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Foreign Civil Unions
The matter of Debra H. and Janice R., 14 NY3d 576, decided by the Court of Appeals on May 4, 2010, has dramatically changed the laws on parenthood as we know them in New York State.
The Court of Appeals' prior seminal decision on the subject, Alison D. v. Virginia M., 77 NY2d 661 (1991), had held that only a child's biological or adoptive parent has standing to seek visitation against the wishes of the child's fit biological parent. In Alison D., the Court of Appeals held that it is the child's mother and father who have the right to the care and custody of their child. To allow a third-party visitation would impair a parent's rights to custody and control. Thus, the petitioner, Allison D., had no standing to petition the courts for visitation, as such a right would displace that of a parent to decide what is in his or her child's best interest.
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.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.