLC
The Supreme Court's May 15 decision in eBay Inc., et al. v. MercExchange LLC (eBay) is already a landmark in patent law. The unanimous Court rejected the general rule, previously applied by the Court of Appeals for the Federal Circuit, that a permanent injunction will issue against patent infringement absent exceptional circumstances. Instead, the Supreme Court held that, consistent with the 'long tradition of equity practice,' a patent holder must satisfy a four-prong test.
The Oz Illusion: The Expert Behind the Curtain
Notwithstanding all the criticism of baseless opinions expressed in courts by experts, more often than we would wish to contemplate, case outcomes are dictated by expert witnesses ' and some of those witnesses have no empirical bases for the opinions that they express (Eaton, L., 2004. For Arbiters in Custody Battles, Wide Power and Little Scrutiny. <i>The New York Times</i>, 5/23, p. 1).
Features
The Bankruptcy Hotline
Recent rulings of importance to you and your practice.
Converting a Chapter 7 to a Chapter 13
It has been a prevailing view in practice under the Bankruptcy Code that a Debtor has an absolute one-time right under Section 706(a) to convert a case from Chapter 7 to another Chapter, the most common scenario involving conversion from Chapter 7 to Chapter 13. However, two recent circuit level cases, reflecting the case law trend, have found that a motion to convert a Chapter 7 to a Chapter 13 may be denied if not made in good faith.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.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 ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- 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 ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›