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Text Messages Providing TMI for Divorce Lawyers
Divorce lawyers have found a new smoking gun to wave around in court: text messages. Infidelity, bad parenting or threats ' name the issue in marital disputes, family law attorneys say, and the evidence can be found in text messages sent over handheld gadgets. The unfaithful, in particular, are paying a high price for their salacious messages.
One New York attorney recalled when he used to hire private investigators who burst into hotel rooms to catch cheating spouses. Now, all that is necessary is to check the spouse's BlackBerry. Attorneys both rely on texts to prove marital troubles and to defend those who get busted over their careless words. For example, one attorney recently represented a woman whose suspicious husband picked up her BlackBerry while she was in the shower and discovered messages that showed that she was having an affair with a co-worker. The discovery resulted in a quick settlement. The lesson learned was that anyone going through a divorce should change his/her password.
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.