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|Seven Things Business Owners Need To Know About Bankruptcy Preferences|
Mark Ludolph; Heyl, Royster, Voelker & Allen Professional Corporation;
July 26, 2016, previously published on Spring 2016Most business owners have experienced the frustration of a customer filing for bankruptcy, leaving a substantial unpaid balance. In some cases, you file your proof of claim with the bankruptcy court and await the resolution to determine what, if any, distribution (usually pennies on the dollar) you...
|Earn-Out Constructs: Getting the Matrix Right|
Duane Morris LLP;
July 23, 2016, previously published on May 9, 2016“The carrying power of a bridge is not the average strength of the pillars, but the strength of the weakest pillar.” - Zygmunt Bauman
|U.S. Department of Justice Announces New FCPA Pilot Program Designed to Encourage Companies to Self-Report Bribery|
Duane Morris LLP;
July 23, 2016, previously published on April 7, 2016On April 5, 2016, the U.S. Department of Justice (DOJ), Fraud Section, announced a series of bold steps to encourage companies to come forward and disclose their wrongdoing in the anti-corruption arena. While this likely ensures that the wave of Foreign Corrupt Practices Act (FCPA) cases and...
|U.S. Supreme Court Concludes That Implied False Certification Is Allowed but Limited; FCA Liability Is Expanded|
Duane Morris LLP;
July 22, 2016, previously published on June 16, 2016A business may now not know whether it committed fraud until the government chimes in.
|Indirect Causation Accepted by Australian Court in Shareholder Claim|
John Emmerig, Michael Legg; Jones Day;
July 22, 2016, previously published on July 2016The plaintiffs acquired HIH shares between 26 October 1998 and 15 March 2001. The plaintiffs contended, and the defendants admitted, that HIH had released misleading and deceptive financial results during this period.
|New Filing Obligations at Companies House|
Alison Paines, Chris Priestley; Withers Bergman LLP;
July 21, 2016, previously published on June 30, 2016From 30 June the annual return is to be replaced with an annual confirmation statement; the statement should be less burdensome for charitable companies to complete as it simply requires confirmation that all changes in circumstances, such as the appointment and retirement of directors/trustees and...
|Maximize The Protection Offered By Louisiana's Non-Compete Law When Buying a Louisiana Business|
Jude C. Bursavich; Breazeale, Sachse & Wilson, L.L.P.;
July 20, 2016, previously published on June 2016When purchasing an existing Louisiana business, a buyer should make sure as part of the sale that the seller doesn’t immediately open up a competing business. How do you do so under Louisiana law? How long can a buyer be protected from competition from the seller? While Louisiana law on...
|Madden v. Midland Funding, LLC: Supreme Court Denies Review of Controversial Second Circuit Ruling|
Traci L. Lovitt, Matthew A. (Matt) Martel, Anthony M. (Tony) Masero, Joseph B. (Joe) Sconyers; Jones Day;
July 15, 2016, previously published on June 2016On June 27, 2016, the United States Supreme Court denied certiorari in Madden v. Midland Funding, LLC. This outcome is consistent with the Solicitor General's position that further review is not appropriate at this time. We previously addressed this case and petition here and the Solicitor...
|Second Circuit Rejects Government's Theory of Fraud in Major FIRREA Case: Court's Ruling Restricts When a Contractual Breach May Be Held Fraudulent Under Federal Law|
Harold K. Gordon, Lisa M. Ledbetter, Rajeev Muttreja; Jones Day;
July 15, 2016, previously published on July 2016On May 23, 2016, the U.S. Court of Appeals for the Second Circuit reversed a nearly $1.3 billion civil penalty imposed against Countrywide Home Loans, Inc. and related defendants (collectively, "Countrywide") under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989...
|Indonesia Loosens Foreign Investment Limits, but Some Industries Remain Protected|
Michelle Angela, Elizabeth Cole, Sushma Jobanputra, Paul C. Kuo; Jones Day;
July 12, 2016, previously published on June 2016On May 18, 2016, the Indonesian government revised its Negative Investment List (Daftar Negatif Investasi or DNI) through Presidential Regulation No. 44 of 2016. The revised Negative Investment List, which was part of a recent series of economic stimulus packages, creates opportunities for foreign...