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Southern Wiretap Ruling May Affect New Yorkers
Because so many New York residents have strong ties to Florida and other southern states through second homes and relatives, New York family law attorneys should be aware that a recent decision in the U.S. Court of Appeals for the Eleventh Circuit has altered precedent concerning wiretap legality in Florida, Georgia and Alabama. The case, Glazner v. Glazner, No. 02-11799 (11th Cir. 10/16/03), involved an Alabama husband who, although he had filed for divorce, continued to live with his wife. Because he suspected her of having an affair, he put a recording device on the telephone in the family home. The wife discovered the device and later brought suit against her husband in federal court, claiming he violated her rights under the federal wiretap law by recording her telephone conversations without consent.
Until Glazner, the leading precedent on wiretapping of family telephones in Florida, Alabama and Georgia was Simpson v. Simpson, 490 F.2d 803. (Simpson did not apply to other states in the Eleventh Circuit because it was issued when Florida, Georgia and Alabama were still part of the Fifth Circuit, from which the Eleventh Circuit was formed in 1981. Fifth-Circuit decisions that predate creation of the Eleventh Circuit are binding on the Eleventh Circuit.) Simpson held that Congress, in enacting its 1968 anti-wiretap law, did not intend to prohibit family members from listening in to conversations on extension phones in the home, so absent promulgation of state law on the issue, such “eavesdropping,” was perfectly legal.
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.
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.
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.