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Modification After Opting Out of the CSSA
Recent amendments to DRL ' 236 Part B(9)(b) have changed the grounds for modifying a child support award. These changes have caused a profound shift in whether, and under what circumstances, parties should opt out of the Child Support Standards Act (CSSA).
By opting out of the CSSA, the rigid income formula used to calculate child support does not apply, allowing the parties to reach their own agreement on an appropriate amount of support. To properly opt out of the CSSA, a settlement agreement must contain: 1) an acknowledgment that the parties have been advised of the substance of the CSSA; 2) a statement that the basic child support pursuant to the CSSA would presumptively result in the correct amount of child support; 3) a calculation of what the CSSA basic child support payment would have been in the specific circumstances presented, and; 4) the reasons why the agreed-upon child support deviates from that set forth in the CSSA. DRL 240(1-b)(h); Gallet v. Wasserman, 280 A.D.2d 296 (1st Dep't 2001).
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.