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Pre-Divorce Financial Planning: Could This Be the Next Frontier?
Over the past several years, alternative dispute resolution (ADR) methods such as mediation and collaborative law have been increasingly applied to the divorce process. This phenomenon has been largely due to 1) incompatibilities between our advocacy system and the need for viable outcomes, and 2) an increased recognition of the importance of resolving emotional issues, particularly those involving children. In short, these approaches sometimes lead to better results than traditional methods.
The increasing application of ADR is indicative of the fact that the traditional approach to resolving issues in divorce is flawed. However, mediation and collaborative law are simply alternative approaches to resolving disputes and not necessarily approaches for achieving better financial outcomes. Success in ADR is often measured by the ability to achieve the same results as in traditional litigation, albeit in a less contentious or less prolonged fashion. With the advent of no-fault divorce, and even with the archaic application of fault in states such as New York, divorce has become largely about money. This has brought to the forefront a new dilemma for the divorce practitioner — how to resolve the divorce, whether through litigation or through alternative means, not only amicably but also in a financially workable and sensible way.
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.
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.
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.