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Postnuptial Pact Challenge Goes Forward
In the first case to interpret the latest amendment to a perplexing New York matrimonial statute, a state judge has ruled that a Long Island woman may challenge the validity of her postnuptial agreement 12 years after it was signed, notwithstanding the three-year statute of limitations. The statute of limitations began to run only when plaintiff Janine Petracca initiated the divorce proceedings earlier this year, ruled Supreme Court Justice Jeffrey S. Brown of Nassau County.
The decision seeks to clarify an issue muddled by confusing precedent and repeated amendments to the controlling statute, Domestic Relations Law ' 250. The most recent amendment states that, for all cases filed after July 2, 2007, and not invalidated by a court, the statute of limitations for challenging a nuptial agreement is tolled until either one party dies or process is served in a matrimonial action, Justice Brown ruled in Petracca v. Petracca, 201099-08. “Moreover,” he concluded, “the statute should not be extended by construction beyond its express terms or reasonable implication to its language.”
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.