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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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.