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How to Handle Therapist Liability Cases for the Plaintiff
It is the day after their daughter Elaine, 24, was murdered in her bedroom by her ex-boyfriend Jim. Elaine's stunned parents are in court at Jim's arraignment. They listen to the prosecutor detail the crime as told by Jim in his confession. The prosecutor explains how Jim was despondent over his break-up with Elaine. How Jim took his father's gun. How Jim ' well liked by Elaine's family ' had a key to their small colonial home. The prosecutor explains how Jim entered the home with the gun tucked in a gym bag. How nobody was home and that he went upstairs to Elaine's bedroom. He explains that Elaine and her younger sister returned to the home, and started upstairs. He explains that Jim heard them and hid under a sink. He then details the encounter with Elaine. How Elaine spotted Jim under the sink, yelled to her sister to get out, saw the gun and held her hands up defensively.
Elaine's parents listen as the prosecutor details the firing of six bullets from the gun ' all striking their daughter. The parents then hear the prosecutor say that Jim has confessed to the murder. In his confession, Jim reported that he had been seeing a therapist “for the past month” and that he had been telling his therapist about his thoughts of killing Elaine and himself. It is reported by the prosecutor that when a prior relationship ended, Jim ' a veterinarian ' strangled his ex-girlfriend's cat. They get the sinking feeling that the murder of their daughter was preventable, and they then consult our firm.
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.
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.
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.