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Exclusive Occupancy
Historically, the concept of “exclusive occupancy” during the course of a matrimonial proceeding has been based on the claims of one spouse that the other is physically violent or otherwise poses a great risk to the spouse seeking possession of the marital residence. While the children are often named as possible or actual victims as well, the concept of the children's best interests has not been associated with an order of pendente lite exclusive occupancy.
Of course, the applications for exclusive occupancy — and the rigid tenacity of the parent who declines to relocate himself (or, less often, herself) — are often founded in the usual laundry-list of reasons that have absolutely nothing to do with where one spouse or the other ends up living. Advice from counsel is often not focused on the children's best interests, but on other compelling issues in the divorce that are allowed to take precedence over the children's welfare, many of which are financially driven.
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.