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.
Compliance with the SEC's Conflict Minerals Rule
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.
Features
The NLRB's New Focus: Non-Union Employers
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,"
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- When It Comes to Trademark Searches, AI Misses the MarkArtificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.Read More ›
