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The New Realities of California's Domestic Partnership Law
In late 2003, the California legislature enacted Assembly Bill 205 (A.B.205), a bill that has transformed the legal lives of more same-sex couples than perhaps any other legislation, either in the United States or in any other jurisdiction. The language of the legislation was utterly simple: As of Jan. 1, 2005, every California-registered domestic partner is subject to nearly all of the state-based rights and obligations that apply to married spouses in California. More than 28,000 couples had already registered by the end of 2004, and even though the law allowed either partner to unilaterally terminate the partnership prior to Jan. 1, 2005 to avoid the effects of the new law, fewer than 1500 couples actually terminated their partnership.
A limited set of older opposite-sex couples (who might otherwise lose Social Security benefits) are allowed to register as domestic partners, but the overwhelming majority of state-registered domestic partners in California have been, and will continue to be, same-sex couples. Thus, more than 50,000 lesbians and gay men now are subject to the extensive web of California Family Law – a greater number than all of the Vermont civil unions, Massachusetts marriages, and Canadian marriages combined.
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.
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.
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.