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When Is 'Not Equal' Equitable?
It is well settled that Equitable Distribution does not mean equal distribution, and we counsel our clients that the tides shift toward “equal” the longer the parties are married ' particularly if there are children of the marriage. We also often default to thinking in terms of short marriages being unlikely to yield maintenance awards, particularly awards of any length. But is that what the cases are really telling us?
After examining numerous cases where there have been unequal divisions of assets, it remains difficult to decipher a clear pattern, although some trends are apparent. Of course, the lack of a pattern is consistent with the concept that the trier of fact is best positioned to determine what is equitable; however, this leaves us, the practitioners, scratching our heads and trying to guess what facts will sway a judge.
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.