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Posthumously Conceived Heirs
“The evolving human productive technology opens up some wonderful possibilities, but it also creates difficult issues and potential problems in many areas.” – Hon. Reginald Stanton, Assignment Judge of the Superior Court of New Jersey, Morris County, in Estate of Kolacy.
The science of cryobiology introduced the world to the previous impossibility of a posthumously conceived child. In the years that have followed, courts have been forced to address myriad unique social and legal issues incident to a child conceived after the death of its father. With little precedent to guide them, judges have been asked to answer the most elementary of probate questions: Is this a child of the decedent? If so, does this child have a right to inherit under the decedent's will or as an intestate beneficiary? From here, courts will continue to face an endless barrage of increasingly more difficult questions of inheritance: How long must a class of beneficiaries remain open? What responsibility does the Personal Representative of the estate have to ensure that the class is closed? Does the mother have an obligation to inform the court or the Personal Representative of her intent to conceive?
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.
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.
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.