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When Does a Child Custody Evaluator Stop Collecting Data?
When is the work of a child custody evaluator complete? Over the past several years, I have repeatedly run into this question. One side argues that the evaluator's work is complete when the report is written and forwarded to the attorneys and/or the court. The other side argues that the evaluator's role is complete when testimony is complete; the evaluator should gather information up until the time she takes the stand.
There are no clear rules that guide an evaluator. Neither the American Psychological Association's Ethical Code (American Psychological Association (2002), Ethical Principles of Psychologists and Code of Conduct, Amer Psychol, 57, 1060-1073) nor its Child Custody Guidelines (American Psychological Association (APA) (2010), Guidelines for Child Custody Evaluations in Family Law Proceedings, Amer Psychol, 65(9), 863-867) address the question of when the work of an evaluator is complete. Here are some examples that have resulted in this question being raised.
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.