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Spousal Maintenance: Confronting the Emotion
In negotiations, as in mediation, many divorce attorneys find spousal maintenance to be one of the most difficult areas of conflict to resolve. This may be because spousal support often represents something entirely different for each spouse, and for each couple: Is maintenance meant to compensate for pain and hurt when the other party is leaving the marriage or having an affair? Is maintenance required to reimburse one party for past contributions to the career of the other party or to the family? Is maintenance viewed as an entitlement to one party or a source of guilt or failure to another? Was spousal support part of the “social contract” created within the family, which determined that one parent would stay home with children? Or were the parties never able to agree on such a social contract in the family during the marriage but one parent stayed home anyway? Is maintenance a source of anger because the receiving spouse is not working to his or her full “potential”?
As divorce attorneys, we know there are so many more variations, and that most couples do not have the same underlying view of maintenance; therefore, they have difficulty coming to a resolution in negotiations. There are certainly the legal, statutory factors to consider in negotiations; we can compare and contrast cases and discuss each factor and how they might be resolved by a judge, but such discussions are usually devoid of the real feelings the parties have about spousal maintenance. Thus, the parties never seem to find a resolution that does not feel thrust upon them. It is akin to discussing “grounds” for divorce in New York, when each statutory “ground” never really matches the couple's reasons for separating, but the couple is forced to accept a ground to obtain a divorce nonetheless. The law must be discussed and considered; nevertheless, I would argue that helping the parties to express and understand their underlying feelings about spousal support, with both parties present in a room together, could help the parties proceed to settlement with far greater ease.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.