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We found 1,370 results for "Business Crimes Bulletin"...

The Perils of Immunity in the Era of Globalization
August 25, 2009
Twenty years ago, a defense attorney might have sighed with relief to hear an Assistant U.S. Attorney (AUSA) say that a client was only a "witness," or would not be prosecuted, or would be immunized in return for truthful cooperation in the government's investigation. These days, not so fast.
Rule 502
August 25, 2009
While Rule 502 is limited to agreements among parties "in a Federal proceeding," what about a non-waiver agreement between a company and the government during an investigation, when the company is not a party to any proceeding? This question and more are discussed in this article.
Business Crimes Hotline
July 28, 2009
Recent rulings of interest to you and your practice.
In the Courts
July 28, 2009
A review of recent notable cases.
Panel Rejects Bids to Kill Settlement
July 28, 2009
The federal appeals court in Atlanta has rejected objections to the settlement of a securities fraud suit against HealthSouth. <i>In re: HealthSouth Corporation Securities Litigation</i>, Nos. 07-10701 and 07-11908.
Who's Your Client?
July 28, 2009
A federal judge recently concluded in a widely reported option backdating case that the California law firm Irell &amp; Manella had "compromised ' important principles" involving the "fair administration of justice."
Bail for White-Collar Defendants
July 28, 2009
The Madoff detention litigation has revived longstanding questions about whether pretrial detention can ever be based solely on economic dangerousness. This article discusses the issue in depth.
Business Crimes Hotline
June 30, 2009
Recent rulings of interest to you and your practice.
In the Courts
June 30, 2009
National rulings of importance.
Expanded False Claims Liability
June 30, 2009
Besides its changes to criminal law described in this issue, the Fraud Enforcement and Recovery Act of 2009 (FERA), signed into law on May 20, 2009, significantly increases companies' exposure to civil lawsuits brought by the government and whistleblowers.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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