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Decisions of Interest
Court of Appeals Will Not Hear Custody Case
The Court of Appeals offered no comment in its denial of a motion by authorities in Saratoga County for leave to appeal the June 2007 decision in Matter of Julia BB, 42 AD3d 208 (2007), in which a child was returned to her parents after the Saratoga County Department of Social Services failed to show that the parents were the source of the injuries the child suffered previously. The Appellate Division, Third Department, had ordered the child to be returned to her parents after determining that the child's injuries could have been the result of osteogenis imperfecta, or 'brittle bone disease,' and child abuse had not been proven.
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.