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Invoking the Spousal Privilege
Several states have historically endeavored to promote the health and longevity of marital relationships through legislation and case law. In the context of civil and criminal court proceedings, state laws attempt to advance this goal by permitting one spouse to preclude the other from testifying about certain confidential communications between them, often precluding the courts from obtaining access to valuable evidence. Because of these competing societal interests and changing norms, the law on this subject continues to develop.
The concept of this so-called spousal privilege derived from the common law, where it was seen as a means of encouraging open communication between husbands and wives, which in turn would presumably strengthen and preserve the marital bond. Siveke v. Keena, 110 Misc.2d 4 (1981).
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.