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Second Circuit Upholds RLUIPA Verdict Against the Town of Greenburgh
The Second Circuit's recent decision in Fortress Bible Church v. Feiner, 694 F.3d 208, establishes that the Religious Land Use and Institutionalized Persons Act (RLUIPA) applies to decisions made by municipalities in the course of New York's environmental review process. In a scathing decision after trial, then-Judge Stephen Robinson of the Southern District had ruled that the Town of Greenburgh, in Westchester County, violated RLUIPA when it made a finding under New York's State Environmental Quality Review Act (SEQRA) that the proposed construction of a church could not proceed. Fortress Bible Church v. Feiner, 734 F. Supp. 2d 409.
The district court reached this conclusion, in large part, by finding that the “majority” of the Town's witnesses lacked credibility. The court went so far as to find “not only the admitted destruction of probative evidence, but the existence of evidence relevant to the issues before this Court that Defendants never produced to Plaintiffs. Outrageously, Defendants attempted to enter such previously undisclosed documents into evidence during trial.” The court therefore held “that the conduct of Defendants warrants both an adverse inference based on spoliation of evidence and sanctions.”
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.