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We conceptualize the evaluation process as comprising three elements. They are the gathering of information; the integration of that information in order to formulate opinions; and the organization and presentation to families, attorneys, and courts, of the information that was gathered, coupled with the expression of expert opinions formulated and recommendations offered.
In some cases, litigants express to their attorneys their disagreement with the findings reported, the opinions expressed, or the recommendations offered. It is our impression that, with increasing frequency, attorneys representing dissatisfied clients are calling upon forensic mental health professionals to perform work product reviews.
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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 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.
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.
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.
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.