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Challenges in Preparing the Prenuptial Agreement
Part One of a Two-Part Article
Many attorneys, even those who do not regularly practice matrimonial or family law, may find themselves in a situation in which a client who is contemplating marriage asks for advice on the preparation of an antenuptial agreement. This happens, more often than not, when the client is wealthy, has been married and divorced previously, or both. While an antenuptial, or prenuptial, agreement may contain many of the elements of a separation or settlement agreement, it is, in many ways, a more complicated document. As with all agreements, clear and concise drafting is essential. The prenuptial agreement, however, requires additional delicacy and greater consciousness of the too oft ignored Standards Of Civility (22 NYCRR Part 1200). Although, typically, the “pre-nup” involves a marriage other than a first or a situation where one intended spouse is in a superior economic position than the other, in the litigious world in which we find ourselves today we see more and more parties of all kinds who want to define their rights and obligations in the event of divorce or separation — or one of their parents wants them to.
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.