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Lawyers at Parent Psychiatric Evaluations
Parents embroiled in custody disputes are often ordered to submit to a psychiatric evaluation, which the court may later consider in making its ultimate decisions. Because of the sensitivity of this type of exam, some attorneys or their clients will deem it imperative that the examinee's attorney be present. As we saw in Part One of this discussion, most of these requests are honored without opposition. Even when an opposing party or the doctor who will conduct the examination complains that no third party should be permitted to attend, courts in New York have generally allowed those undergoing physical or psychological exams to bring their lawyers into the examination room with them. The trial court in M.A.M. v. M.R.M., 2012 N.Y. Misc. LEXIS 5644; 2012 NY Slip Op 52299U, analyzed the common readings of New York precedent and found it prudent to bar an attorney from sitting in while his client was examined in conjunction with a child custody case. We continue our discussion of the rationales behind this decision herein.
New York State Precedent: Many Views
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.