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The Supreme Court and Same-sex Marriage
In the last day of its October 2012 Term, the U.S. Supreme Court handed down two historic decisions that were immediately hailed as victories for supporters of same-sex marriage. In one of the cases, United States v. Windsor, No. 12-307, 2013 WL 3196928 (U.S. 6/26/13), the Court had been asked to rule upon the constitutionality of the Defense of Marriage Act (DOMA), a federal statute that limited marriage to heterosexual unions of one man and one woman for purposes of federal law. In a 5-4 decision, the Court in Windsor held that DOMA's definition of marriage was violative of the constitutional guarantees of due process and equal protection. As a result, in states where same-sex marriage is legal, same-sex spouses would be able to enjoy the rights and privileges granted to heterosexual married couples under federal law.
In the other case, Hollingsworth v. Perry, No. 12-144, 2013 WL 3196927 (U.S. 6/26/13), at issue was the constitutionality of Proposition 8, a 2008 California ballot initiative that sought to amend that state's Constitution to define marriage as the union of a man and a woman. In that case, also in a 5-4 decision, the Court held that it did not have jurisdiction to determine the case on the merits. The decision let stand a lower court ruling that had struck down Proposition 8 as unconstitutional, paving the way for same-sex couples to marry under California law.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.