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Conflict Addiction and Other Barriers to Settlement
People often have logical and sound reasons for refusing to settle divorce-related matters: The offer isn't fair or the parties have concerns about future financial security. However, sometimes we, with an outsider's perspective, can see that something other than a desire to get a better deal is at work: We see a stubborn resistance to any settlement. The divorcing parties may have been told and understand that, logically, both of them cannot get everything that they want, but they refuse to budge.
One scenario that comes to mind when the subject of mulish divorcing parties is broached is this year's case of Dr. Nicholas Bartha, whom authorities say imploded his Upper-East Side apartment around his own head rather than let his wife have any share in it. His action followed years of rancorous fighting in the court system, and he had lost; the house was to be sold at auction and the proceeds divided. Rather than allow his ex-wife to win the 'game,' Dr. Bartha apparently chose to destroy the prize ' and himself. Although his response to the conflict of divorce was extreme, his actions illustrate the lengths to which people may go to avoid letting their spouses come out ahead.
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.