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The Problem with Europe's 'Right to Be Forgotten'
Mario Costeja Gonz'lez was a tax cheat. In 1998, years of dodging social security taxes finally caught up with the 43-year-old Spaniard. To pay his tax debt, the government seized the Barcelona resident's condo and threw it on the auction block. The debtor's sale garnered a brief, 36-word mention in the property blotter of a local newspaper, La Vanguardia.
Twelve years later, Gonz'lez was back on top. He built a successful consulting firm and dutifully paid his taxes for more than a decade. But in 2010, La Vanguardia digitized its old articles, opening them up for indexing by search engines. When Gonz'lez searched for himself on Google, he found the short debtor's sale article mentioning his name on the first page of results.
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.