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Creditor's Rights Vindicated: Bad Faith Chapter 11 Dismissed By Appellate Court
The U.S. Supreme Court has often declared that the bankruptcy court is a place strictly reserved for 'honest debtors.' And while that connotes individuals, there is no escaping the implication that it is just as applicable to businesses that should only be seeking to advance legitimate ends via the bankruptcy process. Yet, an even more direct admonition to all who may file a bankruptcy case is the requirement of 'good faith,' a concept general enough to be adaptable, but strict enough to require entrants to come into the proceedings with the proverbial 'clean hands.'
Unfortunately, not every entity is as high-minded when it files for bankruptcy protection. These malefactors particularly usurp the reorganization process of Chapter 11, since its avowed goal of preserving an existing business provides an opportunity for the unscrupulous to remain in control and bend the law to their own less-than-honest ends.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.