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Rental Property Purchased with Separate Funds
Approximately 30 years after the enactment of Equitable Distribution Law, courts continue to grapple with issues of statutory interpretation pertaining to the classification of property as marital or separate. In Fields v. Fields, 15 N.Y.3d 158 (2010), handed down on June 10, the Court of Appeals addressed the issue of whether the husband's interest in a certain rental property, which was purchased by him during the marriage using his separate funds for the down payment, should be classified as marital or separate property. The court, with two judges dissenting, held that the townhouse in question constituted marital property subject to equitable distribution, notwithstanding the husband's purchase of the property with his separate funds.
Husband Buys Property, Wife Does Not
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.
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.
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.