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New Jersey Appellate Court Rejects Marriage Equality
In a 2-1 decision, the New Jersey Superior Court-Appellate Division rendered a decision in the appeal of Lewis v. Harris, 378 N.J.Super. 168, 875 A.2d. 259 (App.Div.2005) that the “statutory limitation of marriage to members of the opposite sex does not violate the New Jersey Constitution.” Although disappointing, the decision was not unexpected and, because there is a dissenting opinion, under New Jersey Rules of Court there is an automatic right of appeal to the New Jersey Supreme Court. The notice of appeal has been filed, and as of this writing the parties awaited a briefing schedule. he majority opinions were summarized in last month's issue. The dissenting opinion is summarized below.
Dissent of Collester, J.A.D.
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.