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New York Courts Address Parental Alienation
Both custodial and non-custodial parents often worry that they are being bad-mouthed by their exes when the kids are in the other parent's care. Sometimes they are right. Sometimes they are wrong.
When the question of parental alienation and its influence on custody matters becomes an issue for the courts, problems of proof may arise on both sides of the conflict. For example, in a case decided in December 2009 by the Appellate Division, Second Department, a mother's attempt to have her child's custody arrangement changed on the basis of parental alienation failed. In fact, although she had brought the original petition to have an agreed-upon custodial arrangement changed due to her children's father's alleged attempts to alienate them from her, the hearing court found that it was in fact she who was guilty of such actions. On appeal, the Second Department looked at the evidence she proffered ' or, in her case, the lack thereof ' and agreed with Westchester County Family Court that the award of physical custody to the father should not be disturbed. Adams v. Perryman, — N.Y.S.2d —-, 2009 WL 4680555 (2d Dept. 12/8/09).
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.