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The Disabled and the Co-op Approval Process
Co-op boards have become accustomed to having their process for approving prospective applicants significantly insulated from review. But boards and applicants must be acutely aware of the effect of the laws protecting the disabled as boards are subject to, and their particular building rules do not trump, the disability laws. It attracted front-page attention in the New York Law Journal (an affiliate publication of this newsletter) on June 20, 2007, when a Manhattan court concluded that a co-op board had exceeded statutory bounds by rescinding approval after learning of a prospective purchaser's disability. In Hirschmann v Hassapoyannes (NYLJ June 25, 2007, p.18, col. 3), it was held that a board may not inquire, directly or indirectly, about an applicant's disability. Nor may a Board punish an applicant by pulling its approval for not disclosing a disability ' even if the board argues that the disclosure of the disability was relevant to them during the board interview.
The Co-op Interview in General
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.