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Equitable Distribution of the Appreciation in Value of Separately Owned Residences
In the period of time since an article we authored with Pamela Sullivan, Esq. appeared in the February 2006 issue of this newsletter, courts continue to differ widely on the issue of the equitable distribution of the appreciation in value of a residence that is the separate property of one party. It is widely believed that a residence's appreciation in value is primarily “passive” in nature resulting from market forces outside of either party's control as opposed to the “active” efforts of either spouse. Yet despite the classification of this appreciation in value as mostly passive in nature, courts still frequently have awarded non-titled spouses a share of the appreciation in a separate property residence due to direct or indirect, financial or nonfinancial, contributions to the economic partnership of the marriage ' often without any demonstrated nexus between such contributions and the increase in value of the residence.
Unfortunately, financial and nonfinancial contributions are generally not spelled out in the judicial decisions, particularly when only the appellate, and not the trial, decision is published. However, it seems clear that courts distribute the appreciation in separately owned residences based upon fact-sensitive, case-by-case inquiries as well as assessments of the parties' meeting their respective burdens of proof and the credibility of each party's evidence. The overarching goal of the courts appears to be reaching an equitable result considering each party's role in, and contributions toward, the marital relationship and the acquisition of marital property.
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.