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Practical Suggestions for Matrimonial Arbitration
At the May 2008 AAML (American Academy of Matrimonial Lawyers) Matrimonial Arbitration Training Institute, presenters from North Carolina, Michigan and Texas, with scores of years of arbitration experience, gave advice about the responsibility of arbitrators and the smooth presentation of an arbitration case. That training is being considered through the lens of an important Pennsylvania matrimonial arbitration case: Deborah Kennedy v. Michael Kennedy, 865 A.2d 878 (Pa.Super. 2004).
Those who opt for arbitrating matrimonial cases choose to hire a private arbitrator to collect the evidence and make a decision on an efficient basis. Many praise the benefits of prompt resolution of the most difficult family law cases. A case that could take months or years winding through the legal system can be resolved in weeks via private arbitration. Unfortunately, in Kennedy, the arbitration award led to litigation in a neighboring county and a double appeal from the ruling amending the Arbitration Award, as well as the decree in divorce issued pursuant to that ruling. The Kennedys did not enjoy prompt relief, since the case was argued before the Superior Court and resulted in a remand. The attorneys in the Kennedy matter and the arbitrator are among the highest regarded family lawyers in Eastern Pennsylvania. They were doing their jobs to defend each client's position. Those who are embarking on arbitrations, however, should learn the lessons from Kennedy so that future arbitrations are not subject to appeal, or if they are appealed, the award will be upheld.
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.