Features
Novel Internet Statute Strategies
The Internet presents special regulatory challenges. Any effective statute, for instance, must be prepared by an entity with the authority to draft, implement and, to some extent enforce, the statute. Efficacy, of course, hinges on jurisdiction, but the Internet knows no geography and, so, users leap boundaries with a finger poke or thumb flick. These challenges require novel statutory strategies to meet the Internet's current and future status as a channel and communications domain that requires regulation at various levels of operation and use, including e-commerce.
Features
DIY-ing to e-Plan
Professional services requiring insight and judgment ' and application of sophisticated expertise on a case-by-case basis ' seemed immune to the e-commerce onslaught. After all, no one wants to trust the future welfare of one's family and affairs to a device that makes the phrase 'computer problem' a redundancy. And why would people who need to spend thousands of dollars on estate planning even think about trusting an online service just to save a few dollars ' even if only to pass on post-mortem thoughts from the grave?
Features
White-Collar Crime: Another View
In a November 2007 article, we noted the government's aggressive enforcement and broad interpretation of federal money-laundering statutes, expressing concern that prosecutorial use of the statutes had been unfairly and improperly expanded. Elkan Abramowitz and Barry A. Bohrer, 'Federal Money-Laundering Statutes: Course Correction?' New York Law Journal (Nov. 6, 2007). In the same article, we expressed hope that the U.S. Supreme Court would take corrective action in cases then pending before it. …
Features
Cooperatives & Condominiums
In-depth analysis of recent rulings.
Features
Index
Everything contained in this issue, in an easy-to-read format.
HUD Proposes Changes to Home Mortgage Process
On March 14, 2008, the U.S. Department of Housing and Urban Development (HUD) published its 'Proposed Rule to Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs' (Docket No. FR-5180-P-01, 73 Fed. Reg. 14030). If this Rule takes effect, it would drastically change the way residential mortgage transactions are conducted.
The Case for Non-Discretionary Advancement Policies
Non-discretionary advancement policies provide officers and directors with the necessary resources to resist unjustified lawsuits. At the same time, they encourage highly qualified people to serve as officers and directors, 'secure in the knowledge that the corporation will absorb the costs of defending their honesty and integrity.'
Parallel Proceedings: The End of an Error?
Three years ago, two similarly minded district court decisions rocked federal regulatory agencies and the Department of Justice (DOJ) by rejecting longstanding assumptions about the proper conduct of simultaneous civil and criminal investigations, commonly known as 'parallel proceedings.' This article analyzes those decisions.
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MOST POPULAR STORIES
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
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