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Nexus in Valuing the Enhanced Earnings of an Attainment
In the 1985 Court of Appeals decision in O'Brien v. O'Brien, 66 NY2d 576, 489 NE2d 712, (1985), the court ruled that the enhanced earnings associated with a professional license were “property” for equitable distribution purposes. Later, in 1995, the court upheld its decision in McSparron v. McSparron, 87 NY2d 275 (1995), and again, to an extent, in 2000 in Grunfeld v. Grunfeld, 94 NY2d 696 (2000). Similar cases have been decided, such as Elkus v. Elkus, 169 A.D.2d 134 and Golub v. Golub,139 Misc.2d 440, which involved the enhanced earnings of celebrity status, and Hougie v. Hougie, 261 A.D.2d 161, which involved the assessment of the parties' joint efforts during the term of the marriage, both direct and indirect, associated with Mr. Hougie's career as an investment banker.
But, in the enhanced earnings area, there is yet another burning issue — namely nexus — that has undeservedly received little commentary in case decisions. So what is nexus, and what role does it play in valuing the enhanced earnings of an attainment?
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.
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?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The 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.