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Features

Harsh Incarceration Conditions and Sentencing Image

Harsh Incarceration Conditions and Sentencing

Svetlana M. Eisenberg & Daniel O. Blau

If, post-arrest, your client was subjected to extremely harsh incarceration conditions (either in the United States or abroad), can you argue that his or her sentence should be more lenient in light of the harm he or she endured?

Consumer Fraud Image

Consumer Fraud

Jonathan A. Vogel & Jennifer L. King

On May 1, federal prosecutors brought the first criminal case based on a referral from the CFPB. This clearly signals that this new agency will not be confined to seeking civil and administrative remedies.

Defining Moment: 'Foreign Official' Under the FCPA Image

Defining Moment: 'Foreign Official' Under the FCPA

Stanley A. Twardy, Jr. & Elizabeth A. Latif

In terms of the FCPA, while the concept of a "foreign official" might seem to be straightforward, it is actually quite murky.

Hidden Issues in Balance Sheets Image

Hidden Issues in Balance Sheets

David Gottlieb & Michael D. Schwarzmann

Attorneys for creditors and debtors, and bankruptcy judges, are making recommendations or decisions based on only cursory consideration of potentially misleading balance sheets.

The DOJ's New Fee Application Guidelines Image

The DOJ's New Fee Application Guidelines

Timothy Walsh & Gregory Kopacz

In response to perceived excesses in the bankruptcy compensation process, the United States Trustee Program recently introduced new fee application guidelines for qualifying engagements.

<i><b>Online Extra</i></b> NLRB Memo 'Unlikes' Social Media Policies Image

<i><b>Online Extra</i></b> NLRB Memo 'Unlikes' Social Media Policies

Sue Reisinger

In a warning to employers, the National Labor Relations Board has 'unliked' certain social media policies that restrict an employee's right to speak critically of the employer online, unless the policies were set in collective bargaining.

Features

Keep Mortgage Loan Promises ' or Else Image

Keep Mortgage Loan Promises ' or Else

Jo-Ann Marzullo & Brian Atherton

The terms of, and promises made in, a mortgage loan for a shopping center control the operation, ownership of and disposition of that shopping center so long as that loan remains outstanding.

Features

In the Spotlight: Lease Extension Options Image

In the Spotlight: Lease Extension Options

Jay A. Gitles

This article explores ' from the landlord's perspective ' how to evaluate and craft an option to extend the term of a lease.

The Evolving Landscape of Distressed Bank Restructurings Image

The Evolving Landscape of Distressed Bank Restructurings

Louis T. DeLucia

Although actual failures appear to have declined, the FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.

Features

<i><b>Online Extra</i></b>Jury Sides Against EA in Suit over Madden Football Image

<i><b>Online Extra</i></b>Jury Sides Against EA in Suit over Madden Football

Scott Graham

A San Francisco federal jury found that early versions of Electronic Arts' Madden NFL Football were derivative works of a game created by Robin Antonick. The verdict ' the second favoring Antonick in a three-phase trial ' will be worth between $3.5 million and $11.6 million in unpaid royalties, pending a decision on prejudgment interest, according to one of Antonick's attorneys.

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