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Fighting for Cats and Dogs
Everyone knows that divorce is a difficult process for the spouses involved and for their children, but you may not have thought of how it affects the family pet. Or maybe you have a beloved pet at home yourself and have wondered about this issue. The sad truth is that pets are often overlooked when it comes to divorce, and their status in the law is uncertain.
In a majority of jurisdictions nationwide, pets are put on par with a piece of furniture. Most courts that have published opinions on this issue have found that companion animals are personal property and therefore should be awarded to one party as part of equitable distribution. This approach may take into account some factors, such as who purchased the pet, in whose name the pet is registered or who pays the majority of the pet's expenses. It does not, however, take into consideration a multitude of other important factors, such as who cares for the pet on a daily basis, who brushes the pet, who feeds the pet, who cleans up after the pet, who takes the pet to the vet, who plays with the pet and who has the more appropriate home for the pet subsequent to the divorce.
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.