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Enforcing Divorce Agreements
All New York legal practitioners are aware (or they should be) that an action for a breach of contract is subject to a six-year statute of limitations pursuant to the CPLR Section 213. Similarly, an action based upon mistake is also subject to a six-year statute of limitations. CPLR Section 213 (6).
That said, one would think that if one of the parties in a divorce action were to breach a separation agreement or a stipulation of settlement subsequent to the parties' divorce, such a proceeding would similarly be governed by the six-year statute of limitations applicable to breach of contract actions. After all, the Court of Appeals has treated separation agreements and stipulations of settlement as contracts, stating in the seminal case of Boden v. Boden that “the terms [contained in a separation agreement or stipulation of settlement], like other contract clauses, are binding on the parties to the agreement.” Boden v. Boden, 42 NY2d 210 (1977).
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.