Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Intrafamily Wiretapping in Custody Disputes
The sensational, celebrity-filled Anthony Pellicano wiretapping case in California has been grabbing headlines for weeks now. Pellicano, a private detective, is accused, along with several others, of illegally listening in on the private conversations of some of Hollywood's elite in order to gain an advantage for his clients in legal and other matters. Wiretapping issues have also found their way into family law matters.
Suppose you represent a mother in a custody matter. In the midst of the dispute, the mother, who has temporary custody, suspects, from conversations with her 6-year-old son, that the father is making obscene comments about her to their child, perhaps to alienate the child from her, or because the father has a psychological problem. In an effort to capture the improper comments, the mother programs a digital answering machine to intercept and record the father's conversations with the child. The recording clearly demonstrates that the father is indeed making outrageous, profane and even sexually explicit comments about the mother to the child. The mother then makes another recording of the conversation onto a cassette tape, and presents that tape to her attorneys. The mother wants her attorneys to turn over that tape to the court-appointed forensic psychologist, and wants him/her to offer it into evidence at the custody hearing.
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.