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The Matrimonial Strategist
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Articles from Related Newsletters
Tracking Enhanced Earnings Awards
New York Family Law Monthly
Ever since the 1985 landmark case of O'Brien v. O'Brien was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice.

The ‘Faithless Servant’ Doctrine
Employment Law Strategist
Applying the "faithless servant doctrine," the Massachusetts Supreme Judicial Court recently permitted an employer to recover compensation it had paid to a high-level executive who had been the subject of numerous sexual harassment complaints by other employees.

Defending the Preference and Fraudulent Transfer Safe Harbor
The Bankruptcy Strategist
As shown in this article, some lower courts have inconsistently enforced the safe harbor provisions in the preference and fraudulent transfer context, generating costly litigation for the asserted cause of creditor recovery.

Lengthy Crimes, Limited Coverage: Recent Case Law Follows the ‘One Policy Limit’ Approach
The Insurance Coverage Law Bulletin
The recent decisions in Madison Materials, PBSJ, and Hartman & Tyner provide further support for the majority view that coverage for a multi-year crime is limited to one policy period despite successive policies in effect during the crime.

Top Stories
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Headlines
When Does a Nonemployee Spouse Have a Right to the Employee’s Retirement Accumulation?
In the first part of this article, published in December, we outlined the statutory spousal protection provisions that apply to employee pension and profit-sharing plans governed by ERISA. The article herein concludes the discussion.

Same-Sex Spousal Benefits
Godfrey v. Spano, decided in November 2009, afforded the court an opportunity to resolve the question of whether same-sex marriages that are valid where performed are entitled to full legal recognition in New York under the marriage recognition rule.

Trusts and Divorce
The first part of this article addressed the Traditional Heir’s Trust and Basic Insurance Trust. The conclusion herein discusses the Generation Skipping Trust (GST) Trust, Grantor Trust and Beneficiary Defective Trust.

Hedge Fund Founder’s Ex-Wife Files Suit Accusing Him of Insider Trading
The ex-wife of Wall Street magnate Steven Cohen, founder of the $13 billion hedge fund SAC Capital Advisors, filed a civil racketeering suit in December 2009 against Cohen in which she accuses him of committing insider trading violations.

March Issue in PDF Format