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Changes in Store for Same-Sex Couples?
The election of Eliot Spitzer to the office of Governor may signal a sea change in the progress of attempts to make gay marriage a reality in New York. Before voters went to the polls on Nov. 7, Spitzer made national headlines when, in an October speech at a dinner, he declared his intention to support passage of a same-sex marriage law, if elected. The speech was delivered at a dinner hosted by the Empire State Pride Agenda, a New York nonpartisan lesbian, gay, bisexual and transgendered civil rights organization.
Spitzer's stance was not wholly surprising, but it is ironic that in 2004, in his position as the State's Attorney General, Spitzer's counsel put a stop to the wave of statewide attempts by couples to enter into same-sex marriages. The movement began when the Mayor of New Paltz performed ceremonies for several same-sex couples who did not have marriage licenses. Those marriages were later deemed void. Spitzer, at that time, told New Yorkers that the language of the Domestic Relations Law did not authorize the issuance of marriage licenses to same-sex couples because it refers throughout to 'brides and grooms' and 'husbands and wives.' He therefore advised local officials to refrain from issuing marriage licenses to same-sex couples and from officiating at their weddings. Attorney General Issues Opinion On Same-Sex Marriage, http://www.oag.state.ny.us/press/2004/mar/mar03a_04.html. At the same time, however, he did proclaim that marriages of same-sex couples lawfully entered into in other jurisdictions should be recognized in New York.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.