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Financial Considerations That Involve Your Partnership Agreement

October 29, 2013

Is becoming a Partner still a realistic expectation in most large firms?

October 29, 2013

Extrinsic evidence of past policy interpretation may take many forms, and one form is evidence of the parties' own course of performance with regard to the insurance policies at issue.

Heading for the Exits

October 28, 2013

This article discusses select leasing issues from recent investment sales transactions, and suggests drafting pointers that can be used to avoid or limit the negative impact these issues may have on the sale of a property.

Business Crimes Hotline

October 28, 2013

A discussion of recent key litigation.

In the Courts

October 28, 2013

Analysis of a recent court ruling involving Extraterritorial Securities Fraud.

Should the United States Be Doing This?

October 28, 2013

A decision earlier this year on a motion to dismiss the complaint filed by the defendants in the case entitled <I>Security and Exchange Commission v. Elek Straub et al.</I> sustains the global reach of the FCPA.

Mind Your Flanks

October 28, 2013

This article describes the range of potential collateral litigation and sets out a series of considerations for counsel as they manage FCPA actions.

FIRREA: Everything Old Is New Again

October 28, 2013

Recent years have seen significant refocus of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA). statute. Stepped-up enforcement is here to stay.

Seventh Circuit Reverses 'Inconsistent' District Court Fraudulent Transfer and Equitable Subordination Ruling

October 28, 2013

An in-depth analysis of the Seventh Circuit's ruling in <I>In re Sentinel Management Group, Inc.</I>

Prepayment Premiums and Make-Whole Payments

October 28, 2013

In the bankruptcy context, a prepayment premium will rarely be triggered by the debtor's voluntary prepayment of debt. Here's why.

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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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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Trademarks
When It Comes to Trademark Searches, AI Misses the Mark
Artificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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