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Homeland Security and Technology Workers ' The New Age of Export Controls
In a time of heightened government concern over foreign terrorists, tightened immigration reviews are creating long lines at U.S. embassies and consulates all over the world, stalling the vital entry visas needed for foreign scientists, engineers and other technical workers to enter this country. Many foreign students already studying at American universities who are seeking permission to remain in the U.S. upon graduation to work for U.S. companies are likewise stuck in these apparently interminable reviews of their suitability to work in the U.S. Today, these immigration petitions need to involve technology lawyers familiar with the U.S. export control rules as much as HR and immigration counsel.
Technology licensing lawyers have long been familiar with the rigors and demands of U.S. export control laws in international deals, including distribution agreements and licenses. Those export control regimes include the International in Arms Regulations (ITAR) of the State Department, 22 C.F.R. Part 120 et seq.; the Export Administration Regulations (EAR) of the Commerce Department, 15 C.F.R. Part 730 et seq.; and the various embargo regulations of the Treasury Department, 31 C.F.R. Part 500 et seq. Today, such technology transactional lawyers need to work more closely than ever before with their counterparts in the HR and immigration fields to assure that companies will be able hire and retain valued foreign technical workers.
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.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.