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Criminal Charges Dropped Against New Paltz Mayor
Stating that trial would be pointless and cause dissention without any concommitant contribution to the public good, the Ulster County District Attorney, Donald A. Williams, dropped the charges pending against New Paltz Mayor Jason West for illegally marrying same-sex couples. West had faced 24 misdemeanor counts for joining in marriage two-dozen same-sex couples in February 2004. In his letter to the judge dropping all charges, Williams said, “Any additional action would serve only to advance a personal agenda in highly volatile manner.” Thus, the legal roller coaster West had been riding on for more than a year came to an abrupt halt in mid-July with little more than a whimper.
People v. West
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.
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.