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Most professionals in our area of the law hate custody trials. We see how children are pulled apart by the inability of their parents to resolve their disputes; the pressure children face when they are put in the middle of a conflict and the pain of submitting to examinations by different experts, psychologists, lawyers and judges. Those of us who practice responsibly try to inform our clients, to the extent possible, of the risks to their children. We caution them, when we see them spinning off into their anger, or their desire for revenge, to think of their children. We advise them to hire therapists for children who are having trouble. We tell them to encourage their children to attend school-run groups for children whose parents are divorcing.
But is it possible to know what will be the long-term effects of this experience on children? The experts all seem to agree that the most stressful and harmful thing to children is active conflict in the home – yelling and fighting between the parents — but there has been much less consensus regarding the long-term effects of divorce on children. When advising our clients, it would be helpful to have some good information to work with.
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 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.
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.
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.
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.