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Real Property Division for Unmarried Cohabitants
Marriage-schmarriage, apparently. Family law practitioners, take note: According to a recent study by the National Center for Family and Marriage Research, the U.S. marriage rate is the lowest in over a century. Julissa Cruz, Marriage: More than a Century of Change, FP-13-13 (National Center for Family & Marriage Research) (2013) (available at http://bit.ly/1bv7OR6). Since 1970, the marriage rate has declined by almost 60% overall. The study details a less drastic decline among the educated, but nevertheless, a decline. Furthermore, family law attorneys in many states do not yet have the option of adding same-sex couples to their divorce practice. Same-sex couples in many states have no option but to cohabit unmarried, purchase property together, and intermingle their finances without the protections of an applicable divorce code.
Whether they cannot marry or choose not to marry, these unmarried, cohabiting couples embed themselves in years of financial entanglements only to find themselves in similar positions as our traditional family law clients: children in need of support, jointly titled property, mutual debt, and a desire to emerge from the relationship financially whole. They come to us for our expertise in child support, custody, and property division, as well as our saintly ability to maintain legal focus through the emotional minefields of the relationships' dissolution. Unlike our married clients who can opt to address custody, support, and property division under the umbrella of a divorce action in family court, unmarried cohabitants must litigate their property division through a separate, unrelated civil 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.
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.