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The Guardian <i>Ad Litem</i> As Mediator
In the high-conflict divorce, try as it may, a court has little to offer minor children caught in Mom and Dad's crossfire. Regrettably, in many, if not most, instances, the more resources directed toward high conflict divorces, the more opportunity for escalating the conflict, unintended though it may be. One of the reasons for this entrenching of positions seems to be the identification of a specific role with its concomitant stance for everyone involved.
Battling spouses by definition must be diametrically opposed to whatever the other thinks is a good idea or considers fair, reasonable or in the best interest of the children. This is a basic tenet of high-conflict divorce. Enter divorce litigators. This spousal polarity is reinforced, if not out-and-out encouraged, by their legal posturing and advice to “shoot-for-the-moon.” Very few divorce litigators worry about what's fair and reasonable, especially if it's moneyed high conflict. Now come the kids. The children have, hands down, the toughest lot. Adversarial divorce places children squarely in the middle of the fray with no cover.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
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.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.