Features
Harsh Incarceration Conditions and Sentencing
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
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
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
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
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
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
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
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
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
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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MOST POPULAR STORIES
- New York's Latest Cybersecurity CommitmentOn Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.Read More ›
- INTERVIEWIn this exclusive interview with International Franchise Association (IFA) chairman Steve Siegel, Associate Editor Kevin Adler, asks about policy priorities for 2003, and other legislative and regulatory developments that affect the franchise industry.Read More ›
- Pension Plan Termination Premiums in BankruptcyIn a case of timely significance, the Second Circuit Court of Appeals has recently ruled that pension plan termination premiums are not "claims" subject to being discharged under a Chapter 11 plan, but rather, must be paid in full upon emergence from bankruptcy.Read More ›
- <b><i>Social Media Scene:</i></b> How Social Are Your Social Media Activities?The modifier "social" is supposed to separate social media from other forms of marketing and PR. But the tactic's social aspect is also the part that either prevents us from using it or from using it as the two-way communication tool it's supposed to be.Read More ›
- The 'Friendly Fraud' ChargebackThe abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.Read More ›