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Discovery and 'Non-Egregious' Marital Fault
Even as no-fault divorce legislation in the State of New York has been signed into law, matrimonial practitioners continue to deal with the vestiges of fault-based litigation. Some of these include the relevance of marital fault in relation to equitable distribution, and discovery with respect to marital fault. In the recent case of Howard S. v. Lillian S., 14 N.Y.3d , 902 N.Y.S.2d 17, 2010 N.Y. Slip Op. 03474 (2010), handed down on April 29, the Court of Appeals addressed the issue of egregious marital fault as a factor in equitable distribution. Specifically, the court held that the wife's alleged extramarital affairs ' one of which purportedly resulted in the birth of an out-of wedlock child whom her husband thought was his ' did not, as a matter of law, rise to the level of “egregious marital conduct.”
Egregious marital conduct, in the legal sense, is that conduct which falls well outside the bounds of the basis for an ordinary divorce action. The wife's actions in Howard S., being less than unheard-of, therefore could not properly be considered as a factor to be taken into consideration in the equitable distribution of marital property. Accordingly, the court ruled, with one judge dissenting, that the husband was not entitled to liberal disclosure regarding the wife's alleged misconduct. Implicit in this decision is the adoption by the Court of Appeals of the rule that, in general, discovery relating to the issue of grounds is not permissible in a matrimonial action. Although the First and Second Appellate Departments had long held this view, the Third and Fourth had not.
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.
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.
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.
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.