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Absence of No-Fault Divorce Encourages Perjury, Judge Says
Calling New York's failure to institute no-fault divorce “inexcusable,” a Manhattan judge has concluded that a husband should not be held liable for perjury for claiming he had not had sex with his wife for more than a year, during which time she gave birth. “[T]he question of whether plaintiff embellished the truth or even told outright lies in order to obtain the parties' uncontested divorce strikes me as far less important than resolving the issue” of parentage, which is in the child's best interests, Acting Supreme Court Justice Matthew F. Cooper wrote in ordering a paternity test.
“It is clearly time for the Empire State, as it is known, to reject a view of marriage that is more reflective of the time of the Empire of Queen Victoria than it is of the second decade of the 21st Century and at long last adopt the reforms that bar associations and citizen groups of all kinds have been demanding for years,” Justice Cooper wrote in Andrew T. v. Yana T., 310049/07.
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.