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The Child-Centricity of Our Matrimonial Courts
Despite amendments to statute and court rule, it unfortunately remains all too common for the court still improperly to see the renamed “Attorney for the Child” if not as an aid to the court, as a purported “impartial” and “independent” sounding board whom the court will hear first at any conference. (The title “Attorney for the Child” was officially changed from the term “Law Guardian” in accordance with the Laws of New York, 2010, Chapter 41 amending the Domestic Relations Law, Civil Practice Laws and Rules, Family Court Act, Public Health Law, and Social Services Law, as well as the Rules of the Chief Judge at 22 NYCRR ' 7.2.)
In this regard, the child's attorney often gives the court his view of the case, at least as it relates to his client, and sometimes includes his “opinion” on the parents, the parents' interactions, and their purported parenting skills. It then becomes a defensive battle for the parent's attorney to start trying to refute an opinion (sometimes skewed) that may very well be taken, if not as gospel, at least as a reliable starting point for discussion.
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.