Features
Best Practices (And Even Better Questions) to Apply to Your Back-Office Operations
While the economy continues to limp along and the experts continue to predict a flat legal market, it is more important than ever to ensure your back-office operations are functioning in the most cost-effective, efficient way possible.
'Discovery Rule' Does Not Apply
In <i>Gabelli v. Securities and Exchange Commission,</i> the Supreme Court unanimously concluded that Section 2462's limitations period began to run from the date of the alleged misconduct, not from the date the SEC discovered the alleged fraud.
Features
New Litigation Trends Survey Reveals a Rising Tide
A look at The 9th Annual Litigation Trends Survey, commissioned by Fulbright & Jaworski L.L.P. and conducted during 2012 by an independent research firm.
Features
Outparcels in Retail Projects
The key to being able to sell or lease an outparcel successfully may often turn on the care that was taken by the initial developer of the subject project.
Columns & Departments
Business Crimes Hotline
Analysis of two key rulings.
In the Courts
A look at a recent decision involving the SEC and the "discovery rule.
Features
NY State White Collar Enforcement for the 21st Century
Over the last several decades, the federal government moved ahead of New York in attacking the problem of white-collar crime .But now, the state has launched the New York State White Collar Crime Task Force..
A Terrible Trap
The FAR trap that is buried deep ' is found at 3.1003 and 52.203-13 and is known as the 'mandatory disclosure rule.'
Features
The Federal Prosecutor As Regulator
In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.
Features
Litigating Complex Environmental Cases
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and DivorceMost divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
