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Insanity, Drugs and the Family Code
In California, it is against the law for a woman to drive a car in a housecoat. At least that is what I read on the Web site www.ahajokes.com. Unfortunately, there was no citation to a California Code, so I was unable to verify this ridiculous piece of legislation. We have all read about similarly absurd laws. According to the same Web site, it is a misdemeanor to shoot at any kind of game from a moving vehicle unless the target is a whale, and no vehicle without a driver may exceed 60 miles an hour. While I am sure it is true that such moronic statutes exist, verification is hard to come by.
California is probably not much different from most other states in which well meaning legislation is passed without much thought to the practical impact on those of us in the trenches who use the law as the tools of our trade. While this article refers only to the California Family Code, I have no doubt similar examples of legislative mishaps can be found in the statutes of other states.
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.
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.
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.