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Some Formerly in Foster Care May Now Return to the System
Children in foster care in New York usually “age out” of the system when they turn 18 years old. Prior to their 18th birthdays, these minors are permitted by law to choose to remain in foster care until their 21st birthdays, allowing them extra time to grow up and, hopefully, become better educated and/or self-supporting before they leave the system. Historically, if a person in foster care failed to make such an election before his or her 18th birthday, there was no provision for second thoughts.
This worked a hardship on many children in foster care who, like their contemporaries in average families, might brashly have hurried to declare their independence as soon as possible, only to discover that it is not always easy being a young person alone in the world. But, whereas children in traditional families can often simply show up at Mom and Dad's door asking for their old rooms back, foster-care children had no such fall-back opportunities. The door was shut. And, as was stated in an Assembly memo explaining the need for changes to the legislation, for children who age out of the foster-care system too young, so-called “independent living” may end up being more like “falling off a precipice.”
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.