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Articles from Related Newsletters
When Does a Nonemployee Spouse Have a Right to the Employee’s Retirement Accumulation?The Matrimonial StrategistIn 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.
What Rights Does an Abandoning Tenant Have?New York Real Estate Law ReporterBoth commercial and residential tenants sometimes face the personal or economic need to leave leased premises before the expiration of the lease term. In times of economic recession, the problem is more serious — both for landlords and for tenants — than in boom times. What rights does a tenant have in this situation?
Expert Witnesses: Exclusion of Expert’s Survey ResultsEntertainment Law & FinanceExperts use different methodologies to prove or disprove allegations of similarities between goods. In a trademark dispute over merchandise apparel sales, the U.S. District Court for the Southern District of New York excluded a plaintiff’s expert’s report that relied on a "sequential array" survey method to try to show that the defendants’ merchandise created a likelihood of consumer confusion.
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Headlines
Military Retirement vs. Disability PayEven when a lawyer is aware of the complications that can arise, attempts to protect a civilian party’s rights to a portion of a service member’s retirement may go awry. Recent cases in Alaska and Texas illustrate the problems that attempts to work around the laws can cause.
Sex Versus SocietyIn last month’s newsletter, we began discussion of a decision from New York’s Appellate Division, Second Department, in which the court concluded that the concept of constructive abandonment could not be extended to permit divorce due to social, rather than sexual, abandonment. The discussion concludes herein.
Tracking Enhanced Earnings AwardsEver 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.
NJ & CT NewsThe latest news from neighboring states.
Decisions of InterestRecent rulings of interest to you and your practice.
March Issue in PDF Format
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