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In The Courts
Circuit Split Over Resentencing After United States v. Booker
Less than a month after the Supreme Court issued its landmark opinion in United States v. Booker, 125 S.Ct. 738 (2005), which rendered the federal sentencing guidelines advisory, the circuits have split ' including one intra-circuit split between panels in the Sixth Circuit ' over whether defendants who failed to raise Booker-style claims nonetheless have a right to resentencing. An appellate court may not correct an error the defendant failed to raise in the district court unless there is 1) error; 2) that is plain; and 3) affects substantial rights. If all three conditions are met, an appellate court may exercise its discretion to correct the error if 4) the error seriously affects the fairness and integrity of judicial proceedings.
The Fourth, Sixth, and Ninth Circuits have held that the district court's reliance on judge-found facts in imposing a mandatory sentence
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.
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.
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.
Marketing Analytics: More Is Not Always Best
In the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.
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.