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The Child Specialist in Collaborative Divorce
As Charles McEvily described in his introductory article Interdisciplinary Collaborative Divorce, in last month's issue of The Matrimonial Strategist, the child specialist is one member of a collaborative divorce team, which includes two attorneys, two divorce coaches, and a financial specialist. The team helps the couple reach a divorce settlement without going to court, but its purpose is more than court avoidance. Its primary goal is to help the couple define both a good settlement for the entire family and improved communication with each other in the future.
While not all collaborative attorneys use a full team as above, the child specialist's role has two major features that remain fairly constant. First, the child specialist brings into the collaborative process an expertise in child emotional and cognitive development, in temperamental differences, in the parenting styles appropriate to each and in family systems so that the clients' children remain a central concern. This expertise distinguishes the child specialist from a general mental-health practitioner and from a law guardian, either of whom may be comfortable with kids, but may not have this specific expertise.
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.