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The New Estate-Planning Environment
Two recent events have dramatically changed the face of estate planning and each will have a significant impact on divorces for years ' likely decades ' in the future. This article explores each of these two factors, identifies some of the changes relevant to matrimonial practitioners, and suggests practical steps that might be taken to address them.
2012 Gift Transfers Will Affect Matrimonial Cases
In 2012, wealthy Americans by the droves made gifts, often to irrevocable trusts, to lock some or all of the $5.12 million gift tax exemption that most feared would disappear in 2013. While the exemption was not reduced, the massive gift transfers that occurred in the last portion of 2012 will have a significant impact on matrimonial cases for years to come. As one informal measure of the wealth transferred, it has been estimated that in excess of 500,000 gift tax returns were filed for 2012, which is a dramatic increase over prior years. This article describes the range of planning and focuses on how to plan better, as matrimonial practitioners will likely have to evaluate these plans in future divorce cases. Then, some of the implications for matrimonial practitioners are discussed.
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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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.