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Psychological, Parental Fitness, and Child Custody Evaluations
How many times have you reviewed an order for evaluation and found that the judge has requested a psychological evaluation of the parties? Perhaps you have seen proposed orders written by fellow attorneys who request a forensic child custody evaluation. Other orders may ask for a parental fitness evaluation or a parental competence evaluation. For many, these terms are poorly defined and leave the end-user of the order (the evaluator) uncertain as to the focus of the evaluation. This article offers' some clarity about the focus of each type of assessment, and suggests the types of questions addressed by each evaluation.
Psychological Evaluation
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.