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Interim 'So-Ordered' Stipulations
During your representation of a spouse in a matrimonial action, the parties enter into a written stipulation. This stipulation may pertain to temporary child support or temporary custody or any other issue pendente lite. This stipulation is ultimately “so-ordered” by the court and states that the parties' agreement shall be effective until further written agreement of the parties or until further order of the court. The parties ultimately go to trial on all issues and the court issues a trial decision that is then memorialized in a judgment of divorce.
In New York, as one example, if the parties' So Ordered stipulation is either incorporated by reference in the judgment of divorce or if it merges into the judgment, the stipulation will be enforceable after the signing of the judgment; in the first instance, it will survive the signing of the judgment, or in the latter instance, it will become a part of the judgment itself.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."