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A Proactive Approach Toward Estate Planning
Some states, such as Connecticut, Iowa, Massachusetts, New Hampshire, and Vermont, have legalized same-sex marriage while others ' like Maine, the District of Columbia, and Hawaii ' recognize or grant certain rights to same-sex couples. Most states, however, ban same-sex marriage and do not recognize such unions, even if they were legal in the state in which they took place. Most recently, California voters denied recognition of gay marriage in Proposition 8. In addition to a great majority of states, the federal government of the United States does not recognize same-sex marriage, despite recent comments by President Obama suggesting that he may address same sex rights in some capacity.
The issue is critical and hotly debated because marriage confers certain benefits under state and federal law that are generally denied to same-sex couples. Many of these protections and benefits pertain to estate planning. For example, most states grant certain rights and protections to married individuals in the event of the incapacity or death of a spouse. The federal government also confers certain tax benefits to married couples under the tax law that relates to estate planning. These rights are generally not granted to same-sex couples, making it imperative for same-sex couples to plan accordingly.
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.
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.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."