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Court Watch
Federal Court Issues Stern Warning to Counsel for 'Parasitic' ADA Lawsuit
In Costello v. Flatman, LLC, No. 11-CV-287, 2013 U.S. Dist. LEXIS 45860 (E.D.N.Y. Mar. 28, 2013), a federal judge denied a disabled plaintiff's application for attorneys' fees under the Americans with Disabilities Act (“ADA”) and, in doing so, reprimanded the plaintiff's attorneys for filing lawsuits against multiple small-business owners with the intent not to remedy the ADA violations and make businesses more accessible to disabled persons, but rather to collect attorneys' fees. The Hon. Sterling Johnson, Jr. of the Eastern District of New York informed counsel that their “parasitic” litigation strategies would no longer be tolerated.
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.