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Economic Abuse May Be Recognized By New York Courts
In 2002, the Appellate Division, Second Department, handed down what could be seen as an extremely significant decision in a custody case involving domestic violence ' Wissink v. Wissink, 301 AD2d 36 (2d Dept. 2002). Quoting New York Domestic Relations Law (DRL) Section 240 (1)(a), the Wissink court told the trial courts it expected them to pay careful attention to the legislature's mandate that in custody and visitation cases “the court must consider the effect of ' domestic violence upon the best interest of the child.”
The primary thrust of the Wissink case was to emphasize the need for careful evaluation of the psychological effects of domestic violence on the child, using up-to-date research and methodology. See Judith Reichler & Nancy S. Erickson, Custody, Domestic Violence, and a Child's Preference, NY Law Journal, April 24, 2003, page 4, col. 4. In a little-noticed paragraph of the decision, however, the court held that evidence of certain economically abusive behavior was relevant in a custody case and should not be excluded. This is a very important holding that should be examined by judges and attorneys and applied in other cases.
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.