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In the Courts
Judge Calls into Question SEC's Long-Standing Policy Of Allowing Consent
Judgments in Which Defendants Neither Admit Nor Deny the Allegations
On Nov. 28, 2011, Judge Jed S. Rakoff of the Southern District of New York issued an opinion in which he refused to approve a settlement between the U.S. Securities and Exchange Commission (“SEC”) and Citigroup Global Markets, Inc. (“Citigroup”) wherein Citigroup would not be required to admit or deny the underlying allegations. The opinion, U.S. SEC v. Citigroup Global Markets Inc., 11 Civ. 738, 2011 WL 5903733 (S.D.N.Y. Nov. 28, 2011), has received much attention as it may herald a sea change in SEC settlements, which historically have not required such admissions.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.