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Governor's Veto Kills FL Child-Sharing and Alimony-Reform Bill
Florida's Governor Rick Scott has vetoed a contentious bill that would have created a legal presumption in nearly all child custody cases in favor of equal time sharing between parents. The 50-50 starting point for making custody decisions would have required parents seeking a different arrangement to jump through many more hoops to get a greater time allotment. The presumption that equal time sharing would be best for every child would not have attached in certain cases, such as when one parent is incarcerated, or has been found guilty of domestic abuse. But in more common scenarios, those against passage of the law feared it would hobble judges in their quest to serve the best interests of children. For example, a newborn might be separated for long periods of time from a nursing mother, or a child in special need of stability might have to shuttle between homes on a too-frequent basis.
“Current law directs a judge to consider the needs and interests of the child first when determining a parent plan,” Gov. Scott wrote in his veto message. “This bill has the potential to up-end that policy in favor of putting the wants of a parent before the child's best interest by creating a premise of equal time-sharing. Our judges must consider each family's unique situation and abilities and put the best interests of the child above all else.”
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.