Features
Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
Features
Novel TAA Claim Played Role In Agency's Suit Against Athlete
When NBA star Jimmy Butler's former sports agency sued him last year seeking a portion of the proceeds from a $5 million Nike endorsement contract, Butler's lawyer didn't just stick to playing defense.
Features
Developments in Federal Whistleblowing Programs: What Compliance Officers Need to Know
This article examines recent developments and trends concerning federal whistleblower programs that compliance officers need to know and provides best practices recommendations for ensuring that your company maintains a robust whistleblower and anti-retaliation program in light of increased whistleblower activity.
Features
Cross-Border Insolvency In Brazil: The UNCITRAL Model Law Dances to A Samba Beat
After years of debate, Brazil recently enacted legislation amending its bankruptcy statute and modernizing the Brazilian insolvency system.
Features
OFAC Asks Non-U.S. Persons to Advance U.S. Foreign Policy
In recent years, U.S. prosecutors and regulators have shown increasing interest in prosecuting people and entities with little or no connection to the United States. This trend has been especially pronounced in the context of the Foreign Corrupt Practices Act (FCPA) and has also extended beyond the FCPA to the prosecution of white-collar crime more generally.
Features
The CAA's Impact on Health and Welfare Plans
In addition to funding the government and further COVID-19 relief, the recently signed Consolidated Appropriations Act (CAA) included significant provisions impacting health benefit coverage.
Features
Government Policies Could Be Concern for Commercial Real Estate Lenders
Significant concerns aren't necessarily issues caused by real estate lending, borrowing or underwriting. They're caused by government policy.
Features
Negotiating with Small Office Tenants on Pandemic Issues
Small businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.
Features
Scared of Your Clients' Involvement With Cryptocurrency?
Given the rapid expansion of interest and participation in cryptocurrency transactions, it's not a matter of whether you have an interest in crypto, think it's all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.
Features
Telehealth: The Wave of the Future for Both Medicine and Enforcement
The prevalent view is that telehealth will remain an integral part of our healthcare system post-PHE and may even continue to expand. And that means criminal and civil enforcement focused on fraud committed using, or furthered by the use of, telehealth will be expanding as well, particularly when one looks at the dollars that a regulator can bring in for fraud or noncompliance.
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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 ›
- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.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 ›
- Restrictive Covenants Meet the Telecommunications Act of 1996Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.Read More ›
