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Social Networking
Social networking Web sites have ushered in an age of technological interpersonal relationships, bringing millions of people together and providing an open platform for account holders to say literally whatever is on their minds. From Facebook to MySpace to Twitter to LinkedIn, there are countless ways to “reach out and touch someone,” but in a way never previously thought imaginable, and far beyond the more private realm of electronic mail, and text and instant messaging.
However, with what can only be described as a great expansion in communication come greater risks and responsibilities that people often do not consider from a legal standpoint. From an evidentiary perspective in a matrimonial law context, it is all too common for people to reveal on their social networking pages many intimate details of parts of their lives (including photographs), such as their marriages, finances, spending habits, infidelity, substance use and children. Anecdotal experience shows that the use of such evidence in matrimonial matters is quickly on the rise, often providing a “smoking gun” moment for litigators looking to bolster their client's position and credibility.
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.
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.
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.