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Economic Abuse May Be Recognized By New York Courts
In 2002, the Appellate Division, Second Department, handed down what could be seen as an extremely significant decision in a custody case involving domestic violence ' Wissink v. Wissink, 301 AD2d 36 (2d Dept. 2002). Quoting New York Domestic Relations Law (DRL) Section 240 (1)(a), the Wissink court told the trial courts it expected them to pay careful attention to the legislature's mandate that in custody and visitation cases “the court must consider the effect of ' domestic violence upon the best interest of the child.”
The primary thrust of the Wissink case was to emphasize the need for careful evaluation of the psychological effects of domestic violence on the child, using up-to-date research and methodology. See Judith Reichler & Nancy S. Erickson, Custody, Domestic Violence, and a Child's Preference, NY Law Journal, April 24, 2003, page 4, col. 4. In a little-noticed paragraph of the decision, however, the court held that evidence of certain economically abusive behavior was relevant in a custody case and should not be excluded. This is a very important holding that should be examined by judges and attorneys and applied in other cases.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
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.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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?