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Federal Courts Are Policing Their Borders In Declaratory Actions
When instituting a declaratory action for insurance coverage, many litigants prefer federal courts over state courts. The reasons include faster-moving dockets, and the experience of federal judges. Preferences aside, federal courts must have subject matter jurisdiction to decide a declaratory action, and are tasked with policing their own jurisdiction if such issue is not raised by a party. The Federal Declaratory Judgment Act creates only a remedy, not a basis for jurisdiction. Either diversity jurisdiction or federal question jurisdiction must still exist to pursue a declaratory judgment action in federal court, and courts increasingly are questioning jurisdiction and dismissing declaratory actions on their own initiative.
CE Design
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.