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A look at a recent key case.

Analysis of a recent case involving allocution.

When does disclosure to the government potentially waive the attorney-client privilege or work product protection, and is the risk of waiver worth the disclosure?

Extraterritorial Application of the Securities Fraud Statute

A recent decision from the Second Circuit limits the government's ability to prosecute securities fraud to those cases involving a domestic security.

Brazil Enacts Long-Pending Anti-Corruption Legislation

Brazil has adopted sweeping anti-corruption legislation, a direct answer to acute pressures mounting within Brazil and around the world.

Prepayment Premiums and Make-Whole Payments

Part Two of an in-depth analysis begun last month.

Involuntary Bankruptcy Standard

A judgment creditor that is considering filing an involuntary bankruptcy petition against a debtor should consult venue-specific controlling law if the debtor has appealed the judgment. Depending on the jurisdiction, the debtor's appeal may or may not be a factor for the bankruptcy court to consider in determining whether the creditor's claim meets the involuntary petition requirements of the Bankruptcy Code. '

In What State Is the Harm Felt When a Derivative Suit Is Pursued By Creditors?

Can a trustee of a litigation trust created under a plan sue in a U.S. bankruptcy court the directors and officers of a non-debtor Canadian parent, when many of the defendant D&Os had rarely set foot in the forum state?

'Obamacare': Delayed But Not Dead

This article analyzes some of the biggest issues large and small employers need to address regarding the Affordable Care Act.

Fending Off Appointment of a Receiver

While a national tenant may file for bankruptcy, the landlord is left having to service the mortgage without cash-flow from that tenant or any ability to commence an eviction or related action as a result of the automatic stay.

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The Availability of Self-Help Evictions to Commercial Landlords
A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.
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Second Circuit Rejects Arbitration of Debtor's Asserted Discharge Violation
A bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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