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The Court-Appointed Expert
In last month's article, we explored the many issues that involve the court-appointed valuation/financial expert. Many of the problems such experts encounter are the result of a lack of clarity and specificity in the order appointing them, and a general lack of guidelines for the expert to follow.
The Matrimonial Commission, appointed by the Chief Justice Judith Kaye and chaired by Justice Sondra Miller, undertook a detailed review of this area in an attempt to remedy the problem. I was privileged to serve on the Commission as its only financial evaluation expert. After review, the Committee drafted a model order for the appointment of the valuation/financial expert, and published it in Appendix K of its report. Let us now look at the problems and issues related to the appointment of a valuation/financial expert, and focus on the resolutions recommended by the Commission.
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.