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NJ Divorce Client Must Pay Fees Despite Pending Malpractice Suit Against Firm
A family court order requiring a divorce litigant to pay the law firm Budd Larner $50,000 in legal fees, even though he had a malpractice case pending against the firm, has been upheld on appeal.
The New Jersey Appellate Division ruled on Feb. 8 that there was no error in ordering and enforcing the fee award to the Short Hills, NJ, firm, because the client neither asked the family court for a stay nor sought to consolidate the malpractice and matrimonial cases. In Cole v. Cole, A-1710, the court also found it significant that the court below “expressly carved out the malpractice issue from its decision, and made no findings on those allegations.“
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.