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Caught in the Middle
Part One of a Two-Part Article
Having served as a financial and valuation expert in matrimonial proceedings for over 25 years, I, along with other veteran practitioners, have witnessed a fast-paced evolution of matrimonial litigation since the adoption of the concept of equitable distribution. Aside from the issues of fault, parenting and spousal and child support, the valuation of professional practices, closely held business and enhanced earnings, have been a major focus in numerous matrimonial cases. In many situations, a battle of the experts ensues over valuation issues, resulting in significant cost to the parties, and greater inevitability of trial. Judges are confronted with hearing and trying to understand the testimony of the experts and are left with the unenviable task of deciding between the opposing opinions based on issues of credibility and economic soundness.
Although prohibited by ethical standards, many experts are seen by the courts to be in the position of advocates. This presumption makes it even more difficult for the court to select between the opinions of the opposing experts. In an effort to reduce expense and eliminate the unstated presumption of advocacy on the part of the experts, the courts ' primarily those in the First Department ' began appointing their own experts, citing Zirinsky v. Zirinsky (AD-1 138 AD 2d 43, 529 NYS 2d 298) as the seminal authoritative case. The frequency of court appointment of neutral evaluators increased significantly ' again, most notably in the First Department. This trend spread to the other judicial departments; however, the Third and Fourth Departments still have not embraced the concept with the same enthusiasm.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?