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Parent Testimony in Custody Disputes
When it comes to custody matters, it is often difficult for parents to stay focused on the concept of the “best interests” of their children when they themselves are going through so much turmoil at the prospect of losing close parent/child contact. Although they may want to work out a harmonious custody arrangement for the good of their children, parents' own feelings of hurt, anger and frustration may surface at the wrong time, undermining their credibility with the court and thwarting their efforts to plead their case.
Of course, as in all litigations, the attorney must prepare the parent for a custody trial by going over the basic fundamentals of testifying: how to listen, how to answer only the question asked, the difference between direct and cross, how to behave, etc. But once that foundation is in place, the next step is to prepare the parent to testify persuasively about the crucial information the court needs in order to make a custody decision. Here, it is important that the client be made aware that venting rage, bickering and whining while on the stand will do nothing to help his or her case.
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.