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Constructive Emancipation
In New York State, a parent's duty to provide financial support to his or her child is reciprocal with the child's obligation to visit with the parent and obey parental directives. When a child fails to follow parental mandates and also refuses contact with his or her parent, that child may be emancipated and if so, the parent's obligation to pay child support will terminate. This process is called constructive emancipation, or emancipation by conduct.
Generally, a child may be deemed emancipated if that child becomes financially independent of his or her parents through marriage, through entry into the military service or by his or her physical abandonment of a parent. However, a child may also be deemed emancipated if, without cause, he or she unjustifiably withdraws from parental control and supervision, or unjustifiably refuses contact with the non-custodial parent. A non-custodial parent may seek a termination of support based upon his or her child's refusal to communicate, or on that child's failure to effectuate normal visitation. In other cases, a custodial parent may seek to terminate his or her obligation to provide support for the child due to the child's objectionable conduct or defiance of parental directives or mandates.
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.