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Counsel Fees: A Tipping Point
The recent decision in Sykes v. Sykes, 41 Misc.3d 1061 (Sup. Ct. N.Y. Cty. 2013), sent shock waves reverberating throughout the New York matrimonial bar for its direction that during the pendency of a divorce litigation, the less monied spouse may be required to use a portion of her share of the marital estate to pay her legal fees, rather than continue to have such fees paid by the wealthier spouse. The court's rationale in Sykes , as more fully detailed herein, was that because the wife was receiving significant pendente lite maintenance and child support, unless she was responsible for her own counsel fees, she had no incentive to resolve or move the case forward due to her lack of “skin in the game.”
As a result of the decision in Sykes , matrimonial practitioners are left contemplating when a court might apply this principal of “skin in the game.” This article addresses when and why a case may reach the tipping point that pushes it over the equal playing field presumption inherent in Domestic Relations Law (DRL) ' 237 to the “skin in the game” analysis, as described in Sykes . As will be explained, this different approach appears to depend largely on several factors, including the length of the action, the animosity between the parties, the parties' separate property assets, the legal fees the monied spouse has already paid, and the marital assets at issue.
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.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."