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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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
Bit Parts
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Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.