Features
In the Courts
In-depth analysis of a recent important ruling.
The Crime of Bank Fraud, and the Question of Intent
In a recent case, however, the Second Circuit underscored that plainly fraudulent conduct is not always sufficient to satisfy the strictures of particular federal statutes.
Corporate Criminal Liability
While the government is busy holding businesses liable for criminal conduct, skeptics remain critical of its methods.
Sunbeam Eclipsed
A recent decision of the Seventh Circuit, <i>Sunbeam Prods. v. Chi. Am. Mfg., LLC</i>, has been viewed by many, including the authors of this article, as signaling a potential trend in favor of non-debtor licensees of intellectual property.
The Champerty Doctrine Under New York Law
A recent New York case demonstrates that the common law doctrine of champerty still poses a threat to the market for distressed debt.
Investing in China: What Every Investor Must Know
There are many companies listed on U.S. stock exchanges whose assets are located in China. Recently, many of these companies have faced increased scrutiny by their shareholders, bondholders, other investors and the Securities and Exchange Commission (SEC).
Features
Transparency Int'l Progress Report
Despite the tremendous publicity surrounding global anti-bribery enforcement efforts, Transparency International's latest Progress Report finds that enforcement "remains inadequate.
Features
Allen & Allen Leverages Aderant Integrated Case and Financial Management
The primary reason we chose Aderant Total Office was because of integration and that very few of the vendors the firm considered could provide both case and financial management software.
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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 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
