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Money Judgments in Criminal Forfeiture
April 27, 2010
The Second Circuit has just become the latest Court of Appeals to uphold the imposition of money judgments in criminal forfeiture orders. The court sustained forfeiture money judgments of $10 million and $4.6 million against two indigent defendants.
Strict Criminal Liability of 'Responsible Corporate Officers'
April 27, 2010
Many lawyers think it's black-letter law that prosecutors can't convict a criminal defendant without proving mens rea. This is not so, however, for "Responsible Corporate Officers" (RCOs) in businesses that affect public health and safety.
SEC Cooperation Initiative
April 27, 2010
With the hope of encouraging corporate insiders to cooperate during investigations, the SEC issued a new Enforcement Cooperation Initiative in mid-January. Herein is a complete explanation.
Champerty Clarified
April 27, 2010
In a decision of great significance to secondary market distressed debt and claims purchasers, the New York Court of Appeals recently held that this type of "standard" assignment of claim does not violate New York's champerty statute.
It's All About the Guaranty
April 27, 2010
Every legal and financial adviser dealing with distressed real estate needs to put up a sign reminding themselves (and their clients) that "It's all about the guaranty.
How Safe Is the Harbor?
April 27, 2010
Do the Bankruptcy Code safe-harbor provisions have some unintended consequences? Can they adequately address systemic risk in an environment of ever-changing complex financial transactions? A complete analysis.
<i><b>BREAKING NEWS:</i></b> FCC Dealt Blow to Net Neutrality
April 06, 2010
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature 'net neutrality' initiative hanging by a thread. Now, the agency faces several unpalatable options.
Movers & Shakers
March 30, 2010
Who's doing what; who's going where.
Case Notes
March 30, 2010
Analyses of key cases of importance.
'Failure to Warn' Claims Against Generic Manufacturers Not Preempted By Federal Law
March 30, 2010
The U.S. Court of Appeals for the Eighth Circuit recently held that "failure to warn" claims brought against generic manufacturers of Reglan' (a prescription drug used to treat certain gastric disorders) were not preempted by federal law and could, therefore, proceed to discovery.

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