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Once Suffolk County pays a landowner to acquire Pineland Development Rights, can the county give some of those rights back to the landowner, without even requiring the landowner to pay for them? When the county enacted a local law authorizing a local body to do just that, an environmental group challenged the local law, and the litigation reached Suffolk County Supreme Court in Matter of Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, 2016 NY Slip Op 26321. That court, in an opinion by Justice Thomas F. Whelan, invalidated the local law. The court's decision appears unimpeachable as a matter of equity, but the legal bases for the court's decision raise a number of questions.
The Case
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.
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.
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.