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Business Crimes Hotline
April 25, 2008
Recent rulings of interest to you and your practice.
Are the Sentencing Guidelines More Than 'Advisory'?
April 25, 2008
The Second Circuit's recent decision in <i>United States v. Cutler</i> cast a cloud over the question of how far a sentencing judge can depart from the so-called 'advisory' Sentencing Guidelines. In late December 2007, the Supreme Court appeared to have settled that issue. It remains to be seen how the Second Circuit's law will develop in this area.
Supreme Court Revisits Money Laundering
April 25, 2008
On March 3, 2008, the U.S. Supreme Court heard arguments in the case of <i>Cuellar v. United States.</i> The decision, expected by the end of June, will interpret the 'intent to conceal' provision of the federal Anti-Money Laundering statutes.
Danger Zone: Tightening Export Controls
April 25, 2008
Export controls are a morass of overlapping jurisdictions dotted with strict liability and criminal landmines. Worse, criminal and civil penalties have been severely ratcheted up recently, and more appear on the horizon.
The 'Unindicted Co-Conspirator'
April 25, 2008
The criminal justice process can be arcane, but one term is recognizable to the public. An indictment is a formal accusation by a grand jury that an indicted individual has committed a crime. While damning, the indicted defendant nonetheless has the constitutional right to say to the government, 'Prove it,' and, if the government fails, to be cleared of all criminal wrongdoing. Unlike the defendant who has a right to defend himself, the unindicted co-conspirator is not on trial but confined to a limbo in which vindication is never possible.
Rediscovering Chapter 9
April 25, 2008
Even though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 cases have been filed during that time. Municipal bankruptcy cases ' or, more accurately, proceedings involving the adjustment of a municipality's debts ' are a rarity, compared with reorganization cases under Chapter 11.
A Quagmire of Obligations
April 25, 2008
Pending in bankruptcy court in Corpus Christi, TX, is <i>In re ASARCO, LLC, et al.</i>, the largest environmental bankruptcy case ever filed. This article explores the ramificatinos of the case.
Termination Premiums Under ERISA Held to Be Dischargeable Prepetition Claims
April 25, 2008
In a matter of first impression, the United States Bankruptcy Court for the Southern District of New York held that the termination premiums assessed against Oneida Ltd. ('Oneida') as a result of the termination of one of Oneida's pension plans during its Chapter 11 case were prepetition 'claims' (as defined in ' 101(5) of title 11 of the United States Code (the 'Bankruptcy Code')) that were discharged under Oneida's confirmed plan of reorganization.
LAW FIRM MERGERS - SHOWING ALL!
April 17, 2008
LAW FIRM MERGERS - SHOWING ALL is the third chapter on law firm mergers and the importance of early involvement of marketing leadership. The next question is: How do you show - not tell- the marketplace that your intellectul and professional platform is indeed broader and deeper? New subspecializations can be defined and marketed. Articles on legal or client industry issues should be co-bylined by lawyers from both merging firms. Talk about mergers in general, using&#133;
LAW FIRM MERGERS - WHO CARES?
April 09, 2008
LAW FIRM MERGERS - WHO CARES? is the second in our series on law firm mergers and the importance of integrating the marketing leadership from both firms as early in the process as possible. Since clients and internal stakeholders will be the most impacted,how should a firm get more people to care? Well, what do people care about? While marketing in a merger situation is not conceptually unique, it is exponentially more complicated because now&#133;

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