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Matrimonial Litigants and Zones of Privacy
A recent decision of the Appellate Division, First Department, addressed the rights of matrimonial litigants to shield their identities from publication in reported decisions. In Anonymous v. Anonymous, 27 A.D.3d 356 (1st Dept 2006), the court, citing People v. Jones, 47 NY2d 409 (1979), held that judicial approval of anonymous captions in divorce actions should be granted 'sparingly' and 'only when unusual circumstances necessitate it.' Earlier decisions of trial and appellate courts have manifested a judicial policy to allow anonymous captions only when necessary to promote some public interest, including the need to safeguard the health and welfare of children.
By way of example, courts have allowed the use of an anonymous caption in custody matters when necessary to safeguard the best interests of children (see, e.g., Anonymous v. Anonymous, 158 AD2d 296 (1st Dep't 1990), and refused such requests where the contested issues primarily concerned the parties' finances (see, Merrick v. Merrick, 154 Misc2d 559 (Sup. Ct., NY Cty. 1992)). The court in Anonymous, supra, denied plaintiff's request to disallow public attendance at the proceedings based upon 'unsupported speculation' of the negative effect media coverage might cause to the children, yet allowed the use of an anonymous caption to promote the children's long-term interests. In Merrick, the court noted that, although the wife had asserted a potential deleterious effect on the children in the absence of an anonymous caption, she had failed to support her claim beyond mere assertion.
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.