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'Expert' Opinions Do Not Support Need for EIR
Can a layman's opinion on the environmental impacts of a development project serve as a basis for a court to find that a mitigated negative declaration (MND) (CEQA ' 21064.5) is inadequate? That was the question posed in Landwatch Monterey County v. County of Monterey, 55 Cal.Rptr.3d 34 (Cal.App 76 Dist., 1/23/2007) (Rushing, P.J.), when plaintiff offered opinions from two people who, at first glance, appeared to have some expertise on the subject of water resources. Their opinions were offered as evidence that an environmental impact report (EIR) should have been produced for the project. The appellate court agreed with the trial court that the witnesses were not fully qualified to evaluate the technical aspects of the issues involved so their opinions could not serve as the 'substantial evidence' of significant environmental impacts plaintiffs had the burden of demonstrating.
The Case
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.
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.
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.