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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 (center of main interests) becomes a challenge when a debtor ' whether company or individual ' is effectively multi-national, an increasingly common circumstance.
Features
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.
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>
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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.
With the 2010 Dodd-Frank Act, and "conflict minerals" has become a household word. Here's how to comply with the SEC's Conflict Minerals Rule.
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The NLRB has revisited an age-old doctrine to define a new role for itself that will ensure continued viability outside the context of organized labor. That doctrine is "concerted protected activity,"
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2013 as well as some recent cases of interest, including two from the Delaware Supreme Court.
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In recent years, the SEC has brought far fewer revenue recognition and other financial reporting cases than it had historically. That leads us naturally to wonder whether this trend will continue in the future. Not likely.
Features
The authors feel it is critical to recognize that a child-centered custody or visitation proceeding does not translate into a due process deprivation for either parent.