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Anti-Corruption Practices Survey Highlights Challenges Facing Companies
December 28, 2011
One of the Big Four accounting firms ' Deloitte ' has released a survey of anti-corruption, anti-bribery, and anti-fraud practices and trends at companies around the world.
The FCPA and AML Statutes
December 28, 2011
Last month, we began to discuss how federal prosecutors are increasingly combining charges under the FCPA and the U.S. anti-money laundering laws to reach more defendants and achieve greater success in their criminal prosecutions. We continue herein.
Money-Laundering Statutes May Implicate the Innocent
December 28, 2011
The prospect of a federal money-laundering charge being added to offenses under investigation has serious implications. It can mean exposure to heightened penalties. It can also extend the statute of limitations where it involves conduct occurring later than the substantive offense primarily under investigation. Additionally, money-laundering charges can expand the scope of a conspiracy, by sweeping in conduct involving financial transactions performed by other individuals or far removed from the core conduct at issue. For all of these reasons, the reach of the money laundering statutes is significant.
New Regulations Will Enhance Disclosure for Your Pension Plans
December 28, 2011
It's time for pension plan sponsors to get serious about their fiduciary obligations. Simply put, the employer's obligation for a plan doesn't end when it writes the check. It begins.
FCPA Investigation Costs ' Are You Covered?
December 28, 2011
The enormous size of the FCPA enforcement actions settlements as well as the outsized cost of investigating and defending FCPA actions has led the insurance industry to offer new FCPA insurance products, which are intended to offset the FCPA investigation and settlement costs. These products, however, should be reviewed carefully by the companies to determine their utility in light of the companies' FCPA exposure, existing insurance, and, of course, cost.
Time For a New Definition of Competence?
December 28, 2011
Does the innate need to appear "competent" help or hinder a professional's ability to develop business, develop future talent and give superior service to clients?
Social Security Facts and Strategies
December 28, 2011
Social Security is the biggest retirement system in the United States and its benefits play an important role for retiring Baby Boomers. Millions of Americans depend on their monthly benefits, the amount which can be affected by various factors, most importantly the age at which you retire.
Marketing Change: Differentiation Amid Upheaval
December 28, 2011
In-house counsel have, after years of grumbling, finally motivated law firms to act differently, putting client needs above the law firms' own arcane business models and billing policies. However, few law firm leaders view these changes as positive, so many do a poor job of promoting their enhanced capabilities as a competitive advantage.
Smartphones and the Future of Practicing Law
December 28, 2011
For attorneys and law firm marketers, the advent of smartphones means a new frontier for gathering information ' and a new competitive arena.
PR, Technology and Branding
December 28, 2011
Most, if not all, law firms have a professional presence online these days, so that is no longer a key differentiator ' but what they do with these websites is. Smart firms are moving away from static text-only websites that look just like their competitors' websites and are rarely, if ever, updated with fresh content. And they're doing something else, too: focusing on branding.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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