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<b>Online Exclusive:</b> Around the States
California. The California Supreme Court ruled 7-0 in Kearney v. Salomon Smith Barney that out-of-state callers must comply with California law that requires consent from all parties to tape a call. This law affects even out-of-state callers who reside in states where consent is not required. The issue arose when clients of investment brokerage firm Salomon Smith Barney challenged the company's practice of recording calls made to brokers in Atlanta. (Georgia does not require consent by both parties.) Interestingly, in April 2006, a New York City appellate court ruled in Locke v. Aston that a New York resident on the phone with a California resident does not have a presumption of privacy because New York does not require consent by both parties.
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.