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Fighting Against the 'SUNY Cap'
For many years, much of New York's legal community has believed in the supposed strictures of the so-called “SUNY cap.” If the parents cannot agree and there is no provision for college expenses in their divorce settlement agreement, then no matter what school the child actually attends, the tuition charged by the State University of New York (SUNY) represents the maximum amount parents supposedly may be compelled to pay for their children's college education.
But while the SUNY cap has taken on the aura of a rule to many New York practitioners, a recent decision handed down by Manhattan Supreme Court Justice Matthew F. Cooper is highlighting the fact that although the SUNY cap has its place, it is not the last word. That case, Pamela T. v Marc B., 2011 NY Slip Op 21355, deserves a serious look.
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.