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Grandparent Visitation
A client comes to your office and explains that her husband died recently and that she is the mother of school-age children. After expressing your condolences, you learn that your client's mother-in-law has demanded a regular schedule of visitation, but the client doesn't trust her. She believes, from past experience, that the grandmother is intrusive and will be more intrusive now that her son has died, and she is most concerned that her mother-in-law will undermine her role with her children. During the interview you learn that the mother-in-law has had a divisive influence on members of her own family.'
The client, although sad and understandably upset, is educated, intelligent, and clearly a caring, fit parent (the latter term having significant implications in the analysis to follow). She begins to cry, reaches for her bag and removes some papers that she spreads out on your desk ' a family court visitation summons and petition that she was recently served. She's due in court in a week.
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.
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.