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An 'Extra Parent': NY Law Can Accommodate That Situation
In today's world of shifting family roles and scientific changes in even how a child comes into the world, the question of who is a “parent” can get murky. We have seen surrogate mothers seek custody of children they carried for couples who provided their own egg and sperm; same-sex co-parents fight for visitation rights with children with whom they have no biological or adoptive connection; and grandparents argue that they are the “real” parent to a child whose biological parent might have been mentally or physically absent for much of a child's life. Now comes a new twist: the question of custody of a child born after three people decided they wanted to have a child. The case, Dawn M. v. Michael M., 2017 N.Y. Misc. LEXIS 807, *; 2017 NY Slip Op 27073 (Sup. Ct., Suffolk Cty., 3/8/17), presented a unique question to a New York court, but one that just might be repeated — in some form or another — in future cases.
In Dawn M. v. Michael M., Suffolk County, New York, Supreme Court Judge H. Patrick Leis III, granted shared custody of a child — identified in this action as J.M. — to a woman not related to him by blood, even though he already had two biological parents who shared custody. The plaintiff had been married to the biological father at the time the child was conceived, but this was not a simple case of an affair that produced a child outside of a marriage.
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.