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Foreign Civil Unions
The matter of Debra H. and Janice R., 14 NY3d 576, decided by the Court of Appeals on May 4, 2010, has dramatically changed the laws on parenthood as we know them in New York State.
The Court of Appeals' prior seminal decision on the subject, Alison D. v. Virginia M., 77 NY2d 661 (1991), had held that only a child's biological or adoptive parent has standing to seek visitation against the wishes of the child's fit biological parent. In Alison D., the Court of Appeals held that it is the child's mother and father who have the right to the care and custody of their child. To allow a third-party visitation would impair a parent's rights to custody and control. Thus, the petitioner, Allison D., had no standing to petition the courts for visitation, as such a right would displace that of a parent to decide what is in his or her child's best interest.
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.
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.