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Current Trends in Long-Arm Jurisdiction
Particularly in these times when many people have had to travel out of state just to become or remain employed, an important but overlooked aspect of matrimonial law practice remains personal jurisdiction.
It is well established that personal jurisdiction is not required to dissolve the marriage or issue custody orders, (courts generally consider custody quasi in rem, see In re Marriage of Schuham, 458 N.E.2d 559 (Ill. App. Ct. 1983)). However, personal jurisdiction is required to fully adjudicate property and support rights. In addition to constitutional limits, states employ long-arm statutes to determine whether causes of action fall within their jurisdiction. With respect to matrimonial cases, these statutes usually require maintenance in the state of a matrimonial domicile at the time the cause of action arose, or the commission in the state of any act giving rise to the cause of action. This can be difficult to determine, particularly with no-fault grounds now being the primary means of divorce. With respect to parentage actions, generally conception or acts in the state which could cause conception, as well as failure to support a child within the state (or directing the child to reside in the state), can provide long-arm jurisdiction in those cases. Also as explained below, amendments to these long-arm statutes have changed the way courts analyze and decide jurisdictional issues.
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.