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DE Court Extends Spousal Privileges to Same-Sex Couples
In the first major test of the strength of Delaware's civil union legislation, a Delaware Superior Court judge approved an order retroactively applying spousal testimonial privilege to a same-sex couple who were married in California in 2008, even though their partnership was not legally recognized in Delaware until the state's civil union law went into effect earlier this year. Spousal testimonial privilege is a benefit granted to married couples in which spouses cannot be compelled to testify against each other in a court of law regarding private conversations. Although it has been a long-standing legal standard in opposite-sex marriages, it has been an infrequent issue in same-sex marriages and civil unions but was recently challenged in Theil v. Dentsply International.
The Case
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.
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.
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.