In the Courts
August 02, 2015
Analysis of a ruling in which the judge ordered a $2.9 Million payment to a company to offset embezzlement.
Information Is Changing Law Firm Models
August 02, 2015
The standard law firm model that has been in effect for the better part of the last 20 years is becoming less viable, and the way law firms are run is undergoing a subtle, yet significant change, driven largely by information.
Business Crimes Hotline
August 02, 2015
A look at a case in which, following his earlier guilty plea to a single count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), former PetroTiger CEO Joseph Sigelman was sentenced to a three-year term of probation.
Limiting Credit Bidding for 'Cause' Under Section 363(k)
August 02, 2015
Recently, the ABI Commission to Study the Reform of Chapter 11 released its 2012-2014 Final Report and Recommendations in which the Commissioners implicitly rejected the contrary reading of "cause" tendered by the Third Circuit in <I>In re Philadelphia Newspapers, LLC</I>, and both cited and seemingly applied, to some degree, in <I>In re Fisker Automotive Holdings, Inc.</I>
CA Federal Judge Agrees TV Streaming Co. Qualifies for Compulsory License
August 02, 2015
Aereo Inc.'s copyright dispute with the major television broadcasters didn't pan out as the now-bankrupt streaming service had hoped. But after Aereo lost at the U.S. Supreme Court, competitor FilmOn X continued to fight. Now, a Los Angeles federal judge has moved FilmOn closer to winning its battle with broadcasters.
Payments to Investors in a Securitization Structure Protected from Avoidance
August 02, 2015
The Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in the two-tiered securitization structures commonly employed in commercial CMBS transactions are largely protected from fraudulent or preferential transfer claims by the securities contract safe harbor set forth in Bankruptcy Code section 546(e).
Abercrombie Decision Raises the Bar for Accommodating Employees of Faith
August 02, 2015
In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie</I>. The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
Can Cooperation Expose a Company to a Defamation Claim?
August 02, 2015
A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the DOJ, the SEC and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.
