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When an Unborn Child Is Moved Across State Lines
Can an adult's decision to move to a new state be considered “reprehensible behavior”? Well, maybe, if she is pregnant. That is according to a New York Family Court referee, who recently declined to consider a custody case, instead letting a California court decide it, despite the fact that the child in question was born in and resided with his mother in New York.
Certainly, moving a child who is the subject of custody order out of state can land a parent in trouble, and the courts of the state from which the child was removed will retain jurisdiction over the matter so long as it is raised within a reasonable time of the wrongful move. But the case of McK v. M. puts an unusual twist on the question: In the context of a custody dispute, at what point does a parent's right to move where she chooses become legally abridged by wishes of the other parent? Is it soon after conception or some time after birth?
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.