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Recent International Conventions Will Affect Family Law Practice
While the media focus on the work of Congress that has involved major “newsworthy” legislation affecting health care and “Don't Ask, Don't Tell,” the U.S. Senate has “quietly” ratified two important international conventions that will have an impact on family law practice in the United States. On Sept. 29, 2010, the Senate gave its advice and consent to The Hague “Family Maintenance Convention” (The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance). On Oct. 23, 2010, the United States signed the “Child Protection Convention” (Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children).
This article discusses both international conventions and their implementation, anticipating what effect they will have on statutes in the U.S. that affect family support and international custody orders. Although legislation allowing full implementation of the conventions is still necessary, family law practitioners need to be cognizant now of the conventions for two reasons. First, foreign orders making reference to these conventions have a way of exporting themselves into U.S. proceedings. Second, courts often become aware of these conventions, and lawyers may wish to cite to them for principles of law.
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.