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Custody Update
The Fall season has witnessed movement on issues of child custody and adoption by same-sex couples. These issues do not attract the same amount of attention from the general media has marriage, but they could change partnership and parenting law as radically as marriage-related lawsuits and legislation.
The American Civil Liberties Union (ACLU) has been busy appealing states' laws that ban adoptions (and in some cases, foster parent status) for same-sex couples. The major issues that the ACLU is targeting are: bans on gays as foster parents in Arkansas and Nebraska; a ban on adoptions by gays in Florida; and a ban on adoption by gay couples (not gay individuals) in Mississippi.
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.