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Disclosure of ADR Affiliation
Los Angeles litigator William Ginsburg apparently thought it wouldn't be a problem to join an alternative dispute resolution (ADR) provider while it was conducting an arbitration for one of his medical malpractice clients. But California's Second District Court of Appeal saw it differently, establishing a bright-line rule on Jan. 22 when it held that a lawyer's membership in the ADR provider deciding his case must be disclosed to the other side. The decision appears to be the first to construe Standard 8 of the 2002 California Ethics Standards of Neutral Arbitrators in Contractual Arbitrations.
Because arbitrator Alan Haber failed to disclose Ginsburg's membership in his provider, ADR Services, a nine-day arbitration resulting in a favorable award for Ginsburg's client had to be vacated. “While that rule seems harsh, it is necessary to preserve the integrity of the arbitration process,” Justice Steven Perren wrote for a unanimous Second District panel in Gray v. Chiu, 2013 Cal. App. LEXIS 40 (2013).
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.