Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Postnuptial Pact Challenge Goes Forward
In the first case to interpret the latest amendment to a perplexing New York matrimonial statute, a state judge has ruled that a Long Island woman may challenge the validity of her postnuptial agreement 12 years after it was signed, notwithstanding the three-year statute of limitations. The statute of limitations began to run only when plaintiff Janine Petracca initiated the divorce proceedings earlier this year, ruled Supreme Court Justice Jeffrey S. Brown of Nassau County.
The decision seeks to clarify an issue muddled by confusing precedent and repeated amendments to the controlling statute, Domestic Relations Law ' 250. The most recent amendment states that, for all cases filed after July 2, 2007, and not invalidated by a court, the statute of limitations for challenging a nuptial agreement is tolled until either one party dies or process is served in a matrimonial action, Justice Brown ruled in Petracca v. Petracca, 201099-08. “Moreover,” he concluded, “the statute should not be extended by construction beyond its express terms or reasonable implication to its language.”
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.