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Essential Foundations of Preparedness for Procedures in the Divorce Process
The release of the January 2017 Report of the New York Chief Administrative Judge's Matrimonial Practice Advisory & Rules Committee (MPARC report), chaired by New York Supreme Court Justice Jeffrey S. Sunshine, provides the stimulus for reflection on the manner in which divorce lawyers process their clients' case matters from the moment that the potential client first walks through their office doors. Thus, it seems appropriate now to look at some of the practicalities of matrimonial practice and procedure in today's environment. What follows may strike experienced, diligent divorce lawyers as elementary, but it bears review from time to time as one's law practice develops and evolves, along with changes in the substantive law and in the procedures and rules applied by our courts. This is the same “back to basics” to which good lawyers, like star athletes, should periodically return.
The Beginnings
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.