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New York Allows Same-Sex Marriage, While National Case Law Evolves
New York's legislature's decision to permit same-sex partners to marry within the State came June 24, after a nail-biting lead-up. For weeks, many questioned whether the measure would come to a vote at all, and whether enough Republican senators could be persuaded to vote in favor, along with the majority of Democrats (only one Democrat, the Bronx's Ruben Diaz, voted against it). The bill passed after provisions were made to protect religious institutions from being sued or penalized by the State for declining to perform same-sex weddings or permit them to take place in their facilities. The legislation also contains a non-severability clause, which says that if any portion of the law is judicially declared invalid, the entire law will become invalid. This will prevent courts from declaring the religious institution exemptions unlawful while upholding the right of same-sex couples to marry in New York.
The law went into effect 30 days after passage, on July 24, and at press time, wedding plans were being made statewide and beyond (the law allows out-of-state same-sex couples to wed in New York). New York is now the Sixth and largest state to allow same-sex partners to marry; the others are Connecticut, Iowa, Massachusetts, New Hampshire and Vermont. Same-sex marriages may also be entered into in the District of Columbia.
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.