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When Is an Order Not an Order?
Part One of a Two-Part Article
At the recommendation of the “Matrimonial Commission” Report, which was issued in 2006, (see www.courts.state.ny.us/reports/matrimonialcommissionreport.pdf), it was deemed necessary to establish at the time of filing a motion-free way to immediately maintain the status quo regarding certain commonly occurring issues for divorcing couples. These issues generally related to the transfer or other disposition of assets, maintenance of insurance and beneficiary status, and accumulation of debt. The answer arrived at was the creation of “automatic orders,” first promulgated by an amendment to DRL '236B(2)(b) and then by Administrative Order under 22 NYCRR ' 202.16(a) (both effective Sept. 1, 2009).
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.