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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?
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.