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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