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Who Is a Parent?
Part Two of a Two-Part Article
In last month's newsletter, we looked at two recent cases in which New York courts determined that non-biological/non-adoptive parents could or could not seek ongoing relationships with their former romantic partners' children. In one, the Appellate Division, Second Department, concluded that a woman could seek to prove that her former same-sex partner should help support the child the petitioner conceived through artificial insemination, allegedly because the respondent had assured the petitioner that she would help to raise the child. Matter of H.M. v. E.T., — N.Y.S.2d —-, 2010 WL 3023919 (2d Dept, 8/3/10) (Fisher, J.P., Covello, Angiolillo, Balkin and Chambers, J.J.). In the other, Supreme Court, Orange County, denied a man's request to be declared the father of children that his former girlfriend adopted during their relationship, saying he was a “legal stranger” to the children without standing to petition for paternity. Matter of P. v. B., NYLJ 1202464236647, (Sup. Ct., Orange Cty. 7/28/10) (Kiedaisch, J.).
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.