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The collaborative divorce process uses alternative dispute resolution methods in a field that, at first blush, seems immune to such techniques. Before starting in on the process, the participants must execute an agreement stating that they will not seek a litigated resolution to their matrimonial dispute; rather, they will work toward a peaceful negotiated settlement of all issues. With this framework in place, participants in a collaborative divorce can dissolve their marital union with dignity and respect, and formulate an agreement that will more likely be adhered to over the long run.
Divorcing couples using the collaborative process still generally need help navigating the complex emotional and financial issues surrounding the dissolution of a marital relationship. They may choose to have the assistance of several professionals at the negotiating table, including counsel, accountants, psychologists, divorce coaches and other facilitators of their own choosing.
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 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.
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.
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.
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.