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Can Judges 'Friend' Lawyers?
It should be no surprise that the continuing growth of social media tools such as Facebook, Twitter and LinkedIn has led to questions about its use by members of the legal community, including members of the judiciary. In fact, New York's Advisory Committee on Judicial Ethics'has just issued Opinion 13-39, issued May 28, 2013, exploring the ethical constraints of social media use by judges, following one it issued in 2009 (Opinion 08-176, issued Jan. 29, 2009).
New York is not alone in tackling this subject. In February, the American Bar Association Standing Committee on Ethics and Professional Responsibility offered a formal opinion entitled “Judge's Use of Electronic Social Networking Media,” Formal Opinion 462, issued Feb. 21, 2013, and the subject recently has been debated and analyzed in a variety of states across the country (more on this below).
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.
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.
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.