Negotiating Confidentiality Agreements with the Government
February 27, 2008
In years past, a corporation could assume that, when it produced documents in response to a Department of Justice (DOJ) subpoena, there were limited risks that such documents would be disclosed to an entity outside of the investigation unless the government used them as exhibits in court proceedings. Two factors in recent years have changed that set of expectations and significantly raised the likelihood that documents produced to the government could end up in the hands of plaintiffs' lawyers, competitors, the news media, and others.
Obtaining Testimony and Evidence from Overseas Witnesses
February 27, 2008
The defense of white-collar crime increasingly involves the need to obtain evidence from witnesses located abroad. Without careful planning, exculpatory evidence may remain out of the reach of a defendant for whom such evidence is the only thing standing between him and a prison sentence.
Survey of Recent Developments in Criminal Antitrust Law
February 27, 2008
There have been numerous developments in U.S. criminal antitrust law over the last half-decade ' in legislation, judicial opinions, and the publicly stated enforcement policy of the Antitrust Division of the Department of Justice (DOJ). While none have been watershed events individually, in the aggregate they fundamentally impact representation of companies or individuals under investigation for antitrust violations. This article outlines the cumulative effect of these developments and indicates how representation of companies under antitrust investigation has changed over this period.
How Much Control?
February 27, 2008
There appears to be an increasing trend in municipalities in the United States to regulate aesthetics and use through the development of 'chronic nuisance' statutes that permit property closure, and regulation of vacant properties.
Negotiating to Make Rain
February 27, 2008
Research suggests that women are excellent at negotiating for others. They are not as good at negotiating for themselves. Similarly, women lawyers tend to lag behind men in developing business. Indeed, many abhor the prospect of making rain almost as much as the prospect of advocating for themselves. Yet the reality is that women who wish to make partner must also make rain.
Attorney Telecommuting
February 27, 2008
Telecommuting is all the rage in many sectors of our economy. With increasing regularity, lawyers and their firms alike are participating in this trend. Modern technology is a wonderful thing, and telecommuting permits firms (law and other types) to spread their tentacles into far-off uncharted waters. For attorneys and law firms, is telecommuting a bridge over troubled waters, or a long walk on a short pier? That is the question I address in this article.
NJ and CT News
February 27, 2008
Find out what's happening in neighboring states.
Jailed Inmates Have Parental Rights Too
February 27, 2008
When a man is in jail, it may be very difficult for him to keep in meaningful contact with his child unless he has the aid of concerned family members or friends. Apart from the emotional problems that may ensue for all parties if visits and phone calls are nonexistent or sporadic, the issue of meaningful contact becomes even more urgent when someone ' the child's mother, another relative or a social services agency ' wants the child freed for adoption.
