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How Retailers Are Pushing the Boundaries Image

How Retailers Are Pushing the Boundaries

Kelsi Maree Borland

Entertainment and experience has become the cornerstone of retail survival in the wake of increasing online shopping. Now, top brands are starting to incorporate entertainment experiences into select markets to bush the boundaries of the traditional retail structure.

Features

When to Involve a Forensic Accountant in Your White-Collar Criminal Case Image

When to Involve a Forensic Accountant in Your White-Collar Criminal Case

Sareena Malik Sawhney

Over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.

Features

Changing Outcomes Through a Reservation of Rights Image

Changing Outcomes Through a Reservation of Rights

Francis J. Lawall & Kenneth A. Listwak

In the day-to-day practice of bankruptcy law, it may occasionally be tempting to dismiss "reservation of rights" language as unnecessary or unimportant — after all, a pragmatically minded court will consider the economic reality of the case before it. Right? Well, the U.S. District Court for the District of Delaware's recent ruling in Emerald Capital Advisors v. Victory Park Capital Advisors (In re KII Liquidating) demonstrates the flaws in that way of thinking.

Columns & Departments

Case Notes Image

Case Notes

Scott E. Mollen

Landlord's Oral Request for Use and Occupancy in Commercial Non-Payment Proceeding Denied Landlord Sought to Pierce the Corporate Veil to Recover Unpaid Rent

Features

The Small Business Reorganization Act: A New Bankruptcy Law for Small Businesses Image

The Small Business Reorganization Act: A New Bankruptcy Law for Small Businesses

Zach Shelomith

The advantages of Chapter 11 bankruptcy are oftentimes unavailable to small businesses and its owners. The substantial disclosure and reporting requirements alone scare off many potential debtors. In response to this problem, Congress recently created the Small Business Reorganization Act of 2019.

Columns & Departments

In The Courts Image

In The Courts

Juliet Gunev

Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts

Features

Assignments and Collateral Assignments of Commercial Leases Image

Assignments and Collateral Assignments of Commercial Leases

Terrence M. Dunn

What Tenants and Landlords Should Know There are differences between assignments of leases and collateral assignments of leases, and each has aspects that parties to these agreements should expect and look out for. Let's discuss some of these issues.

Features

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions Image

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions

Paige Ammons & Preston Burton

In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however

Features

Supreme Court's October Term 2018 Contains Hints of Things to Come Image

Supreme Court's October Term 2018 Contains Hints of Things to Come

Harry Sandick & Tara Norris

Part Two of a Two-Part Article In Part One of this article last month, we discussed several of the key business crimes cases from the recently concluded October Term 2018. We resume this discussion in Part Two of our article and offer some concluding thoughts about where the Court may go next in the years to come.

Features

Insider Trading Policies and Cybersecurity Image

Insider Trading Policies and Cybersecurity

Michael J. Rivera & Abby I. Yi

Cybersecurity has been a high priority topic for the SEC the past few years. In September 2017, the SEC created a Cyber Unit within its Enforcement Division. This Cyber Unit had over 225 active investigations at the SEC's 2018 fiscal year end. The SEC has focused in particular on cybersecurity risks facing public companies.

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