Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Collaborative Family Law Practice and You
Have you considered making your matrimonial practice collaborative? That's the system currently gaining favor around the country whereby divorcing couples seek to resolve issues with the aid of collaborative attorneys who take part in discussions involving both divorcing parties and their attorneys. The goal is to bring all parties to a solution that is as mutually satisfying as possible with as little friction as possible. The collaborative method came into being in 1990 when Minnesota attorney Stuart Webb and some of his colleagues formed a group they called the Collaborative Law Institute. Since then, a number of other regional groups have formed around the United States.
How is collaborative law different from mediation? The main difference is that in mediation, the divorcing parties represent themselves, discussing issues with the help of the mediator. And while the mediator may give information about the law to the parties, he or she cannot offer either of them legal advice. This system may work well for some divorcing couples, but it may not be for everyone. For instance, the husband and wife may have different levels of knowledge or one might simply be more assertive than the other, rendering the balance of power uneven. For them ' or at least for the disadvantaged spouse in this equation ' mediation may not be the best answer.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.