Features
NY Divorce Rule Freezes Couple's Assets Without Court Order
As of Sept. 1, 2009, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.
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How to Succeed in a Relocation Case
It can be a difficult task to persuade a court that it should permit the relocation of a child. Here are some of the pitfalls and how to avoid them.
Year's-End Developments in Same-Sex Marriage Law
In December, the New York State Legislature failed to pass a proposed same-sex marriage bill. As everyone knows, however, that is not the end of the story. More attempts will be made, and many issues surrounding same-sex marriage will continue to be debated and litigated.
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Business Crimes Hotline
National rulings of importance.
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In the Courts
Recent rulings of interest to you and your practice.
Features
The Speech or Debate Clause
A recent indictment of a former Member of Congress has rekindled the legal debate over the scope and effect of the Speech or Debate clause and perhaps presages a return to the Supreme Court for a ruling to settle the conflict among the circuit courts about interpretation of the Clause.
Features
New Use of Wiretaps in Insider Trading Cases
On Oct. 16, 2009, federal agents arrested Raj Rajaratnam, the founder of hedge fund Galleon Group, in an alleged insider trading scheme that involved well known public companies and thus far 20 defendants, including lawyers, stock traders, management consultants, and executives inside the issuers themselves. Wiretapping was part of the case.
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Who's Allegedly 'Cooking the Books' and Where?
In a poll conducted during an April 23, 2009 Deloitte online seminar entitled "Managing Fraud Risk: Insights and Practical Strategies," 72% of the 2,123 respondents indicated a belief that the number of accounting frauds uncovered would increase over the next two years.
Features
Restructuring in Canada
This article is an attempt to familiarize American readers with some of the nuances and new amendments you may encounter if you are involved in a Canadian insolvency situation.
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Post-Bankruptcy Legal Fees
Lenders, financial advisers, accountants, indenture trustees and other professionals who bargain for reimbursement of their legal fees should be reassured by <i>Ogle v. Fid. & Deposit Co. of Md.</i> Here's why.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
