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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?
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.