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Florida's Over-Regulation of Attorney Speech
Editor's Note: In the summer of 2009, a group of Florida consumers, outraged over rampant false and deceptive online advertising by attorneys, filed suit to bring an end to these abuses. Responding quickly, the Florida Supreme Court imposed tough new rules on attorneys to curb these misleading forms of advertising ' or at least that's how it would have played out in any sane industry responding to proven consumer deception. Except that in Florida there wasn't any finding of consumer deception. There weren't even any consumer complaints. There wasn't any “problem” to be solved. But the Florida Supreme Court solved it anyway, enacting new rules governing attorney Web sites that are marked by two notable features: A staggering level of clumsiness and an utter disregard for the First Amendment.
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.