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Harsh Incarceration Conditions and Sentencing
July 26, 2013
If, post-arrest, your client was subjected to extremely harsh incarceration conditions (either in the United States or abroad), can you argue that his or her sentence should be more lenient in light of the harm he or she endured?
Consumer Fraud
July 26, 2013
On May 1, federal prosecutors brought the first criminal case based on a referral from the CFPB. This clearly signals that this new agency will not be confined to seeking civil and administrative remedies.
Defining Moment: 'Foreign Official' Under the FCPA
July 26, 2013
In terms of the FCPA, while the concept of a "foreign official" might seem to be straightforward, it is actually quite murky.
Hidden Issues in Balance Sheets
July 26, 2013
Attorneys for creditors and debtors, and bankruptcy judges, are making recommendations or decisions based on only cursory consideration of potentially misleading balance sheets.
The DOJ's New Fee Application Guidelines
July 26, 2013
In response to perceived excesses in the bankruptcy compensation process, the United States Trustee Program recently introduced new fee application guidelines for qualifying engagements.
<i><b>Online Extra</i></b> NLRB Memo 'Unlikes' Social Media Policies
July 26, 2013
In a warning to employers, the National Labor Relations Board has 'unliked' certain social media policies that restrict an employee's right to speak critically of the employer online, unless the policies were set in collective bargaining.
Keep Mortgage Loan Promises ' or Else
July 26, 2013
The terms of, and promises made in, a mortgage loan for a shopping center control the operation, ownership of and disposition of that shopping center so long as that loan remains outstanding.
In the Spotlight: Lease Extension Options
July 26, 2013
This article explores ' from the landlord's perspective ' how to evaluate and craft an option to extend the term of a lease.
The Evolving Landscape of Distressed Bank Restructurings
July 25, 2013
Although actual failures appear to have declined, the FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.
<i><b>Online Extra</i></b>Jury Sides Against EA in Suit over Madden Football
July 24, 2013
A San Francisco federal jury found that early versions of Electronic Arts' Madden NFL Football were derivative works of a game created by Robin Antonick. The verdict ' the second favoring Antonick in a three-phase trial ' will be worth between $3.5 million and $11.6 million in unpaid royalties, pending a decision on prejudgment interest, according to one of Antonick's attorneys.

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    Dishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud &amp; Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>
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