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Same-Sex Marriage in New York
It had to happen. While many in front of and behind the political scenes have fought the concept of same-sex marriage, the well-established principles of full faith and credit or comity make it inevitable that same-sex marriage and the concomitant right of those couples to divorce would be somehow recognized in New York.
In two recent state court cases, the Fourth Department's Feb. 1, 2008 decision in Martinez v. County of Monroe, AD3d , 2008 NY Slip Op 00909 (4th Dept. 2008), and the Feb. 25, 2008 decision in Beth R. v. Donna M., by Justice Laura E. Drager in the Supreme Court New York County, the application of these settled constitutional precepts mandates the recognition of same-sex marriage in New York. Further, once the union is accepted as a marriage, as it must be, the right to terminate the marriage under the Domestic Relations Law, should also apply.
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.
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.
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.