February 28, 2012

Inside Business Law

White Collar Crime Update

  • Not up-to-date on legal developments in white collar crime? Reading the White Collar Crime Committee Newsletter is a great way to stay current on these legal issues. The latest issue contains updates on white collar crime topics such as healthcare fraud, the Foreign Corrupt Practices Act, cyberfraud, and securities fraud.
  • Both the SEC and CFTC established whistleblower rules in 2011 pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act. For a concise summary of the new whistleblower rules, check out this article from the latest issue of the White Collar Crime Committee Newsletter.

M & A Practice in the Early Years

There have been many technological advances in the way M&A deals are documented, negotiated, and closed, as well as a number of significant legal and accounting developments affecting acquisitions. This article from the most recent issue of Deal Points, the newsletter of the Mergers and Acquisitions Committee, allows you to step back and reflect on how this practice has evolved over the past 50 years. It may be enlightening for some, and undoubtedly will provide an opportunity for others to reminisce.

Bankruptcy Law

  • As bankruptcy lawyers are aware, when representing estate fiduciaries, the bankruptcy court must approve the hiring of counsel. Failing to disclose all of counsel's "connections" to the parties-in-interest as required under Rule 2014 can have harsh consequences for bankruptcy counsel. This article from the most recent issue of the Business Bankruptcy Newsletter argues that policies should be adopted so counsel can better understand how to properly comply and avoid sanctions from noncompliance with Rule 2014.
  • Current state and federal law prescribe how health care providers are to store patient medical records. What happens when a health care provider can't afford to store patient medical records in accordance with state and federal law? This article summarizes how the Bankruptcy Code was amended to establish a procedure for the disposal of medical records when there is a bankruptcy and the debtor health care provider cannot afford to store them under state or federal law.

Nonprofit Organizations

  • For national and state updates on legal issues relating to nonprofit organizations, the most recent Nonprofit Organizations Committee Newsletter provides succinct summaries that will be helpful for lawyers with nonprofit clients.