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Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions
December 02, 2019
In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however
Supreme Court's October Term 2018 Contains Hints of Things to Come
Part Two of a Two-Part Article In Part One of this article last month, we discussed several of the key business crimes cases from the recently concluded October Term 2018. We resume this discussion in Part Two of our article and offer some concluding thoughts about where the Court may go next in the years to come.
Insider Trading Policies and Cybersecurity
Cybersecurity has been a high priority topic for the SEC the past few years. In September 2017, the SEC created a Cyber Unit within its Enforcement Division. This Cyber Unit had over 225 active investigations at the SEC's 2018 fiscal year end. The SEC has focused in particular on cybersecurity risks facing public companies.
In the Courts
Maryland's Largest Ever Ponzi-Scheme: Kevin Merrill Sentenced to 22 Years in Prison for $396 Million Consumer Debt Fraud
Business Crimes Hotline
Former Keppel Lawyer Who Cooperated with U.S. Government Fined and Sentenced to Probation for His Role in Petrobras Bribery Scheme
Overview of Limitations on Employee Compensation in Bankruptcy
December 02, 2019
Recognizing the potential consequences, companies in Chapter 11 bankruptcy often try to reduce employee uncertainty by seeking authority from the bankruptcy court. The Bankruptcy Code, however, imposes a variety of limitations on the ability of a debtor-employer to provide certain types of compensation and benefits to "insiders," a term that is broadly defined in the Bankruptcy Code.
Third Circuit Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay
"[A] secured creditor [has no] affirmative obligation under the automatic stay to return a debtor's [repossessed] collateral to the bankruptcy estate immediately upon notice of the debtor's bankruptcy," the U.S. Court of Appeals for the Third Circuit held on Oct. 28, 2019 in In re Denby-Peterson.
Sympathy for the Debtor? Not When It Comes to Student Loans
The assumption that bankruptcy can't relieve a borrower of student loan obligations is incorrect, however a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.
Increasing Client Requirements: Securing Law Firms for the 21st Century
December 02, 2019
Clients expect sophisticated and secure systems to keep their information safe. This obviously makes your IT professional's job much harder. Additionally, attorneys expect instant performance and near 100% up time. Achieving the delicate balance between accessibility and security is a challenge.
Law Firm Debt Levels Shrink as Partners Put More Skin in the Game
What Does Widespread 'Deleveraging' Mean for Law Firm Health? Industry watchers say law firms have become less reliant on bank debt over the past decade, as they explore other funding options. Often, that means raising capital from partners, or turning to other, less common sources.

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