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In the Courts
SEC Settlement Discretion Affirmed in Citigroup Reversal
On June 4, 2014, Judge Rosemary Pooler of the United States Court of Appeals for the Second Circuit reversed District Court Judge Jed Rakoff's highly publicized rejection of the Securities and Exchange Commission's (SEC's) $285 million settlement with Citigroup. The case, SEC v. Citigroup Global Markets, 11-5227-CV L, 2014 WL 2486793 (2d Cir. June 4, 2014), dates back to a 2011 consent decree in which Citigroup agreed to pay a $95 million civil penalty and disgorge $190 million in realized profits and interest for allegedly misrepresenting its role in selling ' and shorting ' an investment fund collateralized by subprime mortgage securities.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
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.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.