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In the Courts
June 21, 2013
Analysis of a major ruling.
2013 Guidelines Amendments
June 21, 2013
On April 10, 2013, the United States Sentencing Commission promulgated its annual amendments to the federal sentencing guidelines. These amendments continue the trend of stiffened sentences for economic crimes.
Canada Cleans Up
June 21, 2013
The CFPOA makes it a Canadian federal crime to bribe, directly or through a third party, a foreign public official "in order to obtain or retain an advantage in the course of business." How Canada is strengthening its anti-bribery rules.
The Statute of Limitations Governing SEC Actions Against Foreign Defendants
June 21, 2013
There is no express statute of limitations governing lawsuits instituted by the SEC) including for violations of the FCPA; thus, the federal "catch-all" statute of limitations, 28 U.S.C. ' 2462, applies to any such claims for civil penalties.
COMI Maybe
June 21, 2013
COMI (center of main interests) becomes a challenge when a debtor ' whether company or individual ' is effectively multi-national, an increasingly common circumstance.
Defalcation Defined
June 21, 2013
A recent Supreme Court ruling means that all prior lower court decisions addressing the mental state requirement for defalcation have little or no precedential value.
Secured Lender's Loss of Possessory Lien Affirmed
June 21, 2013
The U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently held that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee <I>without first seeking adequate protection."</I>
The Jackson Reforms
June 20, 2013
UK Lord Justice Jackson's case management and litigation cost reforms are the most earth-shattering developments in recent UK civil procedure history, with serious ramifications that extend across the pond to U.S. companies.
Compliance with the SEC's Conflict Minerals Rule
June 20, 2013
With the 2010 Dodd-Frank Act, and "conflict minerals" has become a household word. Here's how to comply with the SEC's Conflict Minerals Rule.
The NLRB's New Focus: Non-Union Employers
June 20, 2013
The NLRB has revisited an age-old doctrine to define a new role for itself that will ensure continued viability outside the context of organized labor. That doctrine is "concerted protected activity,"

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