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Understanding Equitable Distribution
As the definition of marital property continues to expand and embrace more and more esoteric forms of property, equitable distribution cases become increasingly complex. Consequently, the tendency for matrimonial lawyers is to rely on the valuation expert and to blindly accept and utilize the bottom line numbers contained in their reports. The pitfall is that, whether in the context of settlement negotiations or litigation, in order to properly prosecute or defend the client's case, the matrimonial practitioner cannot wholly rely on the expert. The attorney must be able to understand on his or her own the analytical components and premises of the valuation methodology.
One frequently used valuation methodology, often seen in the context of valuing a professional partnership interest, is the capitalization of excess earnings method. In this approach, the amount of the titled spouse's earnings in excess of reasonable compensation - the so-called goodwill in the entity - is multiplied by a capitalization rate in order to arrive at the value of the interest in the partnership.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.