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July 26, 2013

A series of recent employment law cases should serve as a wakeup call to companies about the dangers of trying to restrict the ability of employees to practice their religious beliefs, even in the workplace.

Is Homelessness the Next Protected Class?

July 26, 2013

It may surprise you to learn that discrimination against the homeless may be unlawful ' regardless of whether your state or the federal government has expressly prohibited this practice.

Getting a Real Estate Brokerage Commission Paid

July 26, 2013

Brokers who deal with commercial properties are increasingly being denied their duly earned commissions. These commissions can be considerable and are worth fighting over.

Business Crimes Hotline

July 26, 2013

Discussion of two key rulings.

In the Courts

July 26, 2013

In-depth analysis of a key case.

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.

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The DOJ's Corporate Enforcement Policy: One Year Later
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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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