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A few weeks ago, the media was all over a touching story: A 26-year-old pregnant woman, suffering from a fast-moving malignant melanoma, tragically died when the tumor attacked her brain. Unlike the Terri Schiavo case, the woman's grieving husband and family all accepted that she was dead. But, believing that she would have wanted them to save her baby against all odds, they arranged for her to stay on life-support until the fetus was viable enough to be taken from its brain-dead mother.
The woman's body was kept “alive” for 3 months until the cancer, which was also growing due to the life support, ravaged the body and threatened to harm the fetus. At that time, the baby was removed from the mother's body, which was allowed to finally die along with the brain. Delivered at 29 weeks, the baby is reportedly healthy and doing well; any implications of the mother's disease to the baby are not yet known, but, according to the media quoting the doctors, it seems unlikely.
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.
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 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.
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.