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New York and Military Retirement vs. Disability Pay
In last month's newsletter we discussed a recent case in Texas in which the court attempted to protect the spouse of a military service member from having her share of her husband's military retirement cut off by the retiree's decision to opt for disability payments instead. In that case, Gillin v. Gillin, — S.W.3d —-, 2009 WL 4339164 (Tex.App.-San Antonio, 12/2/09), a Texas appellate court found the language of the couple's settlement agreement was in violation of federal law prohibiting state courts from distributing to a former spouse any portion of a retired service member's disability pension. Another case, this one decided by the Alaska Supreme Court (Young v. Lowery, 221 P3d 1006 (Alaska), struck down a determination that a husband's opting to take his retirement payments in the form of a disability pension was so wrongful that it created a constructive trust in his ex-wife's favor.
Is there nothing that can be done during the divorce process to help the military retiree's future ex-spouse to be certain to get the distribution ordered by the court?
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.
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.
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.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.