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Sex Versus Society
Late last year, the Appellate Division, Second Department, was confronted with the question of whether the judicially created concept of “constructive abandonment” could be expanded beyond its historic definition of sexual abandonment to include a persistent unrelenting pattern of social abandonment of a spouse. The court declined to expand the concept and held in Davis v. Davis, 2009 NY Slip Op 08579, 2009 WL 3873026, that social abandonment did not constitute a valid ground for divorce in New York.
The court based its determination on five factors, noting that any of them “supports the conclusion that 'social abandonment' is not a recognized ground for divorce” in New York. In the Davis decision, the court offered a very thorough and detailed review of the history of constructive abandonment, and anticipated many of the questions and concerns that the matrimonial bar would raise in response to its ruling; however, after a careful read of the decision, many questions remain as to why the concept of constructive abandonment should not be expanded at this time.
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.
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?
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?
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.