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The Enforceability of Automatic Orders
The purpose of the Administrative Rules at Title 22 of the New York Code of Rules and Regulations (NYCRR) is clearly to assist in the implementation of court policy and administration, as is set forth in the Preamble of the Rules of the Chief Judge: “The purpose of these standards and policies is to assign and regulate administrative authority in a complex, multi tiered court system.” Rules of the Chief Judge, Part 1. Standards and Administrative Policies: General; 22 NYCRR ' 1.0. The general powers and duties of the Chief Administrative Judge are to “supervise on behalf of the Chief Judge the administration and operation of the unified court system” and, as relevant to the issue at hand, “adopt administrative rules for the efficient and orderly transaction of business in the trial courts, including but not limited to calendar practice, in consultation with the Administrative Board of the Courts or the appropriate Appellate Divisions.” Rules of the Chief Judge, Part 80. Administrative Delegation Number 1: Chief Administrator of the Courts: General Powers and Duties; 22 NYCRR ' 80.1
The Rules of the Chief Administrative Judge ' referencing items that were governed prior to the establishment of Chief Administrator of the Courts ' are required to be consistent with the powers designated under the Rules of the Chief Judge. They state in part: “All administrative regulations, rules, orders and directives for the efficient and orderly transaction of business in the trial courts or the administrative office for the courts in effect on March 31, 1978, adopted pursuant to authority subsequently transferred to the Chief Administrator of the Courts in accordance with article VI, section 28(b) of the Constitution, including but not limited to calendar practice, establishment of hours, terms and parts of court, assignments of judges and justices to them, and designations of administrative judges, are continued in effect until superseded, repealed or modified” (emphasis added). Rules of the Chief Administrator of the Courts, 22 NYCRR ' 103.1.
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.