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Lawyer and Judge Shopping, and the Matrimonial Bar
Are concepts of confidentiality and disclosure mutually exclusive? With the concepts we have discussed in the last two installments in mind, some have argued that there is really no issue of confidentiality left to protect in a matrimonial case. There is a mandate of full and broad disclosure (DRL '236B(4)), long described as “searching exploration” of the parties finances. Kaye v. Kaye, 102 AD2d 682 (2nd Dept. 1984). Further, in the Third and Fourth Departments, discovery is permitted on issues of grounds and custody. Also, 22 NYCRR 130-1.1-a requires the certification of papers that “to the best of that person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances: the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1(c) of this Subpart.” A New York State Ethical Opinion has stated that a material omission or fraudulent representation in a Statement of Net Worth must be corrected or the lawyer must withdraw from representation. NY State Bar Association Committee On Professional Ethics, Opinion 781 (12/8/04). And, on March 20, 2009, the Preliminary Conference Rules were amended to formally provide for the consideration of the “method and scope” of electronic discovery in the Preliminary Conference Order. 22 NYCRR 202.12(c)(3).
Is There Any Confidentiality Remaining?
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.
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.
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.