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Year's-End Developments in Same-Sex Marriage Law
In December, the New York State Legislature failed to pass a proposed same-sex marriage bill. As everyone knows, however, that is not the end of the story. More attempts will be made, and many issues surrounding same-sex marriage will continue to be debated and litigated. For example, due to the fact that the State of New York has a relatively high number of gay and lesbian couples, and Canada and neighboring states have laws allowing them to obtain marriage licenses and to marry within their borders, the number of legally married same-sex couples in New York has been on the rise. This circumstance has led to confusion over what rights, if any, same-sex married couples enjoy on state and local levels while living in New York.
In response to the confusion, some government entities in recent years have published policy statements meant to clarify the issue. Two of those pronouncements were the subject of the recent litigation in Godfrey v. Spano, — N.E.2d —-, 2009 WL 3849908 (11/19/09), which dealt with two separate but related cases. The November 2009 Court of Appeals decision upheld the validity of the policies in both cases that extended certain rights to New York same-sex couples legally married in other states or countries.
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.
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.