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Features

How to Survive a Pension Plan Audit Image

How to Survive a Pension Plan Audit

K. Jennie Kinnevy

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 Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

A look at a key case in New York.

Columns & Departments

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Analysis of a major ruling.

Features

2013 Guidelines Amendments Image

2013 Guidelines Amendments

David Debold & Matthew Benjamin

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 Image

Canada Cleans Up

Sean Hecker, Andrew M. Levine, Jilan J. Kamal & Jia Wang

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 Image

The Statute of Limitations Governing SEC Actions Against Foreign Defendants

Avi Weitzman & Seema Gupta

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 Image

COMI Maybe

Kevin P. Ray

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 Image

Defalcation Defined

Thomas M. Byrne

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 Image

Secured Lender's Loss of Possessory Lien Affirmed

Lawrence S. Goldberg, David M. Hillman & Michael L. Cook

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 Image

The Jackson Reforms

Michael Flanagan & Adrian White

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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