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She's Nobody's Baby Now?
While our society has come to accept out-of-wedlock children with little or no apparent stigma, there remains a principal in law that is near and dear to parentage: the presumption of legitimacy of a child born during a marriage. This is a strong, virtually inalienable right that warrants protection from almost any inquiries that would rebut it.
The issue can arise in various ways. A third party can come forward asserting that the child is his and petition for a declaration of paternity of a child born in a marriage. A mother may come forward and claim the child does not belong to the husband, perhaps in order to gain an edge in a custody dispute. Most commonly, a husband/father may go to court to disown the child in an attempt to avoid the obligation to support her. However, regardless of the motivations or allegations, there is a prevailing presumption of paternity that is very difficult to rebut.
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.
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.