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Ponzi Schemes, Settlement Agreements and the Mutual Mistake
During the current economic downturn, many people have unfortunately discovered that they have been the victims of sharp dealers and their Ponzi schemes. That means that some divorced couples and their attorneys now have one more thing to worry about. Now that an asset that went to one party has been found to be valueless, that settlement agreement that seemed so fair three years ago may no longer look so equitable. Can anything be done for the ex-spouse who finds himself stuck with a phantom asset?
In a dismissal of a suit, granted by State Supreme Court last year, the answer to that question was, “No.” However, the Appellate Division, First Department, took the case up and went the other way, finding that a man who took an account managed by Bernard Madoff as part of his share of the marital estate may seek to recover some of the “good” marital assets from his ex-wife. Simkin v. Blank, 3016, NYLJ 1202477009087, at *1 (App. Div., 1st, Decided January 4, 2011) (Gonzalez, P.J., Tom, Andrias, Catterson, Moskowitz, JJ.).
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.