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In the Courts
Fifth Circuit Denies Crime Victims' Appeal
The Fifth Circuit Court of Appeals recently held that victims of an explosion at a BP refinery were not entitled to a writ of mandamus, instructing the district court to refuse BP's plea agreement, despite finding that the district court violated the Crime Victims' Rights Act ('CVRA'). In re Dean, ' F.3d ', No. 08-20125, 2008 WL 1960245 (5th Cir. May 7, 2008). While the court of appeals did not grant the victims the remedy they sought, the opinion makes clear that the district court must consider the victims' views on whether it should accept the plea agreement, which the victims say is too lenient.
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.