Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Practice Tip: Federal Jurisdiction and Venue
With little fanfare or forewarning, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 became effective Jan. 6, 2012. Signed into law on Dec. 7, 2011, the Act (H.R. 394 P.L. 112-63) reforms or clarifies removal procedures, diversity jurisdiction, and federal venue.
The Act implemented the most extensive amendments in years to Chapter 28 of the United States Code. Despite their stealthy adoption, however, the changes deserve close consideration by all litigators. Fortunately, the House Committee on the Judiciary also issued a 33-page report (H.R. Rep. 112-10) in February 2011 discussing the rationale and process behind the amendments as well as a section-by-section analysis of the Act.
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.