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Divorce Cases Are Complicated by New Maintenance Rules
A new system for calculating interim maintenance awards in matrimonial actions, adopted last year to make no-fault divorce more palatable, is under fire from many attorneys who say it is confusing, and potentially inequitable.
There are three new sections in the Domestic Relations Law (DRL) that have made significant changes in the divorce process. Section 170(7) added a new ground for divorce, permitting the action if one party declares that a marriage “has broken down irretrievably” for at least six months. All economic, property distribution, and child custody and visitation issues between spouses must be resolved before a divorce can be granted. Section 236B(5-a) established a formula for courts to apply when determining trmporary maintenance for spouses with significantly less income than their partners. It also expanded factors cours must consider when deciding permanent post-divorce maintenance. Section 237(1) created the rebuttable presumption that “counsel fees shall be awarded to the less monied spouse” in a divorce action.
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.
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.