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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.
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.
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.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.