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Qualified Medical Support Orders
President Obama's first term as President placed the issue of health care for Americans at the forefront and made it a frequent topic of the nation's daily conversations. The need to keep Americans, particularly children, insured and how to do so has been the subject of debates across the country, and the focus of individual states and the federal government. In the context of divorce, legislatures have placed mandatory requirements on parents to keep their children insured, and for spouses to keep each other insured, during the pendency of the divorce and beyond. This requirement to maintain health insurance is unique because legislatures and courts are reluctant to place obligations on divorcing parents above and beyond what is required of an intact family.
In Pennsylvania, for example, the Domestic Relations Code specifically requires either the custodial or noncustodial parent to provide “medical support to the children of the parties” “if medical support is available at a reasonable cost.” 23 Pa.C.S.A. ' 4326(c). The statute further defines “reasonable cost” as limited to 5% of the party's net monthly income or, if the party paying child support is also the party paying for the medical insurance, the combined expense of child support and medical coverage does not exceed the Federal threshold set forth in the Consumer Credit Protection Act.
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.
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.
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.