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Facing Facebook, Facing Ourselves
In an unpublished decision filed on Feb. 25, 2011, the Court of Appeals of Kentucky unanimously affirmed a lower court ruling awarding primary custody of a divorcing couple's three-year-old child to the father. On appeal, the mother argued that Facebook photographs showing her “enjoying parties and apparently consuming alcoholic beverages against the advice of her mental health providers” were improperly admitted into evidence. Even though the mother conceded that the photographs accurately depicted her conduct, she took the position that the evidence was inadmissible because she never authorized their publication ' even though “Facebook allows anyone to post pictures and then tag or identify the people in the pictures.” Her evidentiary objection was overruled by the lower court, which held that the Facebook photographs were properly authenticated and therefore admissible. Jessica J. LaLonde v. Adam N. LaLonde, 2011 WL 832465 (Ky. Ct. App. 2011).
Social Networking and Child Custody
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.