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The Changing Landscape of Divorce
New York remains the only state requiring establishment of fault in divorce, but the Miller Commission last year called for legislation to permit no-fault divorce in New York State. Despite the commission's recommendation and the actual passage of a bill by the New York State Assembly to establish irreconcilable differences as a ground for divorce, legislation enacting this ground has once again become stalled in the legislature.
In the recent case of Molinari v. Molinari, 2007 N.Y. Slip Op. 50781 (Sup. Ct., Nassau Co., 4/16/07) (Ross, J), Supreme Court Justice Robert Ross, head of Nassau County's Matrimonial Part, initially challenged the legislature to pass no-fault legislation by staying rendering judgment in the parties' fault trial until the legislature ruled on the pending legislation. The husband had sought the divorce based on the ground of constructive abandonment. He was unable to prove this ground, and his wife contested the divorce, presumably to gain concessions from him on the economic issues. This is a common ploy in New York in situations in which fault is difficult or too costly to prove (having to prove fault can raise the cost of obtaining a divorce in New York significantly and even put it out of reach of people with insufficient means). This is one of the major reasons no-fault laws have been repeatedly proposed. When it became clear that the legislation had once again stalled in the legislature, Judge Ross ruled against the husband and denied the divorce, thereby making any hearing of the economic issues moot.
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.