New York Law Journal | Analysis
By Christopher T. Zona | July 5, 2024
For those who advise clients on matters relating to cross-border compliance, the Foreign Corrupt Practices Act has been the primary federal anti-bribery law since 1977. That was until 2023, when President Biden signed into law the Foreign Extortion Prevention Act. In doing so, the federal government filled a longstanding gap that was unaddressed: the "demand side" of foreign bribery and corruption.
New York Law Journal | Analysis
By Ellen M. Murphy, E. Scott Morvillo and Matthew Catalano | July 5, 2024
The DOJ and certain individual U.S. Attorney's Offices have announced six different voluntary self-disclosure or whistleblower policies and programs. With the proclamation of each one, the DOJ sent a clear message that they remain focused on corporate enforcement and want to incentivize companies and corporate insiders to self-report corporate malfeasance.
New York Law Journal | Analysis
By Chuck Kreindler, Jeff Kern and Michael Gilbert | July 5, 2024
The U.S. Supreme Court and numerous circuit courts are seriously narrowing the scope of behavior that constitutes criminal fraud. This developing legal landscape requires defense counsel to rethink strategies on how to best defend against federal criminal fraud allegations.
New York Law Journal | Analysis
By Mark E. Bini, Kaela Dahan and Victoria L. Jaus | July 5, 2024
Two recent cases illustrate that the detention or release of foreign white-collar defendants pending trial almost always rests upon the DOJ's recommendation, and appears to result in sometimes inconsistent results.
New York Law Journal | Analysis
By Thomas E. L. Dewey | July 3, 2024
In 'In re Tenaris S.A. Securities Litigation', Judge Kiyo Matsumoto found that the proposed settlement satisfied both procedural and substantive fairness. As to procedural fairness, the court found that the settlement resulted from arm's-length negotiations enhanced by substantial discovery and that lead plaintiffs and lead counsel had adequately represented the settlement class because they had engaged in "vigorous advocacy" on its behalf.
New York Law Journal | Analysis
By Jeffrey A. Galant | July 3, 2024
A noteworthy aspect of such planning, and the focus of this article, is the benefit, if any, of planning in advance for the relief from certain federal income tax liabilities potentially available to a married couple who reside together.
New York Law Journal | Analysis
By C. Raymond Radigan and Tara E. Mahon | July 3, 2024
A fiduciary of an estate must carefully balance his or her responsibilities to creditors of the decedent and to beneficiaries of the estate. A fiduciary "must act in good faith in the treatment of both" creditors and beneficiaries.
New York Law Journal | Analysis
By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske | July 3, 2024
This is part three in a series of articles explaining the fundamentals of Commercial Division practice. The article addresses key dates and deadlines that arise when litigating in the Commercial Division.
New York Law Journal | Analysis
By Mimi Lamarre | July 3, 2024
Candidates are now meeting around six to 10 attorneys at a firm, while in previous years they had to meet four or five, noted one recruiter.
New York Law Journal | Analysis
By Lara Flath, Jacob Fargo and Gaby Colvin | July 2, 2024
This article provides an overview of the rules that authorize courts to impose sanctions and examples of courts employing this power, particularly via monetary fines and other penalties, to deter discovery violations.
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