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No-Fault Divorce
In Gleason v. Gleason, 26 N.Y.2d 28 (1970), the Court of Appeals heralded the benefits to society from the 1966 Divorce Reform Law, which repealed New York's “ancient divorce laws, which for almost 200 years sanctioned divorce solely for adultery.” Among the new grounds was the conversion divorce based on living apart for more than one year following a written and acknowledged agreement ' New York's closest brush with no-fault divorce up to that point.
The 1966 grounds persisted as the exclusive basis for divorce in New York for 44 years, notwithstanding the national no-fault trend that swept through the other 49 states. But, as every New York attorney knows, on Aug. 13, 2010, New York ended its distinction as the final frontier to embrace wrongdoing as the exclusive criterion for terminating defunct marriages. The legislature, nevertheless, preserved traditional fault based divorces, perhaps to shield religious or other concerns, such as immigration.
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.