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Caveat Kojovic v. Goldman
The bench and bar are long weary of the surfeit of baseless proceedings to vacate pre- and post-nuptial agreements. A cursory review of decisional authority involving efforts to set aside marital agreements readily reveals that the odds are overwhelmingly against success. These efforts are often futile because they are correctly seen as nothing more than a last try to pressure the payor spouse to be more generous. The hope is that the monied spouse can be intimidated by general trepidation, the fear of legal costs and the difficulties of locating no-longer-extant evidence.
In a well-reasoned dissent in Gottlieb v. Such, 293 AD2d 267, Justice David Saxe cogently bemoaned 'the prevalence of excessive post-divorce litigation' and the necessity 'to find ways to discourage baseless post-judgment proceedings and offer instead protection against the enormous financial burden they entail.'
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.