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Children's Best Interests and Coached Custody Litigants
Though empirical data are not available, many who work in the family law field have come to a disturbing conclusion: Mental health professionals (MHPs) are engaging in activities, the objective of which is to assist litigants in presenting themselves to evaluators in deceptive ways. Acting as consultants to attorneys, the MHPs are doing this with increasing frequency. Such activities include providing litigants with information that would facilitate efforts on their part to dissimulate either in response to test items or in response to interview questions.
In the words of subsection “b” of California Rule 5.220, “Courts order child custody evaluations, investigations, and assessments to assist them in determining the health, safety, welfare, and best interest of children with regard to disputed custody and visitation issues.” Mental health professionals subvert the justice system when they assist litigants in presenting themselves to evaluators ' and, subsequently, to judges ' as being that which they are not.
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.