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KEYWORDS

Recent rulings of interest to you and your practice.

Analysis of recent key rulings.

All who are involved with compliance programs as advisers and counselors must take heed of recent developments at the U.S. Sentencing Commission and the Organization for Economic Cooperation and Development (OECD).

Calling Witnesses Who Plan to Take the Fifth in Congress

Federal appellate courts have repeatedly made clear that it is not improper for a prosecutor to call and examine a witness in the grand jury knowing that the witness likely will decline to answer the questions based on the privilege against self-incrimination.

Deploying Countermeasures to the SEC's Dodd-Frank Whistleblower Awards

Section 922 of Dodd-Frank created awards of 10%-30% of monetary sanctions for whistleblowers who report to the SEC original information leading to securities law enforcement actions that recover more than $1 million. Here are 10 actions organizations might take to help mitigate the increased regulatory risk this change may create.

Business Crimes Hotline

Recent national rulings of importance.

In the Courts

A look at a recent high-profile case.

Criminal Antitrust Enforcement Under the Obama Administration

Judging by the numbers, the Obama DOJ has been as active, or at least as successful, in criminal antitrust enforcement as candidate Obama promised. Criminal antitrust fines in 2009 exceeded $1 billion...

Criminal Prosecution Under New York State's Martin Act

In the decades following the Great Depression, the Martin Act became a powerful tool for civil protection against fraud. By the early 1990s, the Martin Act was regularly employed against larger institutions as well as smaller fraudulent schemes.

Expanded Criminal Enforcement in the Financial-Services Industry

Since the economic meltdown began in 2008, the media have waged a relentless attack on the financial industry as the greedy culprit. "So where are all the prosecutions that we were promised?" the white-collar bar has wondered.

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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
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The 'Sophisticated Insured' Defense
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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The New York Uniform Commercial Code Comes of Age
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
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