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Same-Sex Marriage
Will New York residents who travel to Massachusetts lawfully be able to marry their same-sex partners there under Massachusetts law? For now, the question remains unanswered.
On March 30, The Supreme Judicial Court of Massachusetts dismissed the suits of several couples who challenged the State's enforcement of a law that forbids out-of-state couples from marrying within Massachusetts' borders if their marriages would be unlawful in their home states. The court, however, allowed plaintiffs from two states ' New York and Rhode Island ' to proceed with their suits because neither of these states has amended its constitution or enacted laws specifically prohibiting such marriages, and there has not yet been a controlling appellate decision entered on the issue in either state.
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.