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Sex Versus Society
Late last year, the Appellate Division, Second Department, was confronted with the question of whether the judicially created concept of “constructive abandonment” could be expanded beyond its historic definition of sexual abandonment to include a persistent unrelenting pattern of social abandonment of a spouse. The court declined to expand the concept and held in Davis v. Davis, 2009 NY Slip Op 08579, 2009 WL 3873026, that social abandonment did not constitute a valid ground for divorce in New York.
The court based its determination on five factors, noting that any of them “supports the conclusion that 'social abandonment' is not a recognized ground for divorce” in New York. In the Davis decision, the court offered a very thorough and detailed review of the history of constructive abandonment, and anticipated many of the questions and concerns that the matrimonial bar would raise in response to its ruling; however, after a careful read of the decision, many questions remain as to why the concept of constructive abandonment should not be expanded at this time.
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.