On April 5, 2016, the DOJ issued an Enforcement and Guidance Plan concerning the FCPA. While the new Plan could be interpreted as a novel departure from past precedent, careful analysis reveals that it does little to alter or clarify how the DOJ will review cases or reward companies for significant cooperation in addressing anti-corruption global issues.
ALM's cyberSecure conference takes place Sept. 27-28 in New York. ALM cyberSecure is designed to provide business executives with the necessary tools to build and deploy a successful adaptive cybersecurity plan that comprehensively addresses detection, defense and response.
A federal judge on Aug. 9 dismissed a suit against Twitter Inc. that seeks to hold the social media platform liable for a 2015 terrorist attack in Jordan that left two Americans dead and was linked to the Islamic State, or ISIS.
LinkedIn is seeking to unmask the creators of fake profiles who have been scraping the professional social networking site for data about its 400 million users.
The Equipment Leasing & Finance Foundation has released its Q3 update to the 2016 Equipment Leasing & Finance U.S. Economic Outlook, reducing the year's growth expectations to just 0.9%.
A debtor's pre-bankruptcy repurchase of its stock for $150 million was not a fraudulent transfer because the debtor "could have sold off enough of its assets or alternatively obtained sufficient credit to continue its business for the foreseeable future," held the Second Circuit in June 15.
When either party commences an action for distribution of marital property in the state of the marital residence, a question arises as to what date is used as a cutoff date in classifying whether property is marital or separate. Is it the date of the earlier commencement of the divorce proceeding in the foreign state, or the date of the later commencement of the distribution action?
Especially in a time where cybersecurity remains in the headlines on a regular basis, it's crucial to understand what data exists in order to protect it. Where's your data? What if you lost track of some of it? What if attackers copied it?
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
The 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.
There 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.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
