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Supreme Court to Decide Limits of Law Enforcement Liability in Domestic Case
In March, the U.S. Supreme Court heard arguments in a case brought by Jessica Gonzales against the city of Castle Rock, CO. Cert. granted by Town of Castle Rock v. Gonzales, 160 L. Ed. 2d 316 (U.S. 2004). This civil rights case, which is being watched closely by municipal governments and women's rights advocates nationwide, asks whether a court-issued domestic restraining order, whose enforcement is mandated by a state statute, creates a property interest protected by the due process clause of the Fourteenth Amendment. The district court held it does not, and dismissed the action under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief could be granted.
On appeal, a panel of the Tenth Circuit Court of Appeals affirmed the district court's dismissal of Gonzales' substantive due process claim, but reversed as to the district court's procedural due process determination. Gonzales v. City of Castle Rock, 307 F.3d 1258 (10th Cir. 2002). The panel held the restraining order, coupled with the Colorado statute mandating the enforcement of such orders (see Colo. Rev. Stat. ' 18-6-803.5(3)), established a protected property interest in the enforcement of the restraining order which could not be taken away by the government without procedural due process. The panel concluded, therefore, that Gonzales' procedural due process claim could proceed against the town and the individual police officers who failed to enforce the order. On rehearing en banc, the Tenth Circuit agreed with the panel's decision regarding the city of Castle Rock, but held that the individual police officers were entitled to qualified immunity. Gonzales v. City of Castle Rock, 366 F.3d 1093 (10th Cir. 2004).
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.
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.
How AI Has Affected PR
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.