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Litigation
Wrongful Removal Not Proved Under Hague Convention
In Halaf v. Halaf, 08-CV-4958, (S.D.N.Y., Feb. 24, 2009), the petitioner husband, an Israeli citizen, fluent in Hebrew but not English, married the respondent wife, an Israeli and American citizen, in Israel in 2005. Their son, an Israeli citizen, was born in May 2007, in Israel. In January 2008 the parties and their son moved to New York. The petitioner returned to Israel in April 2008. On April 24 of that year, the respondent informed him of her decision to remain in the United States, and told him that if he did not give her a religious divorce, she would not allow him to see their son. The court denied petitioner's application under the Hague Convention, as implemented by the International Child Abduction Remedies Act, for an order directing the boy's return to Israel. The court determined that when their intents last converged, the parties intended for their son to live in the United States, which the court deemed his habitual residence. Because petitioner failed to show that the boy was removed from his habitual residence or retained in another state, petitioner also failed to establish wrongful removal or retention of the child within the meaning of the Hague Convention.
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.