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Litigation
At press time, there were just a few weeks to go before Election Day. And same-sex marriage issues remained prominent in many states across the country. Two states already voted this fall to add bans on same-sex marriage to their constitutions, and 11 more states will have voted on constitutional amendments on Nov. 2. In every state except Oregon, polls indicated that the bans would pass with at least 20% voting margins; and even in Oregon, the ban is supported by a majority of voters.
“The majority of Americans support traditional marriage, and that's why there are 13 states going to the polls to amend their constitutions,” said Mathew D. Staver, president and chief counsel of Liberty Counsel, an organization that advocates for laws that maintain the traditional definition of marriage. “[Gay rights advocates] revealed the radical nature of the same-sex marriage agenda [and] escalated the time frame of the same-sex marriage agenda, causing it to move too fast, too soon.”
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.