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On Oct. 26, The Court of Appeals of New York responded to the questions certified to it from the U.S. Court of Appeals for the Second Circuit over a year ago, in the case of Nicholson v. Scoppetta, whose answers would determine whether under New York law a child can lawfully be removed from its mother's care exclusively on the basis that the child has witnessed the mother being domestically abused. The answers the Court of Appeals gave added up to one conclusion: Such removals are not authorized. Nicholson v. Scoppetta, No. 113, 2004 N.Y. LEXIS 3490 (10/26/04). The opinion, written by Chief Justice Judith Kaye, was joined by all the remaining justices on the panel.
The Case
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.
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.
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.