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'Pre-Nupitis' ' Diagnosis and Treatment
Your secretary buzzes to tell you she has seated a client in your conference room who, while desperately trying to hold it together and to look dignified, is frantically twisting the brilliant enormous “bling” on the ring finger of her left hand. She is pacing the floor, tearing and shredding papers, muttering epithets and registering incredulity: “How could he?” “How dare he?” “Is it too late to cancel the wedding?” “We've sent invitations to 500 guests!”
Her problem is apparent and susceptible to diagnosis. Clearly, she is suffering from “pre-nupitis,” a disease that afflicts the so-called less-monied spouse (the LMS) who, in upwards of 95% of the cases, is the bride-to-be. She has been presented by her soon-to-be husband ' a few weeks before the wedding ' with a one-sided grossly unfair agreement. It contains waivers of her marital rights under the law, in the event of her husband's death or a divorce, cutting her out of any income earned or property acquired during the marriage. It eliminates her rights to spousal support and provides her with a fixed monetary sum ' usually a disappointingly low figure ' not based on any prediction of marital property accumulation, but rather akin to a salary. This amount, however, will not be received unless and until there is a divorce.
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.
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.
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.
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.