Features
Three for Three
As can be expected, bankruptcy cases often involve numerous claimants holding general unsecured claims against the debtor. As a result, an official committee is usually appointed under Bankruptcy Code section 1102 to represent the interests of all of the debtor's unsecured creditors. Upon approval of the bankruptcy court, Bankruptcy Code section 1103 authorizes the committee to retain attorneys, accountants and other professionals to assist it in performing its services during the course of the bankruptcy'
Features
Equitable Mootness
Equitable mootness is a judge-made remedy that is misnamed, says the author.. Judges apply it to seek an equitable result, but mootness in the constitutional sense is absent.
Concurrent Rights Offerings by Chapter 11 Debtors
A look at the Section 1145 exemption in relation to a major case.
Columns & Departments
Business Crimes Hotline
The collapse of a UK Bribery case is discussed.
Columns & Departments
In the Courts
Analysis of several recent cases.
Features
Brazil Enacts Long-Pending Anti-Corruption Legislation
Brazil's Clean Company Law, which imposes corporate civil and administrative liability for bribery of domestic and foreign public officials, is discussed in Part Two of this series.
Features
Criminal Forfeiture Laws
The government has exercised wide latitude in freezing or seizing assets connected to a charged crime prior to trial.
Features
Bitcoin: With Virtual Currency, Does Virtually Anything Go?
All about Bitcoin: The problems and the perks.
<i>BREAKING NEWS:</i> Justices Sit Out Internet Retailers' Sales Tax Dispute
Intentionally or not, the U.S. Supreme Court chose Cyber Monday to announce it would not slow down the march of states seeking to impose sales taxes on Internet retail purchases.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith 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.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- 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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›