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The bench and bar are long weary of the surfeit of baseless proceedings to vacate pre- and post-nuptial agreements. A cursory review of decisional authority involving efforts to set aside marital agreements readily reveals that the odds are overwhelmingly against success. These efforts are often futile because they are correctly seen as nothing more than a last try to pressure the payor spouse to be more generous. The hope is that the monied spouse can be intimidated by general trepidation, the fear of legal costs and the difficulties of locating no-longer-extant evidence.
In a well-reasoned dissent in Gottlieb v. Such, 293 AD2d 267, Justice David Saxe cogently bemoaned 'the prevalence of excessive post-divorce litigation' and the necessity 'to find ways to discourage baseless post-judgment proceedings and offer instead protection against the enormous financial burden they entail.'
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?
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.
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.
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.
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.