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Saving Agreements with Defective or Missing Temporary Maintenance Recitals
New York's interim maintenance statute (2010 N.Y. Laws Ch. 371, ' 1, codified at Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a.), which the Legislature enacted in 2010, has been widely criticized as overly formulaic ' and, because it requires judges to consider many factors in each decision, unduly cumbersome. See, e.g., Joel Stashenko, Maintenance Bill's Formulaic Approach Drew Opposition, NY Law Journal, July 7, 2014 (quoting members of the bench and bar, though some defend the use of formulas); Lee Rosenberg, Multiple Flaws Abound in New Interim Spousal Support Statute, NY Law Journal, Feb. 25, 2011.
Less discussed, but also potentially troubling, are the requirements that the statute imposes on agreements. Those regarding temporary maintenance, to be enforceable, must include a calculation of what would have been the level of temporary maintenance under the formula; a recitation that said “presumptive award” is “correct”; and, if the parties agreed to some other amount, a recitation of the reasons why. DRL ' 236B subd. 5-a(f). Those requirements should be familiar to the matrimonial bar, as the Legislature took them almost verbatim from the requirements for agreements about child support. Compare id . with ' 240 subd. 1-b(h). The Child Support Standards Act inserted identical recital requirements in that paragraph and in Family Court Act ' 413 subd. 1(h). For simplicity, this article cites only to the DRL.
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.
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.