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Supreme Court Ruling Gives Winemakers a Reason to Raise Glasses
The U.S. Supreme Court gave a cork-popping victory to the wine industry last month, striking down state laws that barred consumers from receiving direct shipment of wines from out-of-state wineries.
“This is the best day for wine-lovers since the invention of the corkscrew,” says Clint Bolick, the strategic litigation counsel for the Institute for Justice, who argued before the court on behalf of Virginia winemaker Juanita Swedenburg. Swedenburg was barred from shipping her wines to New York customers because of that state's law ' similar to the laws of more than 20 other states ' that allows only in-state wineries to ship wines to New Yorkers. The Second Circuit U.S. Court of Appeals upheld the New York law, while the Sixth Circuit struck down a similar Michigan law. The Supreme Court ruled in both cases under the title Granholm v. Heald.
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.