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New York's Post-Marital Compensation
Last month, in the first part of this article, we discussed the controversial proposal to replace New York's current maintenance scheme with “Post-Marital Income Guidelines.” That discussion described the background leading up to the proposal and laid out the details of legislation that has been sponsored by Assembly Member Amy Paulin, which mirrored a proposal by the Coalition for Post-Marital Income Guidelines. What follows is a critique of the proposed legislation, based in large measure on a report of the Legislative Committee of the Family Law Section of the New York State Bar Association. This writer is one of the co-chairs of that committee, and a co-author of the report. The other authors of that report were Elyse Goldweber, Esq., of Goldweber & Epstein LLP, Marcy Wachtel of Katsky Korins LLP, and Adam John Wolff of Kasowitz Benson Torres & Friedman LLP.
What the Legislation Is Not
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.