Features
How to Survive a Pension Plan Audit
Key information on the most frequent problems found with pension plans during employee benefit plan audits, and how you can self-audit your plan for possible compliance issues and options you have to correct them.
Columns & Departments
Business Crimes Hotline
A look at a key case in New York.
Features
2013 Guidelines Amendments
On April 10, 2013, the United States Sentencing Commission promulgated its annual amendments to the federal sentencing guidelines. These amendments continue the trend of stiffened sentences for economic crimes.
Features
Canada Cleans Up
The CFPOA makes it a Canadian federal crime to bribe, directly or through a third party, a foreign public official "in order to obtain or retain an advantage in the course of business." How Canada is strengthening its anti-bribery rules.
The Statute of Limitations Governing SEC Actions Against Foreign Defendants
There is no express statute of limitations governing lawsuits instituted by the SEC) including for violations of the FCPA; thus, the federal "catch-all" statute of limitations, 28 U.S.C. ' 2462, applies to any such claims for civil penalties.
Features
COMI Maybe
COMI (center of main interests) becomes a challenge when a debtor ' whether company or individual ' is effectively multi-national, an increasingly common circumstance.
Features
Defalcation Defined
A recent Supreme Court ruling means that all prior lower court decisions addressing the mental state requirement for defalcation have little or no precedential value.
Secured Lender's Loss of Possessory Lien Affirmed
The U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently held that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee <I>without first seeking adequate protection."</I>
Features
The Jackson Reforms
UK Lord Justice Jackson's case management and litigation cost reforms are the most earth-shattering developments in recent UK civil procedure history, with serious ramifications that extend across the pond to U.S. companies.
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MOST POPULAR STORIES
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›