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When Business Interests Are Valued Subsequent to the Date of Commencement
In last month's issue, we discussed at length how, when the value of a business interest is impacted by adverse events subsequent to the date of commencement outside of the titled spouse's control, courts have recognized that it would be inequitable to ascribe a date-of-commencement value. Let us now address two other scenarios where valuing a business interest as of the commencement date value would unfairly prejudice one party because the change in value is in no way attributable to the titled spouse's active efforts. In both scenarios, courts have appropriately valued the business interest as of a date subsequent to the date the action was commenced. First is the situation in which the value of the interest either increases or decreases as a result of passive market forces. And second, courts have valued business interests as of a date later than the date of commencement if the value is increased due to the efforts and contributions of the non-titled spouse.
Passive Market Forces or The Efforts of the Non-Titled Spouse
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.
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.