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Federal judiciary supports citing unpublished opinions
The Judicial Conference of the United States has approved new Rule 32.1 of the Federal Rules of Appellate Procedure, which concerns the citation of unpublished opinions, which still must be approved by the Supreme Court and transmitted to Congress. The citation rule change would end a debate that has split the circuits. The Second, Seventh, Ninth and Federal circuits ban citation of unpublished opinions outright, while six other circuits discourage it. If approved, Rule 32.1 would permit the citation in briefs of opinions, orders, or other judicial dispositions that have been designated “not for publication,” “non-precedential,” or the like. The rule applies only to decisions issued on or after Jan. 1, 2007.
EEOC rule allowing for reduced benefits upon Medicare eligibility is upheld
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.
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.
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.