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Nexus in Valuing the Enhanced Earnings of an Attainment
In the 1985 Court of Appeals decision in O'Brien v. O'Brien, 66 NY2d 576, 489 NE2d 712, (1985), the court ruled that the enhanced earnings associated with a professional license were “property” for equitable distribution purposes. Later, in 1995, the court upheld its decision in McSparron v. McSparron, 87 NY2d 275 (1995), and again, to an extent, in 2000 in Grunfeld v. Grunfeld, 94 NY2d 696 (2000). Similar cases have been decided, such as Elkus v. Elkus, 169 A.D.2d 134 and Golub v. Golub,139 Misc.2d 440, which involved the enhanced earnings of celebrity status, and Hougie v. Hougie, 261 A.D.2d 161, which involved the assessment of the parties' joint efforts during the term of the marriage, both direct and indirect, associated with Mr. Hougie's career as an investment banker.
But, in the enhanced earnings area, there is yet another burning issue — namely nexus — that has undeservedly received little commentary in case decisions. So what is nexus, and what role does it play in valuing the enhanced earnings of an attainment?
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.