Author: National Law Forum

A group of in-house attorneys developed the National Law Review on-line edition to create an easy to use resource to capture legal trends and news as they first start to emerge. We were looking for a better way to organize, vet and easily retrieve all the updates that were being sent to us on a daily basis.In the process, we’ve become one of the highest volume business law websites in the U.S. Today, the National Law Review’s seasoned editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists. There is no log in to access the database and new articles are added hourly. The National Law Review revolutionized legal publication in 1888 and this cutting-edge tradition continues today.

Don’t be Late, for That Very Important [Bar] Date!

The National Law Review recently published an article by Renée M. Dailey and Chrystal J. Szeto of Bracewell & Giuliani LLP regarding Bar Dates:

On March 13, 2012 the Queen of Hearts in the Fifth Circuit Court of Appeals showed no sympathy for the White Rabbit’s plight and denied a creditor’s appeal of an order disallowing its late filed proof of claim in the DHL Master Land Holding LLC bankruptcy case.1

The bank-creditor (the “Bank”) received its invitation to DHL’s chapter 11 proceeding in February of 2010, but did not notify its counsel of the matter until “late May, early June” and directed them to focus on DHL’s non-debtor affiliates as co-debtors on obligations owed to the Bank.

The White Rabbit finally arrived to see the Queen a full 42 days after the June 2, 2010 Bar Date. Realizing its tardiness, the Bank filed a motion to permit the late filing, claiming its counsel was responsible and that it should not be beheaded for counsel’s mistake. The Bank also claimed that its lateness would not prejudice the debtor since it had been aware of the Bank’s claim since the start of the bankruptcy proceeding. The creditors’ committee objected to the Bank’s motion on the grounds that the Bank failed to show excusable neglect, and, after considering the evidence, the bankruptcy court denied the Bank leave to file a late claim. The bankruptcy court pointed to the fact that the Bank had notice of the proof of claim bar date well in advance of the deadline and had failed to inform its counsel when it hired them just days before the date in question. On appeal, the district court affirmed, finding no abuse of discretion in the bankruptcy court’s decision.

The Bank further appealed to the circuit court, claiming that the district court erred in affirming the bankruptcy court’s finding that inadvertence did not constitute “excusable neglect.” The Fifth Circuit disagreed. After considering all of the relevant factors, including the danger of prejudice to the debtor, length of the delay and potential impact to the proceedings, the reason for the delay, and whether the movant acted in good faith, the Fifth Circuit confirmed the “off with their heads!” approach of the lower courts and denied the Bank’s appeal.

As with all entertaining stories, there is a valuable underlying lesson. Here the looking glass is clear: the bankruptcy court is no Mad Hatter’s eternal tea party, and time does not stand still when filing proofs of claim.

________________________

1 In re DLH Master Land Holding, 2012 U.S. App. LEXIS 5248 (5th Cir. Mar. 13, 2012).

© 2012 Bracewell & Giuliani LLP

ICC Conference Cross-Border Sales – April 19, 2012

The National Law Review is pleased to bring you information about the upcoming ICC Conference Cross-Border Sales in London April 19, 2012:

What is the Best Legal Framework for Business-to-Business Contracts?

Thursday, 19 April 2012
London, United Kingdom

Objective

The contract of sale is certainly the most commonly used agreement in international commerce. When drafting a sales contract or general conditions of sale (or purchase) to be used in cross border trade, it is essential to choose the legal framework (applicable law) within which the agreement is to be placed.

Choosing one solution instead of another may have very important effects on the rights and obligations of the parties. Parties therefore need to have the information which is necessary in order to make the best possible choice between the various alternatives.

The speakers will examine and discuss on one side the project of a Common European Sales Law, which has been recently proposed by the European Commission, and on the other side the CISG (Vienna Sales Convention), which is the law applicable to cross-border sales in most countries of the world.

Members of the ICC task force that has been revising the ICC Model International Sales Contract will also take the opportunityto discuss their approach and present issues that have been the subject of relevant discussion.

Who should attend?

Legal directors and corporate counsel from companies involved in international trade, practising lawyers, legal practitioners advising international trading companies, business people involved in international trade and dispute resolution

From the Office of Special Counsel: Anatomy of an OSC Investigation

An article regarding The Anatomy of an OSC Investigation written by Dawn M. Lurie of Greenberg Traurig, LLP recently appeared in The National Law Review:

GT Law

The phone rings.

“Hello, this is Attorney Smith with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, may I speak to the Human Resource manager in charge of your Form I-9 process?”

You say to yourself, “This is not good. I have no idea what this government agency is — Office of the Special Counsel for…what?” Your gut confirms: this does not sound good at all.

“This is she. I’m sorry, you are with whom?”

“The Office of Special Counsel for Immigration-Related Unfair Employment Practices…the OSC. I’m calling about a complaint our office received regarding your company re-verifying Permanent Residents, requiring applicants to complete Forms I-9 before you offer them employment and, last but not least, asking certain employees to bring in Social Security cards.”

You ask yourself, “Is this as serious as it sounds? What do I do now?”

What is the The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC for short)?

The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act (INA), which protects work-authorized individuals from discrimination during the process of hiring, firing, employment eligibility verification, and recruitment or referral for a fee on the basis of citizenship status and national origin. The statute also protects all work-authorized individuals from retaliation in connection with exposing such practices or asserting their rights under the law’s anti-discrimination provision.What is the The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC for short)?

OSC provides a hot-line where employees can report concerns and discuss complaints that they often will make queries to ascertain. As a result of receiving a call, OSC attorneys will review the facts and determine if a basis exists for moving
forward. Often times there are miscommunications that can be cleared up at the initial stage. This can be done through educating the employer and/or clarifying the situation with the employee.

What happens when an actual charge is received?

OSC investigates every complete charge received, although many charges are dismissed as incomplete for lack of jurisdiction or failure to state a claim that indicates a violation of the INA’s anti-discrimination provisions. OSC also conducts self-initiated or independent investigations when it discovers information that suggests a possible violation of the INA’s anti-discrimination statute by an employer. This information is often the result of an unrelated investigation.

Timeline

Within 10 days of receiving a complete charge, the Equal Opportunity Specialist (EOS) or attorney assigned to a case sends letters to the person or group bringing the charge, the Office of the Chief Administrative Hearing Officer (OCAHO), and the entity allegedly violating the INA anti-discrimination provision.The letter explains the filing of a complete charge and the time frame of an initial investigation (120 days). Respondents are directed to submit additional information and documents relevant to the investigation. If your company receives a letter from OSC, it should be taken very seriously and the response should be reviewed by counsel.

By the 120th day, OSC determines whether there is reasonable cause to believe that a violation of the INA’s antidiscrimination statute has occurred, whether to continue investigating the charge for an additional 90 days, or whether to dismiss the charge. Irrespective of OSC’s decision, the person or group bringing the claim receives a letter stating that he or she has 90 days from the date of receiving OSC’s 120-day letter to submit a complaint with OCAHO even if OSC ultimately declines to pursue its own complaint. At this point, the OSC also notifies the respondent of the status of its investigation.

At this point, we often recommend a review of companies’ policies as they relate to immigration compliance, including the hiring process, E-Verify procedures, and Form I-9 completion, even if these policies are outside the scope of the specific information being investigated by OSC. OSC attorneys are bright, resourceful, and relentless when necessary, and we have found them to be knowledgeable adversaries. Fortunately, we have been able to work with OSC at the initial investigation stage in a number of matters, including instituting compliance safeguards and closing out investigations with settlement agreements when appropriate. When an investigation continues past the initial 120-day period, OSC must decide by the 210th day whether to dismiss the case, begin settlement negotiations, or file a lawsuit. In cases where the OSC attorney is unable to render a decision within 210 days, both parties generally agree to additional time.

What does this mean to my company?

Investigations by the OSC should be taken very seriously and internal reviews of employment verification practices must be central to companies’ overall compliance strategies. Companies must ensure that they abide by the INA’s anti-discrimination provisions and treat all employees consistently by not arbitrarily requiring employees to provide new or updated Form I-9 information or document copies. It is important to note, however, that companies do not need to run very far afoul of the law to trigger the OSC’s attention. Indeed, the Obama administration has resurrected the use of civil fines for Form I-9 violations and intensified the government’s enforcement efforts to actively pursue employers who engage in discriminatory hiring practices. Companies contacted by the OSC should immediately retain experienced immigration counsel and assess potential liability at additional locations, if applicable.

Examples of recent investigations by the Office of Special Counsel (OSC)

On January 4, 2012, the Justice Department reached a settlement with the University of California San Diego Medical Center over allegations that it subjected newly hired non-U.S. citizens to excessive demands for documents verifying their employment eligibility but did not impose the same requirement on newly hired U.S. citizens. The Immigration and Nationality Act (INA) prohibits employers from discriminating against employees on the basis of citizenship status or national origin by imposing disproportionate documentary burdens during the hiring and employment eligibility verification processes. Under the terms of the agreement, the Medical Center will implement new employment eligibility verification policies to ensure equal treatment of all employees, pay a $115,000 civil penalty, conduct supplemental training of its human resources personnel, and coordinate with the Department of Justice to maintain compliance with proper employment eligibility verification processes across all University of California campuses, medical centers and facilities. To date, the Medical Center has taken appropriate measures to comply with the INA’s anti-discrimination provision and has received a Department of Homeland Security and U.S. Immigration and Customs Enforcement (ICE) training on how to properly use work authorization documents.

On December 30, 2011, the Justice Department announced a settlement with Garland Sales, Inc. of Georgia over allegations that the rug manufacturer engaged in discrimination by subjecting employees of Hispanic descent to unnecessary documentary requirements when establishing their eligibility to work in the United States and retaliating against a worker who protested. According to the terms of the settlement, Garland will pay $10,000 in back pay and civil penalties and will undergo training on proper employment eligibility verification practices. The Department’s complaint alleges that Garland required newly hired non-U.S. citizens and foreign-born U.S. citizens to present work authorization documents beyond those required by federal law, including a “green card” in addition to an unexpired driver’s license and an unrestricted Social Security card. The Immigration and Nationality Act (INA) mandates equal treatment of authorized workers during the hiring process, regardless of their national origin or citizenship status.

On December 13, 2011, the Justice Department announced a settlement with S.W.J.J. Inc., or Sernak Farms, of Weatherly, Pennsylvania over allegations that Sernak engaged in discrimination on the basis of citizenship status by preferring to hire temporary visa holders over U.S. citizen applicants and adversely treating its U.S. citizen employees. The Department of Justice investigation revealed that Sernak hired three foreign national workers under the H-2A visa program but did not consider hiring three of the eight U.S. citizens who brought the underlying charge on the belief that H-2A visa holders are more diligent than U.S. workers. Of the five U.S. citizens who were hired, the government’s investigation suggested that Sernak treated them differently than its foreign national employees in the terms and conditions of their employment and then dismissed them because of their citizenship status, a violation of the Immigration and Nationality Act (INA). Under the terms of the settlement, Sernak agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. The company has also agreed to provide its employees with training on the anti-discrimination requirements of the INA, adopt nondiscrimination policies with respect to recruitment and hiring, and maintain and submit records to the Department of Justice for the three-year term of the agreement.

On September 21, 2011, the Office of Special Counsel (OSC) issued a letter of resolution to Glenn Walters Nursery of Cornelius, Oregon, in response to a charge of document abuse and citizenship status discrimination brought by a Legal Permanent Resident. The employee who brought suit alleged that he was fired when he could not comply with an improper request to present a new permanent resident card and thereby demonstrate employment eligibility. The letter of resolution provides that Glenn Walters Nursery will train its human resources staff on the Form I-9 process and the anti-discrimination provision of the INA, implement corrective measures to correct the computer software error that caused the improper document request, refrain from reverifying the employment eligibility of permanent residents whose Permanent Resident Cards expire, and reinstate the employee with seniority, benefits and $12,000 in back pay.

On August 31, 2011, OSC issued a letter of resolution to Dollar Bank of Cleveland, Ohio in response to allegations that the Bank engaged in discriminatory hiring practices based on citizenship status. The employee who brought an action against Dollar Bank alleged that the company declined to hire her because she was a Legal Permanent Resident and not a U.S. citizen at the time of her application. The letter of resolution awards the employee $6,500 in back pay and requires Dollar Bank to consult with OSC about creating a comprehensive training program for its human resources personnel.

On August 30, 2011, OSC issued a letter of resolution to Texas Women’s University (TWU) of Denton, Texas to resolve allegations that the university engaged in citizenship discrimination by denying an internship to the aggrieved employee because he is a Legal Permanent Resident and is not required to register for the Selective Service due to age. In response to his claim that the university preferred to hire U.S. citizens who registered for the Selective Service, the letter of resolution awards the employee $1,023.47 in back pay and requires TWU to consult with OSC to create a comprehensive training program for its human resources personnel.

Crossing the citizenship discrimination spectrum, OSC issued a letter of resolution to Best Packing Services, Inc. of Philadelphia, PA to resolve allegations of discriminatory hiring practices against a U.S. citizen. The letter, issued on August 22, 2011, resolves an employee’s claim that Best Packing Services preferred to hire non-U.S. citizens and denied him employment because he is a U.S. citizen. The letter of resolution provides that the employee receive $1,500 in back pay and requires Best Packing Services to work with OSC to create a comprehensive training program for its human resources personnel.

Resources from the Office of Special Counsel (OSC)

The Immigration Reform and Control Act (IRCA) that created OSC mandates a rigorous outreach effort to educate employers and workers about their rights and obligations under the INA’s anti-discrimination and employer sanctions provisions. To this end, OSC’s outreach materials target employers and workers alike. Resources intended for employer audiences include written materials on avoiding discrimination, navigating the E-Verify process, and posting employment opportunities online, as well as Social Security no-match guidance and information about the Form I-9 documents that refugees, asylees, and individuals with Temporary Protected Status (TPS) may present. In addition to printed materials, OSC also offers a variety of multimedia resources including videos and PowerPoint presentations.

To access these materials, please visithttp://www.justice.gov/crt/about/osc/htm/employer.php. We urge employers to access these resources as part of a robust compliance strategy which includes developing or improving existing compliance plans and providing regular and ongoing training, including anti-discrimination and fraud document seminars, to human resources staff responsible for Form I-9 completion. For up-to-the-minute immigration compliance news, please visit http://immigration.gtlaw.com.

©2012 Greenberg Traurig, LLP.

2012 Young Professionals in Energy International Summit

The National Law Review is pleased to bring you information on the 2012 Young Professionals in Energy International Summit:

2012 YOUNG PROFESSIONALS IN ENERGY INTERNATIONAL SUMMIT

April 23-25, 2012
Planet Hollywood Resort & Casino
Las Vegas, Nevada

About the YPE:

Young Professionals in Energy (“YPE”) is the first and only interdisciplinary networking and volunteer organization for people in the global energy industry – a place where bankers can connect with engineers, accountants with geologists and so on. Our mission is to provide a forum for knowledge sharing and camaraderie among future leaders of the energy industry.

The event will feature panel discussions and presentations by YPE members from around the world on such vital energy issues as the world oil supply, shale, renewable energy, career issues and funding new energy projects.

Confirmed speakers include YPE members from the American Petroleum Institute, ExxonMobil, Fulbright & Jaworski L.L.P. the India Ministry of Petroleum and Natural Gas, the Nevada Institute for Renewable Energy Commercialization, Pemex, the University of Southern California and the U.S. Dept. of Commerce.

Highlighting the three-day conference is a keynote speech by Daniel Yergin, author of the best-selling “The Quest: Energy, Security and the Remaking of the Modern World (www.danielyergin.com).

U.S. Department of Justice Postpones ADA Requirements for Swimming Pools and Spas

Recently The National Law Review published a paper by the Labor and Employment Law Department of Barnes & Thornburg LLP regarding the ADA Requirements for Pools and Spas:

On March 20, 2012, the U.S. Department of Justice (the Department) announced an immediate 60-day postponement of the effective date for the accessibility requirements for pools and spas subject to either Title II (state and local government programs) or Title III (places of public accommodation). These requirements will now take effect on May 21, 2012.

The Department also is contemplating further extending the effective date, and simultaneously issued a Notice of Proposed Rulemaking (NPRM) soliciting public comment as to whether the effective date of the pool and spa requirements should be postponed until Sept. 17, 2012, 180 days from the original effective date. The Department indicated that it was taking this action in order to allow pool owners and operators additional time to address certain misunderstandings regarding these requirements and their application to existing pools and spas.

On Sept. 15, 2010, the Department adopted the 2010 ADA Standards for Accessible Design (2010 Standards), which took effect on March 15, 2012. The 2010 Standards contain requirements for accessible means of entry into and exit from swimming pools and spas as follows:

  • Swimming pools with at least 300 linear feet of pool wall must provide two accessible means of entry and exit from the pool.  At least one means of entry and exit must be either a sloped entry (i.e., ramp) or pool lift that complies with the requirements set forth in Section 1009 of the 2010 Standards.  The second means of entry and exit can be either a transfer wall, transfer system or pool stairs.  (Wave action pools, leisure rivers, sand bottom pools and other pools with only one area for entry are required to provide only one accessible means of entry and exit.)
  • Swimming pools with less than 300 linear feet of pool wall are required to provide only one accessible means of entry and exit, provide that means is either a sloped entry or pool lift.
  • Only one accessible means of entry and exit is required into spas. This means of entry and exit must be either a pool lift, transfer wall or transfer system.  Furthermore, where more than one spa is provided in a cluster, only five percent (5%) of the spas are required to have an accessible means of entry and exit.

On Jan. 31, 2012, the Department issued technical guidance with respect to these requirements, in particular the manner in which they pertain to existing pools and spas.  See “ADA 2010 Revised Requirements: Accessible Pools – Means of Entry and Exit,” available athttp://www.ada.gov/pools_2010.htm ). Use of pool lifts generally is the most convenient method for providing access to existing pools and spas. In its technical guidance and in subsequent correspondence further explaining the pool requirements, the Department indicated that under Title II (state and local government programs), access could be provided through the use of portable pool lifts.  Under Title III, however, the Department indicated the pool lift must be fixed, or at least capable of being affixed to the pool deck or apron when in use; use of portable lifts is permitted only if provision of a fixed lift is not readily achievable. This difference stems from the fact that unlike Title III, which requires the removal of physical barriers to access where readily achievable, Title II permits state and local programs to provide access to existing facilities via alternative methods, including the purchase of equipment, in lieu of making structural modifications. Whether covered under Title II or Title III, however, newly constructed pools must comply with the 2010 Standards, and altered pools must comply to the maximum extent feasible.

In its technical guidance, the Department also indicated that pool lifts must be in place during the hours the pool or spa is open.  Where a facility has multiple pools or spas that are required to be accessible, a pool lift cannot be shared among the pools and spas, unless providing multiple lifts creates an undue burden.

Following issuance of the technical guidance, certain pool owners and operators expressed concern over its substance and urged the Department to permit the use of portable lifts under Title III and to permit pool lifts to be shared among pools.  They also raised safety concerns regarding the Department’s position that pool lifts must be in place during the hours the pool or spa is open.

In issuing its NPRM to further extend the effective date of the pool and spa requirements, the Department emphasized that it will not revisit the merits of the accessibility requirements for pools and spas.  Public comments on the issue of whether the effective date of these requirements should be further extended to Sept. 17, 2012 must be submitted no later than April 4, 2012.

© 2012 BARNES & THORNBURG LLP

Retail Law Conference 2012

The National Law Review is pleased to bring you information about the upcoming Retail Law Conference:

at the Westin Galleria in Dallas, Texas

November 7-9, 2012

This event is the perfect opportunity to discuss the latest issues affecting the retail industry while obtaining important continuing legal education (CLE) credits.

Open to retail and consumer product general counsel, senior legal executives and in-house attorneys and their teams, the exceptional dialogue presented at this conference will help your organization navigate the current legal landscape of the industry.

JOBS Act – Jumpstart Our Business Startups: U.S. House of Representatives Legislation

Recently published in The National Law Review was an article by Jeffrey M. Barrett and Gregory J. Lynch of Michael Best & Friedrich LLP regarding the JOBS Act:

On Thursday, March 8, 2012, the U.S. House of Representatives easily passed a package of bills called the Jumpstart Our Business Startups, or JOBS Act aimed at making it easier for small businesses to go public, attract investors, and hire workers by reducing U.S. Securities and Exchange Commission (SEC) registration requirements and other restrictions.  If it becomes law, the JOBS Act has the potential to significantly reduce the securities compliance costs of raising capital for emerging companies.

The Senate is expected to soon introduce its own version of the legislation and President Obama has indicated his support of the measure.Business Startups, or JOBS Act aimed at making it easier for small businesses to go public, attract investors, and hire workers by reducing U.S. Securities and Exchange Commission (SEC) registration requirements and other restrictions.  If it becomes law, the JOBS Act has the potential to significantly reduce the securities compliance costs of raising capital for emerging companies.

Increase of 500 Investor Threshold to be a Reporting Company

The JOBS Act increases the offering threshold for companies exempted from SEC registration from $5 million – the threshold set in the early 1990s – to $50 million.  The measure also raises the threshold for mandatory registration under the Securities Exchange Act of 1934, as amended, from 500 shareholders to 1,000 shareholders for all companies (and 2,000 shareholders for all banks and bank holding companies) and excludes securities held by shareholders who received such securities under employee compensation plans from the calculation.  Raising the offering and shareholder thresholds is intended to help small companies gain access to capital markets without the costs and delays associated with the full-scale securities registration process.

Crowdfunding

Also included in the legislation is a new registration exemption from the Securities Act of 1933, as amended, for securities issued through internet platforms also known as “crowdfunding.”  To use this new exemption, the issuer’s offering cannot exceed $1 million, unless the issuer provides investors with audited financial statements, in which case the offering amount may not exceed $2 million.  An individual’s investment must be equal to or less than the lesser of $10,000 or 10 percent of the investor’s annual income.  By exempting such offerings from registration with the SEC and preempting state registration laws, the legislation seeks to enable entrepreneurs to more easily access capital from potential investors across the United States to grow their business and create jobs.

Removal of Ban on Small Company Advertisements to Solicit Capital

Lastly, the legislation would remove the prohibition against general solicitation or advertising on sales of non-publicly traded securities, provided that all purchasers of the securities are accredited investors.  The Securities Act of 1933, as amended, currently requires that any offer to sell securities either be registered with the SEC or meet an exemption.  Rule 506 of Regulation D is an exemption that allows companies to raise capital as long as they do not market their securities through general solicitations or advertising.  The legislation would allow small companies offering securities under Regulation D to utilize advertisements or solicitation to reach investors and obtain capital, provided that all purchasers of the securities are accredited investors.  The goal is to allow companies greater access to accredited investors and to new sources of capital to grow and create jobs, without putting less sophisticated investors at risk.

Emerging Growth Companies

The legislation establishes a new category of security issuers, identified as “Emerging Growth Companies” (EGCs), which will be exempt from certain regulatory requirements until the earliest of three conditions: (1) five years from the date of the initial public offering; (2) the date an EGC has $1 billion in annual gross revenue; or (3) the date an EGC becomes what is defined by the SEC as a “large accelerated filer,” which is a company with a  worldwide market value of outstanding voting and non-voting common equity held by non-affiliates (also known as “public float”) of $700 million or more.  The regulatory relief provided by the legislation is designed to be temporary and transitional, encouraging small companies to go public but ensuring they transition to full conformity with regulations over time or as they grow large enough to have the resources to sustain the type of compliance infrastructure associated with more mature enterprises.

© MICHAEL BEST & FRIEDRICH LLP

8th Annual FCPA & Anti-Corruption Compliance Conference

The National Law Review is pleased to bring you information about the upcoming 8th FCPA & Anti-Corruption Compliance Conference:

8th FCPA and Anti-Corruption Compliance Conference
Identifying Changes to the Global Anti-Corruption Compliance Landscape to Maintain and Upgrade Your Existing Compliance Program

Event Date: 12-14 Jun 2012
Location: Washington, DC, USA

Beyond dealing with the FCPA and UK Bribery Act, there are upcoming changes to global Anti-Compliance initiatives being enacted by other major countries. It is imperative that organizations are made aware of these new rules and regulations to be able to meld them all into their organization’s anti-corruption compliance program. Maintaining a robust global compliance program along with performing proper and detailed 3rd party due diligence is of the upmost importance.

Marcus Evans invites you to attend our 8th Annual Anti-Corruption & FCPA Conference. Hear from leading executives within various industries on how to identify new areas of concern when dealing with bribery or working within a company to update an anti-corruption compliance program.

Attending this event will allow you to learn how to mitigate the effects of any possible instances of corruption and bribery both at home and abroad. Discuss solutions and best practices that companies have found when dealing with their anti-corruption compliance programs. This conference will not only review the newest enforcement cases, but also highlight practical solutions to problems dealing with FCPA and global anti-corruption measures.

Attending this conference will allow you to:

-Overcome the issues in dealing and conducting an internal investigation with Dell
-Identify anti-corruption liability concerns for US companies when engaging in Joint Ventures and Mergers and Acquisitions with Crane Co.
-Perform anti-corruption audits to better identify gaps in the compliance program with SojitzCorporation of America
-Promote a culture of ethics within an organization to combat non-compliance with Morgan Stanley
-Assess the continued challenges in conducting a 3rd party due diligence program with Parker Drilling

The marcus evans 8th Annual Anti-Corruption & FCPA Conference is a highly intensive, content-driven event that includes, workshops, presentations and panel discussions, over three days. This conference aims to bring together heads, VP’s, directors, chief compliance officers, and in-house counsel in order to provide an intimate atmosphere for both delegates and speakers.

This is not a trade show; our 8th Annual Anti-Corruption & FCPA Conference is targeted at a focused group of senior level executives to maintain an intimate atmosphere for the delegates and speakers. Since we are not a vendor driven conference, the higher level focus allows delegates to network with their industry peers.

GOP Super PAC Men Seek to Overturn Donation Limits: Conservatives Set Sights on Repealing Election-Cycle Contribution Limits to Candidates

An article by Michael Beckel of the Center for Public Integrity was recently published in The National Law Review.  The article discussed Donation Limits from PAC’s:

GOP super PAC men want to make it easier to donate to dozens of candidates

Conservatives set sights on repealing election-cycle contribution limits to candidates

As unlimited contributions flow into super PACs this year, one man is at the center of a new effort to allow people to donate more money, to more candidates, at the national stage.

“I don’t believe government is there to limit us,” Shaun McCutcheon told iWatch News.

McCutcheon is a 44-year-old general contractor in Alabama. He’s the owner, founder and president of Coalmont Electrical Development. He’s a member of the Republican Party who admits he may have a bit of a libertarian streak. And he’s also the treasurer of a super PAC called the “Conservative Action Fund.”

That’s a group that spent more than $43,000 opposing House Financial Services Committee Chairman Spencer Bachus (R-Ala.) in Tuesday’s GOP primary in Alabama, although it has mostly targeted Democrats with its attacks.

In one advertisement it produced last fall, the super PAC accused President Barack Obama of implementing “draconian laws and regulations.” And it aired another adthat featured a “surfing rabbi” and computer-animated versions of Obama, along with New York Democrats Anthony Weiner and David Weprin, dancing in hot dog costumes — all while encouraging voters to support Republican Bob Turner in the special election to replace Weiner after his sexting scandal.

Now McCutcheon is requesting that the FEC repeal the existing biennial limit on how much money individuals can donate to federal candidates.

McCutcheon wants to donate at least $51,900 to multiple federal candidates ahead of the elections this November, spread across more than two dozen conservative politicians, according to documents released by the FEC on Wednesday.

Campaign finance laws, however, currently cap the amount of money individuals can donate to federal candidates at $46,200. (That amount is increased slightly for inflation during odd-numbered years. In 2010, the aggregate limit for donations to candidates during the two-year election cycle was $45,600.)

Federal rules prohibit a person from giving more than $2,500 per candidate per election, with the primary and general election being viewed as separate elections. McCutcheon says he doesn’t want to exceed that amount to any one candidate; he just wants to be able to donate to more candidates than the current cap allows.

Some simple algebra indicates a person would reach the current aggregate limit by giving $2,500 a piece to about 18.5 candidates, or by giving $5,000 a piece to about 9.25 candidates. McCutcheon, according to the request filed with the FEC, wants to donate to 27, all of whom are challengers, with the exceptions of incumbent Reps. Martha Roby (R-Ala.) and Michele Bachmann (R-Minn.), the founder of the House Tea Party Caucus who unsuccessfully ran for the 2012 GOP presidential nomination.

A question of corruption

In his request before the FEC, McCutcheon is represented by attorneys Steve Hoersting, and Dan Backer of the D.C.-based DB Capitol Strategies and Jerad Najvar of the Houston-based Najvar Law Firm.

Hoersting, who co-founded the First Amendment rights-focused Center for Competitive Politics, and Backer are experienced campaign finance litigators. Their successes include 2011’s Carey v. Federal Election Commission federal court ruling, which granted most political action committees the ability receive unlimited contributions to fund independent political advertisements in a segregated bank account, separate from the money they typically collect to dole out donations to candidates.

These men believe that the U.S. Supreme Court’s 2010 Citizens United v. Federal Election Commission decision, which allowed unlimited spending by corporations and unions on political advertisements, provides a “solid” foundation for bringing forward McCutcheon’s request at this moment in time.

“The Supreme Court has been clear: campaign finance laws are constitutional when they prevent the corruption of candidates, and unconstitutional when they constrain some speakers to equalize others,” Hoersting told iWatch News.

“An aggregate limit on how much one individual can give to all candidates,” he continued, “constrains speakers without preventing either any additional corruption of candidates or circumvention of the $2,500 limit that any single candidate may receive.”

But not all campaign finance observers agree.

Paul Ryan, an attorney at the nonpartisan Campaign Legal Center, which favors campaign finance regulations, says the limit reduces the threat of corruption.

Absent that limit, Ryan argues, a wealthy donor, if he or she wanted, could give $2,500 or even $5,000 to all 535 members of Congress. Furthermore, that donor could also write $5,000 checks to each and every challenger to “ensure access” even if the incumbents lose. And if a wealthy donor gave millions of dollars to every candidate and officeholder, “the public would most certainly be left with the reasonable impression that the wealthy donor had all of Congress in [his or her] pocket.”

“This would surely undermine the electorate’s faith in our democracy,” he said.

For his part, McCutcheon has already donated more than $143,000 to federal candidates and political committees, according to an iWatch News analysis of campaign finance filings with the FEC.

He’s only donated $7,500 to federal candidates — $2,500 to Alabama Republican House candidate Scott Beason and $5,000 to Ohio Republican Senate candidate Josh Mandel. The bulk of McCutcheon’s giving this cycle has been to his super PAC, the Conservative Action Fund, to which he has contributed $82,300, including $75,000 in loans.

This election cycle, he also loaned a hefty chunk of change to another super PAC that he was involved with: “America Get Up,” which he gave $31,500, about half of which was repaid before the super PAC, which was formed in March of 2011, closed its doors last summer.

McCutcheon served as the treasurer of the now-defunct group, which was founded by Dale Peterson, the quick-talking, horse-riding, cowboy hat-wearing, gun-toting candidate for the Alabama Agriculture Commissioner whose first campaign ad in 2010 became an internet phenomenon.

Backer, of DB Capitol Strategies, was also involved with both America Get Up and the Conservative Action Fund, and as the assistant treasurer for each group, he regularly filed their paperwork with the FEC.

FEC may not have final say

While individuals are free to donate as much as they please to super PACs, that’s not the case with federal candidates, party committees or traditional PACs. And some say this new request before the FEC is unlikely to change that any time soon.

“The FEC has absolutely no authority to grant this request,” Larry Noble, an attorney who specializes in campaign finance law at D.C.-based firm Skadden, Arps, toldiWatch News. “A federal agency cannot declare an act of Congress unconstitutional.”

The existing contribution limits were set by Congress in the Bipartisan Campaign Reform Act of 2002, often called the “McCain-Feingold” campaign finance law after its chief sponsors in the U.S. Senate.

Action by the judicial branch of government would be required to declare the election-cycle aggregate contribution limits unconstitutional. And if the courts become involved in this fight, some political observers say the U.S. Supreme Court under the leadership of Chief Justice John Roberts may be sympathetic to McCutcheon’s case.

One such person is Rick Hasen, an election law expert and professor at the University of California-Irvine law school.

“I’ve thought for a long time that the aggregate limits could be in trouble before the Roberts Court,” Hasen told iWatch News.

That may be precisely where McCutcheon’s legal team hopes their case goes.

“I would not be surprised if the FEC is not the final stop in this matter,” said attorney Backer.

Reprinted by Permission © 2012, The Center for Public Integrity®

2012 National Law Review Law Student Writing Competition

The National Law Review is pleased to announce their 2012 Law Student Writing Competition

The National Law Review (NLR) consolidates practice-oriented legal analysis from a variety of sources for easy access by lawyers, paralegals, law students, business executives, insurance professionals, accountants, compliance officers, human resource managers, and other professionals who wish to better understand specific legal issues relevant to their work.

The NLR Law Student Writing Competition offers law students the opportunity to submit articles for publication consideration on the NLR Web site.  No entry fee is required. Applicants can submit an unlimited number of entries each month.

  • Winning submissions will be published according to specified dates.
  • Entries will be judged and the top two to four articles chosen will be featured on the NLR homepage for a month.  Up to 5 runner-up entries will also be posted in the NLR searchable database each month.
  • Each winning article will be displayed accompanied by the student’s photo, biography, contact information, law school logo, and any copyright disclosure.
  • All winning articles will remain in the NLR database for two years (subject to earlier removal upon request of the law school).

In addition, the NLR sends links to targeted articles to specific professional groups via e-mail. The NLR also posts links to selected articles on the “Legal Issues” or “Research” sections of various professional organizations’ Web sites. (NLR, at its sole discretion, maydistribute any winning entry in such a manner, but does not make any such guarantees nor does NLR represent that this is part of the prize package.)

Congratulations to our 2012 and 2011 Law Student Writing Contest Winners

Winter 2012:

Fall 2011:

Why Students Should Submit Articles:

  • Students have the opportunity to publicly display their legal knowledge and skills.
  • The student’s photo, biography, and contact information will be posted with each article, allowing for professional recognition and exposure.
  • Winning articles are published alongside those written by respected attorneys from Am Law 200 and other prominent firms as well as from other respected professional associations.
  • Now more than ever, business development skills are expected from law firm associates earlier in their careers. NLR wants to give law students valuable experience generating consumer-friendly legal content of the sort which is included for publication in law firm client newsletters, law firm blogs, bar association journals and trade association publications.
  • Student postings will remain in the NLR online database for up to two years, easily accessed by potential employers.
  • For an example of  a contest winning student written article from Northwestern University, please click here or please review the winning submissions from Spring 2011.

Content Guidelines and Deadlines

Content Guidelines must be followed by all entrants to qualify. It is recommended that articles address the following monthly topic areas:

  • March Topic Feature:  Environmental and Energy, Insurance and Intellectual Property Law
  • March Submission Deadline:  Tuesday, February 21, 2012
  • May Topic Feature:     Tax, Bankruptcy and Restructuring and Healthcare Law
  • May Submission Deadline:  Monday, April 16, 2012

Articles covering current issues related to other areas of the law may also be submitted. Entries must be submitted via email to lawschools@natlawreview.com by 5:00 pm Central Standard Time on the dates indicated above.

Articles will be judged by NLR staff members on the basis of readability, clarity, organization, and timeliness. Tone should be authoritative, but not overly formal. Ideally, articles should be straightforward and practical, containinguseful information of interest to legal and business professionals. Judges reserve the right not to award any prizes if it is determined that no entries merit selection for publication by NLR. All judges’ decisions are final. All submissions are subject to the NLR’s Terms of Use.

Students are not required to transfer copyright ownership of their winning articles to the NLR. However, all articles submitted must be clearly identified with any applicable copyright or other proprietary notices. The NLR will accept articles previously published by another publication, provided the author has the authority to grant the right to publish it on the NLR site. Do not submit any material that infringes upon the intellectual property or privacy rights of any third party, including a third party’s unlicensed copyrighted work.

Manuscript Requirements

  • Format – HTML (preferred) or Microsoft® Word
  • Length – Articles should be no more than 5,500 words, including endnotes.
  • Endnotes and citations – Any citations should be in endnote form and listed at the end of the article. Unreported cases should include docket number and court. Authors are responsible for the accuracy and proper format of related cites. In general, follow the Bluebook. Limit the number of endnotes to only those most essential. Authors are responsible for accuracy of all quoted material.
  • Author Biography/Law School Information – Please submit the following:
    1. Full name of author (First Middle Last)
    2. Contact information for author, including e-mail address and phone number
    3. Author photo (recommended but optional) in JPEG format with a maximum file size of 1 MB and in RGB color format. Image size must be at least 150 x 200 pixels.
    4. A brief professional biography of the author, running approximately 100 words or 1,200 characters including spaces.
    5. The law school’s logo in JPEG format with a maximum file size of 1 MB and in RGB color format. Image size must be at least 300 pixels high or 300 pixels wide.
    6. The law school mailing address, main phone number, contact e-mail address, school Web site address, and a brief description of the law school, running no more than 125 words or 2,100 characters including spaces.

To enter, an applicant and any co-authors must be enrolled in an accredited law school within the fifty United States. Employees of The National Law Review are not eligible. Entries must include ALL information listed above to be considered and must be submitted to the National Law Review at lawschools@natlawreview.com. 

Any entry which does not meet the requirements and deadlines outlined herein will be disqualified from the competition. Winners will be notified via e-mail and/or telephone call at least one day prior to publication. Winners will be publicly announced on the NLR home page and via other media.  All prizes are contingent on recipient signing an Affidavit of Eligibility, Publicity Release and Liability Waiver. The National Law Review 2011 Law Student Writing Competition is sponsored by The National Law Forum, LLC, d/b/a The National Law Review, 4700 Gilbert, Suite 47 (#230), Western Springs, IL 60558, 708-357-3317. This contest is void where prohibited by law. All entries must be submitted in accordance with The National Law Review Contributor Guidelines per the terms of the contest rules. A list of winners may be obtained by writing to the address listed above. There is no fee to enter this contest.