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NY Parents Hit Between the Eyes
In a blow to divorcing New York parents with professional licenses, the Court of Appeals of New York recently upheld the decision of the Appellate Division, 3rd Department, that found no statutory authority for deducting enhanced earning contributions from the child support equation. The appellate court's majority concluded that the legislature “did not wish to have a child's lifestyle and support altered based on a distributive award.”
The case was Holterman v. Holterman, No. 73, 2004 N.Y. LEXIS 1520 (6/10/04) (Graffeo, J.), in which plaintiff wife Amy Holterman was awarded a 35% share of the present value of her husband's medical license, which amounts to $21,288 per year. In addition, she was given yearly child support of $34,876, based on her husband's income excluding spousal maintenance, but including the value of his medical license. The result is that the husband must pay his ex-wife approximately two-thirds of his income because the child support award does not take into account the fact that the wife is receiving a separate amount representing her share of the value of the medical license.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.