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How Will It Play in New York?
Judge Marilyn O'Connor of Family Court, Monroe County, issued a controversial order in March barring a frequently homeless couple from having any more children until they can show that they will be able to care for the four children they already have. The case, Matter of Bobbijean P., N.Y.L.J. 5/17/04, Vol. 94; Pg. 20, came before the court after a child born to the couple in March 2003 was removed from their care 1 week after birth. The child was found to have cocaine in its system at birth, just like two of its older siblings; all four children, currently ranging in age from 1 to 6 years old, were placed in foster care soon after their births.
Neither parent chose to attend the hearing at which the order was issued, and neither of them was represented by counsel. The judge found, based on uncontroverted evidence, that the couple had abused drugs for years, had not supported their children, and that both parents were guilty of neglect. She then issued her order, which prohibits either parent from having more children, but does not require the couple to seek sterilization or impose any particular birth control method on them. Nevertheless, should the woman become pregnant or the man father a child following the date of the court's order, the respondents could be subject to sanctions for contempt.
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.
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.