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'Atlantic Yards' Condemnation Upheld
In Kelo v. City of New London, (545 U.S. 1158 (2005)) the United States Supreme Court created an uprising of sorts among legislatures and the public by articulating what has been the law of eminent domain in the United States for about 100 years. Yet, the Kelo case raised much public ire because it permitted the condemnation of private property for economic development purposes, which ultimately enriched private interests. In that decision, the Supreme Court raised the possibility that condemnation for economic development might be challenged in circumstances where economic development could be shown to be a mere pretext under which a private developer is allowed to acquire other private property using the government's power of eminent domain.
Public/Private Partnership
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.