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Mediator Neutrality: Seeing Both Sides
The theory underlying our adversarial legal system is that each person will hire a bright, skilled warrior who will see the situation completely from the perspective of the client, then present the strongest case possible to the judge. The judge will get the best information from each side, but will be neutral. Then the judge will see the situation “from above” and will render a decision that metes out justice and wisdom. But because of our overloaded and burdened court system, most judges do not have the time to get to know the people behind the caseload. People who go through the court system often end up feeling the judge did not really hear their story, and that they were not given a chance to speak.
Mediation gives clients the chance to be heard. One of the underlying assumptions of mediation is that people are the experts about their lives, their families and their needs. No expert will ever know or care about their issues as much as they do – because only they and their family will live with any agreements made.
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.
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.
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.