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Dangerous Clients: What to Do
When he lost a custody fight for his three children, accountant Nicholas A. Lucarella hired two hit men to get revenge ' against his own lawyer, Peter Paras of Red Bank, NJ. Shortly after meeting with Paras about a phony custody case, the men ran him down with a Jeep in his office parking lot.
Divorce lawyers are more often the objects of violence and threats of violence than any other group of attorneys. A 1997 survey of ABA Family Law Section members found that 60% of respondents had been threatened by adverse parties; 17% by their own clients. Twelve percent had actually been assaulted by a client or opposing party. Remarkably, only a quarter of these respondents took steps to protect their safety. There is a natural reluctance to recognize danger, and this is partly because most of us have no realistic idea how to protect ourselves.
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.