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Selling Your e-Commerce Company in 2011
There can be no clearer sign that the dot-com era is over than the results of the 2010 elections. The resounding defeats of tech icons Meg Whitman (of eBay) and Carly Fiorina (of HP) ' despite spending (Whitman spent more than $141 million of her own money on her campaign) ' showed that our society no longer believes (if it ever did) that the stars of Silicon Valley, self-styled modern-day “masters of the universe,” could solve all our problems (at least until the next revolution, because they come so predictably in the tech world).
Another sign of how times have changed for tech entrepreneurs hit much closer to home with the release of the 2010 SRS M&A Deal Terms Study by Shareholder Representative Services, “an analysis of deal terms in private target M&A transactions” from 2007 to 2010. (SRS assists firms in managing such post-closing processes.)
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.
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.
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.
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.
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.