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The Progressive Lawyer: Mandatory Audio-Recording of Forensic Interviews in Child Custody Cases
A certain amount of controversy has arisen over the past decade concerning the litigant's right to preserve on audio media the interviews of mental-health professionals engaged in expert custody and parenting time assessments. While the majority of our jurisdictions now have case law to support the premise that audio-taping is mandatory upon request, there has always been a measure of resistance to the concept, generally emanating from a relatively small percentage of practicing custody experts.
When questioned about their reluctance or refusal to conduct audio-taped custody and parenting time assessments, the experts' responses have been fairly typical, albeit falling far short of containing any sort of scientific validity. Objections based on the argument that the taping would have some sort of “chilling effect,” or that the interviewees would likely “perform for the tape” are frequently raised, often with the resistant expert adding that many of his or her “colleagues feel the same way.” This sort of facile, non-scientific “argument” should be summarily rejected in all of our jurisdictions.
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.