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High Court Ethereality
I first started covering the U.S. Supreme Court just over 5 years ago. As measured in High Court years, that's barely a nanosecond-everything there moves glacially. But as measured in the life of the Internet, it's been an age; an age that's brought about some rather stunning changes.
One of the most striking aspects of Supreme Court coverage is how little it's changed over the centuries. Since televisions and recording devices are still barred from the Court, curious citizens must still rely largely on a cadre of print reporters to cover oral argument and summarize new decisions. Sketch artists' renderings of some usually fungible white male at a podium might accompany news reports in the really “big cases,” and television news trucks park outside the marble plaza to cover the press conferences that take place on the front steps when argument concludes. For the most part, however, news of the day in the courtroom comes filtered through the eyes and ears of the clutch of reporters permitted-with pen and pad and nothing else-inside the hallowed chambers.
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.