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Custody Findings Delayed During Military Deployment
Judges in New York will be prohibited from making permanent child custody decisions when a parent has been activated or deployed by the U.S. military, under a bill signed by Governor David A. Paterson. Sponsors said the legislation (A8722/S5860) would guarantee that the custodial status of military personnel will not be permanently changed because of their physical absence from their children while on military duty.
The amendment to Domestic Relations Law ' 75-1 does allow judges to make temporary modifications to custody orders, if such changes are in the best interests of the children of deploying service personnel. Deployments can be within the United States or overseas. However, upon return to New York of the service member, either party in a custody arrangement can request a new hearing at which a court will decide if there has been a change of circumstances that would justify making modifications to the pre-deployment custody order, the legislation stipulates.
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.