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A Negotiation Tool for Spousal Maintenance
The temporary spousal maintenance law that became effective in New York State on Oct. 12, 2010, provides formulas for calculating temporary maintenance guidelines. While these relatively new formulas determine temporary maintenance amounts until the final resolution of the divorce, final maintenance (i.e., maintenance resulting from a divorce decree) has long-lasting effects on both parties. There is no one correct answer to the question how to determine the amount of final maintenance.
If the intent of both parties is to settle the dispute, reasonable income and expense forecasts must be made so that both parties understand the range of potential outcomes of a particular maintenance amount and duration. Knowing the range of likely outcomes based upon a particular amount and duration of spousal maintenance provides a framework for negotiations. Forecasting each spouse's financial future is an exercise in determining the “need” of the non-monied spouse, and the “ability to pay” of the monied spouse. We will call this forecasting process a “Need-Ability Exercise.”
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.