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MERS and the Recording Act
In Merscorp. v. Romaine (see infra), Suffolk County Supreme Court was faced with a clash between the traditionally local real property recording system and the increasingly national secondary mortgage market. The County Clerk's office had refused to accept for recording instruments filed in the name of MERS (Mortgage Electronic Recording Systems, Inc.), prompting a proceeding by MERS and the operating company that owns the MERS system for a writ of mandamus compelling the County Clerk to record and index MERS instruments. The case resulted in a split decision: The County Clerk is required to record MERS mortgages, but not assignments or certificates of discharge. The court's opinion, however, reveals some misunderstanding both of the MERS system and of the recording act.
The Traditional Recording Process
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.