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Interdisciplinary Collaborative Divorce
The Matrimonial Strategist first presented information about the basic Collaborative Law Divorce paradigm in May 2006. The hallmark of the Collaborative Divorce is the execution of an agreement by both parties and their lawyers that a judicial resolution will not be sought regarding any issue. In fact, the collaborative participation agreement requires that the parties discharge their collaborative attorneys and retain new counsel for the litigation if the issues cannot be resolved amicably. The only participants to the agreement in the basic method are the parties and counsel.
This and the next issue of The Matrimonial Strategist explore the Interdisciplinary Collaborative Divorce method. In the Interdisciplinary Collaborative Divorce, one of the parties chooses the collaborative process after consultation with a collaborative attorney or a mental-health professional who participates in a collaborative practice group. If both husband and wife decide that the Inter-
disciplinary Collaborative Divorce model would be appropriate, they choose an interdisciplinary team to assist them in settling the issues presented in their case. In jurisdictions in which Interdisciplinary Collaborative Divorce is available, 60% of couples learn about and become involved with this alternative through mental health professionals.
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.