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New York and Military Retirement vs. Disability Pay
In last month's newsletter we discussed a recent case in Texas in which the court attempted to protect the spouse of a military service member from having her share of her husband's military retirement cut off by the retiree's decision to opt for disability payments instead. In that case, Gillin v. Gillin, — S.W.3d —-, 2009 WL 4339164 (Tex.App.-San Antonio, 12/2/09), a Texas appellate court found the language of the couple's settlement agreement was in violation of federal law prohibiting state courts from distributing to a former spouse any portion of a retired service member's disability pension. Another case, this one decided by the Alaska Supreme Court (Young v. Lowery, 221 P3d 1006 (Alaska), struck down a determination that a husband's opting to take his retirement payments in the form of a disability pension was so wrongful that it created a constructive trust in his ex-wife's favor.
Is there nothing that can be done during the divorce process to help the military retiree's future ex-spouse to be certain to get the distribution ordered by the court?
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.