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New York Broadens Definition of 'Constructive Abandonment'
A recent decision in New York State, extending the present definition of “constructive abandonment” under the grounds for abandonment in New York Domestic Relations Law (DRL) ' 170(2) to include a refusal to engage in “social intercourse,” as opposed to “sexual intercourse,” merits the attention of bench and bar.
In C.P. v. G.P., NYLJ, March 10, 2005, p. 20, col. 1 (Nassau Co., Falanga, J.), Justice Anthony J. Falanga determined the husband's motion to dismiss the two causes of action alleged in the wife's complaint: the first on the ground of constructive abandonment, and the second on the ground of cruel and inhuman treatment. In denying the husband's motion, the judge provided us with a virtual primer of leading cases on the interface between these grounds and such pleading issues as the statute of limitations, condonation, specificity, continuous courses of conduct and the level of misconduct necessary to constitute cruel and inhuman treatment. This is a decision worth retaining to consult, as these issues so frequently arise.
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.
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.
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.