Affluenza Defense

Questioning “affluenza,” the New York Times asks, Do Rich People Get Off Easier When They Break the Law? Here is what law firms are saying about affluenza:

Dec 11, 2013  Teenager Ethan Couch avoids jail time after driving drunk and killing four people by arguing that his privileged upbringing caused “affluenza“.…
6 days ago  The defense, claiming therapy would be the best option, argued that Couch was the product of “affluenza,” being raised in a family which…/texas-teen-receives-probation-after-killing-4-in- drunk-driving-accident/
Dec 10, 2013 accident to 10 years probation. Defense Claims Drunk Driving Teen Product of “Affluenza” According to CNN, Texas teen Ethan Couch, 16,……/P1440/
Oct 30, 2013  The Growing Use Of Nonstatutory Causes Of Action At ITC. 2013 Was Another Big Year In US Design Rights Decisions. How to cure ‘affluenza?’ Jail time.
3 ott 2011 di utilizzare dispositivi di decodificazione stranieri non risulta giustificata dall’ obiettivo di incoraggiare l’affluenza del pubblico negli stadi.
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31 ago 2011  Legittimazione all’intervento in assemblea ed esercizio del diritto di voto e record date –. Affluenza degli aventi diritto al voto 2010/2011/2012. 0,00%). 10,00%).
10 giu 2011 giustificata ne’ con riguardo all’obiettivo della tutela dei diritti di proprieta’ intellettuale, ne’ dall’obiettivo di incoraggiare l’affluenza del pubblico negli stadi”.) .
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May 21, 2011  “Incentive Trusts, A Cure for ‘Affluenza‘ or A Ruse for Control Beyond the Grave?,” Salt Lake Estate Planning Council, Salt Lake City, Utah, May 17, 2000.
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Dec 30, 2009  is also called “affluenza”). It originated as a “malady . . . that comes from making too many millions too fast,” Maureen Dowd, Liberties; Slouching To- ward ’92 
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May 16, 2009  the “affluenza syndrome” does not infect the family. The best plans change over time as the people for whom they are created change. If a marriage is strong 
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Government Shutdown

What are law firms saying about the government shutdown?  Here are search results available via

Sep 20, 2013  Once again, we face the specter of a government shutdown on October 1, when the current continuing funding resolution expires on September 
4 days ago  If the U.S. House of Representatives and U.S. Senate fail to pass a bill financing the federal government, it will likely result in a partial 
Sep 26, 2013  The looming prospect of a Government shutdown will have a significant impact on the immigration process. Activities of the U.S. Citizenship 
Mar 15, 2011  Conventional wisdom goes that when prevention of an event is impossible, preparation is the best defense. This is certainly the case for federal 
5 days ago  Programs at the Departments of State and Labor are likely to be affected more than others if partialgovernment shutdown occurs on October 1.
3 days ago  As many have anticipated, the U.S. government today closed a number of its non- essential services. Because of last night’s congressional 
21 hours ago  The federal government shutdown has put most federal agency employees who deal with relationships between U.S. employers and their 
5 days ago  With the prospect of a federal government shutdown becoming closer to a reality, several agencies have issued their contingency plans, 
Apr 8, 2011  Summary: Negotiations between the White House, Senate Democrats and House Republicans continue around the clock, in advance of a shutdown-be-on-agencies-and-federal-contractors-04-08-2011/
Sep 23, 2013  The House CR version seeks to defund Obamacare, but also appears predicated on continued implementation of sequestration. The Senate…/Post.aspx?…Government_Shutdown?_


Peer-to-Peer Lending

This is a diagram of a server-based computer n...

(Photo credit: Wikipedia)

Peer-to-peer lending is in the news [link to WSJ article] and law firms are writing about it too.  Here are links to law firm memos on peer-to-peer lending as available via

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Peter Manbeck. Samuel Hu. This document has been prepared by Chapman and Cutler LLP attorneys for information purposes only. It is general in nature and 
Internet-based lending platforms – so called “peer-to-peer” or “person-to-person” ( “P2P ”) facilities – are becoming an increasingly important source of consumer 
Apr 23, 2013  The peer to peer lending industry has rapidly expanded over the last few years. It is anticipated that loans in the region of £500 million will be 
JMW can help you set up a peer to peer lending business. Burnley Savings and Loan was set up by Dave Fishwick with advice from JMW.
JMW Solicitors are experts in the fast moving area of peer to peer funding – contact us for help.…;lending…/peer-to-peer-funding/
Experience and Practices. Practices. Antitrust · Appellate Litigation · Business Litigation · Business Transactions · Construction · Employment · Environmental 
May 4, 2009  Financial markets associates Geoff Thompson and Tonio DeSorrento, supervised by financial markets partner Cam Cowan, are advising a…/counsel-to-peer-to-peer-lending-nonprofit-serving- students-in-the-developing-world-8776.aspx
05/08/13 - Peer-to-peer lending for SMEs – Russell-Cooke in Real Business ( 223.4 KB). Jonathan Thornton and Guy Wilmot, partners in the Corporate 
Be cautious when it comes to peer-to-peer lending sites. 8/15/2009. Securities attorney Shane Hansen gave some cautionary advice to would-be lenders or 




Deferred Prosecution Agreements

SAC Capital may enter a deferred prosecution agreement to resolve criminal charges [link to New York Times].  For examples of deferred prosecution agreements and non-prosecution agreements, see the University of Virginia Law Library’s collection of Federal Organizational Prosecution Agreements. Law firm memos that discuss such agreements are available via

May 10, 2013  The Crime and Courts Act 2013 (the Act) received Royal Assent on 25 April 2013. When they come into force, its provisions will make…/deferred_prosecutionagreementspassintolawi. html
Jan 3, 2013  “Over the last decade, DPAs [Deferred Prosecution Agreements] have become a  (“DPAs”) and Non-Prosecution Agreements (“NPAs”) (collectively, …… Deferred Prosecution Agreement with U.S. Department of Justice…/2012YearEndUpdate- CorporateDeferredProsecution-NonProsecutionAgreements.aspx
Apr 29, 2013  The enactment on April 25, 2013 of the Crime and Courts Act 2013 introduces into UK law for the first time the concept of deferred prosecution 
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Page 1. Case 1:10-cr-00124-CKK Document 2-1 Filed 05/10/10 Page 1 of 49. Page 2. Case 1:10-cr-00124-CKK Document 2-1 Filed 05/10/10 Page 2 of 49 
SEC’s First Non-Prosecution Agreement Exemplifies Government Trend  said that it would consider entering into non-prosecution agreements (“NPA”),  of a ” Cooperation Initiative”: NPAs, deferred prosecution agreements (“DPA”), …..we entered into a deferred prosecution agreement with the Panalpina parent company.
Jul 9, 2013  Deferred Prosecution Agreements (“DPAs”) and Non-Prosecution ….. referred to as a ‘non-prosecution agreement,’ is not the business of the courts. ….. [32] Memorandum in Support of Deferred Prosecution Agreement at 8,…/2013-Mid-Year-Update-Corporate-Deferred- Prosecution-Agreements-and-Non-Prosecution-Agreements.aspx
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Deferred prosecution agreements. July 2012. Freshfields Bruckhaus Deringer LLP. 1. For more information please contact. Paul Lomas. T +44 20 7832 7059.
Jan 4, 2012 Update on Corporate Deferred Prosecution and Non-Prosecution Agreements  relied on Deferred Prosecution Agreements (“DPAs”) and Non-Prosecution …… SEC Uses an FCPA Case for Its First-Ever Deferred Prosecution Agreement. …. 6, 2011); Andrew Keshner, Non-Prosecution Agreement Ruled…/2011YearEndUpdate- CorporateDeferredProsecution-NonProsecutionAgreements.aspx
Jun 28, 2013  From February 2014, the Serious Fraud Office and Crown Prosecution Service will be able to conclude criminal investigations into co-operating…/deferred_prosecutionagreementsdraftsfocp.html
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Section (“this office” or “the Department”) enters into this Deferred Prosecution Agreement. (“the Agreement”), which shall apply to Ingersoll and all its affiliates 

Detroit Bankruptcy

Detroit skyline

Detroit skyline (Photo credit: Bernt Rostad)

Now that Detroit has filed for the largest municipal bankruptcy in US history [link to New York Times], law firms are already posting content about it.  See for law firm memos about the Detroit bankruptcy:

4 days ago  A Michigan judge declared the bankruptcy petition filed by Detroit violates the state’s constitution and ordered it withdrawn. Asked whether that 
3 days ago  Detroit filed its Chapter 9 petition with the United States Bankruptcy Court for the Eastern District of Michigan in downtown Detroit on July 18, chapter-9-bankruptcy-of-detroit-july-2013/
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Jul 1, 2013  restructuring of the City of Detroit’s (“City”) finances, he may be forced to file a petition under chapter 9 of the Bankruptcy Code on behalf of the 
5 days ago  The bankruptcy was filed by the city’s emergency manager Kevyn Orr and  was quoted in the CNN Money article “Detroit Files for Bankruptcy.…
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If Kevin Orr, the Emergency Manager for the City of Detroit, is unable to  of the city’s finances, he may be forced to file apetition under chapter 9 of the Bankrupt- .
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5 days ago  bankruptcy case under chapter 9 of the Bankruptcy Code as a result of over $18  of the Governor,Detroit’s petition attached a very poignant.
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Jun 30, 2013  If Detroit Files for Bankruptcy, Case Likely to Stay Local  the city will meet the same fate as auto companies from the city did when they filed for.
Apr 4, 2013  Several recent class action lawsuits filed against some of West  Court of Appeals Says Unscheduled Debts Are Not Discharged in Bankruptcy.
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bankruptcy petition. The debtor …. courts controlled the Detroit bankruptcy court. Because there  prior to thebankruptcy petition should be paid, even if the.
Nominated as a Michigan Super Lawyer in the area of bankruptcy/creditors’ rights  is a member of the State Bar of Michigan and the American, Federal and Detroit  early payment of pre-petition debt in several tier one supplierbankruptcies 


There is a new push to reenact Glass-Steagall in the Senate [link to Bloomberg News].

Law firm memos about Glass-Steagall are available via

The Glass-Steagall Act was really pretty simple: it set up a legislatively mandated wall between commercial banking and investment banking. It is generally
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Glass-Steagall Act was really pretty simple: it set up  argued for the restoration of Glass-Steagall,  one big line in the sand, a la Glass-Steagall, Dodd-.
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A Brief Note on Why Glass-Steagall Was Repealed¦. Robert Barnett. April, 2013. Sections 20 and 32 of the Glass-SteagallAct were repealed in 1999 when.
Sep 25, 2012  On September 20, 2012, the Financial Services Roundtable (FSR), a trade organization representing the 100 largest financial services
The article presents a brief history of governmental regulation of the banking and securities industries. Additionally, the article covers findings and 
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On 11 April 2011, the Independent Commission on Banking (IC B) published its long awaited interim report.…/banking-regulation-reform-the-uk-approach-to-glass -steagall-legislation-the-vickers-interim-report
Home · Publications; Full Service Brokerage and Glass-Steagall. Add To Build a Report  Full Service Brokerage andGlass-Steagall. Co-author. 1988. 4 Rev.
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the Glass-Steagall Act, contained in legislation known as the Gramm-Leach-  down. However, Mr. Weill never asserted that the repeal of Glass-Steagall.
Rethinking the Last Prohibition of Glass-Steagall: The Case for Allowing Bank Direction of Open-End Mutual Funds. Annual Review of Banking Law. 1991. Case_for_Allowing_Bank_Direction_of_Open-End_Mutual_Funds…
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