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Cognitive Encapsulation: Thinking Inside the Box
This article is the second of two that address the ways in which education, training, and experience in providing health services often creates a cognitive box from which practitioners must extricate themselves if they wish to perform forensic services. The first article, published in our March 2013 Issue, addressed the ways in which backgrounds in providing health services shape interviewing methods and create a desire to assist those with whom mental health practitioners professionally interact. It presented the position that forensic interviews differ from those conducted in treatment contexts and that forensic evaluators cannot advise or assist those who are being evaluated in forensic contexts.
This second article addresses the selection of assessment instruments, issues of privacy and disclosure, evaluator-evaluee interpersonal dynamics, and the need for providers of forensic evaluation services to examine with care the bases for the opinions expressed by them.
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.