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When a U.S. soldier is deployed, or otherwise unavailable to defend his or her rights in a court of law because of military service, the law typically is clear: Proceedings must wait until the service member is sufficiently unencumbered by military duty to be able to prepare and present a case. Often, the delays imposed on court proceedings by the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. App. ” 501-597b, can work a real hardship on the opposing party to the action.
When the action being stayed is a divorce case, is there any recourse for the non-military-member spouse caught in limbo? On most such matters, the answer is probably “No,” at least until the service member's crucial duty is completed. However, one recent decision has opened the door to some limited relief for divorcing parties who may be harmed by a SCRA-compelled delay in the proceedings. In Lawry v. Lawry, 12/2413, NYLJ 1202574550134, at *1 (Sup., MO, Decided October, 2012)(Dollinger, J.), Supreme Court, Monroe County, was faced with a conundrum, but ultimately concluded that although a stay of proceedings is required due to the unavailability of a divorcing military member, that stay need not apply to all aspects of the divorce action.
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.
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.
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.