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'No Fault' Divorce
In October 2004, I wrote a column for The New York Law Journal outlining the status of “no fault” divorce in the State of New York (Lee Rosenberg, Outside Counsel, “Is the Time Ripe for No-Fault Divorce?” NYLJ 10/20/04 at 4, col 4). In the interim between then and now, we still await consideration of the proposed legislation submitted by the Family Law Section of the New York State Bar Association urging the enactment of a long-overdue no fault statute.
As it stands, many courts that remain constrained by the existing statute (DRL ” 170 and 220), particularly in the Third Department, continue to deny parties their divorces, usually for failure to meet the criteria for the establishment of cruel and inhuman treatment. See, eg, Gerber v. Gerber, __ AD3d __ , 2005 N.Y. Slip Op. 01424, (3d Dept. Feb. 24, 2005); Jacob v. Jacob, 8 AD3d 725 (3rd Dept., 2004) Omahen v. Omahen, 289 AD2d 890 (3rd Dept. 2001); Murphy v. Murphy, 257 A.D.2d 798 (3d Dept. 1999); Doyle v. Doyle, 214 AD2d 918 (3rd Dept. 1995) lv. den. 87 NY2d 809, (1995). See also, Archibald v. Archibald, __ AD3d __, 2005 NY Slip Op. 01152 (2d Dept. 2/14/05); D.A. v. B.E., 2005 NY Slip Op 50281(U), (Sup Ct. Queens Cty. 1/2705) (Lebowitz, J.)
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.