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'Rodriguez' Offers Common-Sense Revisiting of Double Dipping
After a few years of confusion, New York's Appellate Division, Second Department has brought some sanity back to the relationship between asset distribution and spousal support. Rodriguez v. Rodriguez, 'AD3d', 2010 NY Slip Op 00944 (2d Dept. 2010). Rodriguez reinstates a principle previously established by many courts, including the state's highest court, the Court of Appeals: Where an income stream is converted into an asset and distributed, the income used is no longer also available for spousal support ' it is classified as an impermissible “double dipping” or “double counting.“ McSparron v. McSparron, 87 NY2d 275 (1995); Grunfeld v. Grunfeld, 94 NY2d 696 (2000). That precept, which had also applied to business distributions, was later twisted and mangled by the Court of Appeals' Keane v. Keane, 8 N.Y.3d 115 (2006), and its progeny. It now returns in the decision in Rodriguez.
Keane v. Keane
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.