Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Decisions of Interest
Same-Sex Marriage Cause Takes Another Hit
In February, The Appellate Division, Third Department, affirmed a lower-court dismissal of the suit brought by 13 same-sex couples to compel issuance to them of marriage licenses. Samuels v. New York State Department of Health, 98084. With this decision, the Third Department fell into line with the First Department's ruling a few months back in Hernandez v. Robles, 103434/04. Now, the focus will be moving to the Court of Appeals, which will have the last word on the validity of opposite-sex-only marriage laws under the New York State Constitution ' unless and until the legislature acts on the issue. Hernandez is already awaiting argument at the Court of Appeals and the Samuels attorneys plan to appeal.
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.