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Responsible Mediation and Domestic Violence
March 31 of this year marked the start of a potentially interesting dialogue. Family and divorce mediators had a joint, all-day conference at the Association of the Bar of the City of New York with an impressive array of professionals who have regularly worked and advocated for domestic-violence victims for decades. Since the inception of family and divorce mediation, mediators have struggled with the issue of whether cases involving domestic violence ' any kind of domestic violence ' should preclude mediation from occurring. Most advocates in the domestic violence community have been clear for some time: There should be no mediation when domestic violence is involved. Studies show that divorce and separation are dangerous periods for victims of domestic violence, and professionals in both fields want to protect victims' legal rights, as well as their physical and emotional well-being. But is there a process that can protect them to the extent we imagine? The New York City Bar's conference was just the beginning in exploring solutions.
The conference was a true effort to help mediators better understand domestic violence and to help them begin building a stronger relationship between professionals in both the domestic-violence-prevention community and the mediation community. I took away a variety of statistics, information regarding defining abuse, understanding better who an abuser and victim may be, and ' most importantly to me as a mediator ' a greater understanding of how to screen for domestic violence.
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.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.