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Court Orders Trial to Consider State of Marriage Under No-Fault
An upstate judge has become the second to rule that a trial is required if a party disputes the factual underpinnings of a claim under the state's new no-fault divorce law, a measure aimed in part at eliminating the need for lengthy and expensive legal proceedings in contested divorces. Essex County Justice Robert J. Muller ruled on Feb. 1 that an “immediate trial” was required to resolve whether a 47-year marriage has “broken down irretrievably,” as is specified in the language of the no-fault statute, Domestic Relations Law ' 170(7), which took effect in October.
Justice Muller's ruling in Strack v. Strack, 841/10, follows the Jan. 26 short-form order of Brooklyn Justice Eric I. Prus requiring a trial in Stroffolino v. Stroffolino, 55910/10. That case had been appealed to the Appellate Division, Second Department, said Patricia A. Fersch, who represents the wife in Stroffolino.
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.