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Family Court Protective Orders
Under New York's Family Court Act of 1994, parties may obtain protective orders through Family Court and Integrated Domestic Violence Court only if they are married to or divorced from their alleged abuser, they are blood relatives of their abuser, or are single adults with children in common with their abuser. This means that a lot of people who want to get orders of protection must go to the criminal courts. That might seem fine, except for the fact that the standard of proof for permanent protective orders thus becomes 'beyond a reasonable doubt' rather than 'by a preponderance of the evidence.' In addition, the individual victim loses control of the process by having to involve the police and rely on overworked prosecutors to vigorously pursue the abuser.
Proposed Changes: Same-Old, Same-Old
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.