Features
Despite Rhetoric On Individual Accountability, Recent FCPA Enforcement Has Targeted Entities
With ample bravado, in recent years the FCPA unit of the DOJ and the SEC have proclaimed that holding individuals accountable for foreign bribery schemes is of "critical importance," with the FCPA saying "it is unambiguously this department's first priority" to prosecute individuals in corporate criminal matters. Reviewing the enforcement record, however, one sees that the volume of FCPA enforcement activity with respect to individuals has steadily declined in the last three years.
Features
Second Circuit Sets Up Seven-Factor Test for Third-Party Releases In Bankruptcy Cases
The Second Circuit had a tough call to make in the Purdue Pharmacy bankruptcy appeal: What to do about the release given to the Sackler families who had agreed to contribute $5.5 to $6 billion to Purdue's reorganization plan but were not themselves in bankruptcy.
Features
Bankruptcy Court Highlights Pitfalls to Avoid When Retaining Experts
Simply because the expert is retained by counsel in anticipation of litigation, does not automatically render all communications privileged.
Features
Bankruptcy Judge Dismisses 3M Unit's Earplug Case, Concluding It Had No 'Valid Reorganization Purpose'
U.S. Chief Bankruptcy Judge Jeffrey Graham found that 3M subsidiary Aearo Technologies, which is financially solvent, had no "valid reorganization purpose" to file for Chapter 11 protection last year.
Features
The Fed Worries About Bank CRE Loans for a Good Reason
The Federal Reserve and other regulators have been focused of late on bank problems, and well they should. But concern is now spreading to commercial real estate and the possibility that interplays between CRE borrowers and lenders could, under current conditions, create a positive feedback loop that could increasingly hurt both.
Features
AI Regulation In the U.S.: What's Coming, and What You Need to Do, Part 2
Part Two of a Two-Part Article In Part One, last month, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two continues the discussion on potential federal AI regulation and what companies can do to prepare.
Features
The Way Big Law Reacts to Economic Cycles Is Unrealistic, Unhealthy and Inhumane
The problem isn't that economies are cyclical, that's a fact of life. The problem here is that Big Law can sometimes have unrealistic reactions to both upturns and downturns. If this happens, it's not in the interests of their own attorneys or their clients. It's inhumane and unhealthy.
Columns & Departments
Fresh Filings
Notable court filings in entertainment law.
Features
Online Extra: The Other Recent Copyright Infringement Lawsuit Against Ed Sheeran
The lion's share of attention to copyright-infringement claims against Ed Sheeran over his song of the Year "Thinking Out Loud" recently focused on the trial in New York federal court in which a jury found in Sheeran's favor in the lawsuit brought by the heirs of a co-author of the 1970s soul-song classic "Let's Get It On." But in September 2022, a related infringement suit over the same songs' matching chord progression and harmonic rhythm was allowed to go forward.
Features
SEC Selective Enforcement Throws Doubt On Whether Securities Rules Apply to Crypto
Digital assets have created a jurisdictional tug of war between the SEC and the CFTC over whether cryptocurrencies should be regulated as commodities or securities. Also tugging on that rope sit those who say cryptocurrencies are neither, and need new bespoke rules.
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