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Dealing with Emotions and the Law Image

Dealing with Emotions and the Law

Elliott Scheinberg

When emotional issues manifest themselves during the life of a divorce, keeping the case in line with the law and presenting the evidence properly become highly important.

Features

Gift Plans: Death Knell or Still on Life Support? Image

Gift Plans: Death Knell or Still on Life Support?

Gift Plans: Death Knell or Still on Life Support?

This article focuses on whether an out-of-the-money unsecured creditor with an unliquidated claim has standing to object to a gift plan.

Features

Estate Tax Repeal and Surprising Matrimonial Implications Image

Estate Tax Repeal and Surprising Matrimonial Implications

Martin M. Shenkman

The 2010 Tax Act estate tax provisions were a game-changer, the effects of which will be felt by matrimonial practitioners for many years. This article discusses possible issues, traps, or opportunities that might arise as a result of the new law.

Features

Prenuptial Agreements for Catholics Image

Prenuptial Agreements for Catholics

Mary Cushing Doherty

Family lawyers should recognize the upheaval that may occur if the lawyer fails to spot a unique issue when a Catholic fianc'e is involved in the negotiation of a pre-nuptial agreement.

Features

They Do the Crime ' And It's on Your Dime Image

They Do the Crime ' And It's on Your Dime

Adam Leitman Bailey & Dov Treiman

Two state laws in New York make the illegality of a tenant's use of rented premises a matter of considerable concern to landlords. While the first law can be expensive to the tune of tens of thousands of dollars, there is no limit on what the other could cost the landlord ...

Features

In the Spotlight: Executing Leases Faster and Cheaper Image

In the Spotlight: Executing Leases Faster and Cheaper

Anthony Casareale

A landlord should track and resolve open lease issues everyday. This approach is simply the only way for a lease to get signed quickly and minimize costs.Anthony Casareale is Of Counsel in the Real Estate Practice of Greenberg Traurig's White Plains, NY, and Miami offices.

HOW LONG SHOULD IT COOK? Image

HOW LONG SHOULD IT COOK?

Bruce W. Marcus

There's an old saw, in the public relations business, about what you say to a new client for whom you haven't delivered what he or she expected in the first month of the contract. 'It's in the pipeline,' we used to say. It meant that we'd spent that first month understanding the firm and its story, developing the press material, planning the strategy and making presentations to the media. The groundwork. And in the second month, presumably, it would all come to fruition.

Features

Obstacles to Settlement of Land-Use Disputes Image

Obstacles to Settlement of Land-Use Disputes

Stewart E. Sterk

Article 78 proceedings between landowners and municipalities are a staple for New York's court system, often reaching the Appellate Division on disputes that seem insignificant to the outside observer.

Features

Estate Planning for Non-Citizens Image

Estate Planning for Non-Citizens

Casey Carhart & Steven A. Holt

In representing a person who is, or is married to, a non-citizen, it is important to recognize and understand the application of the United States estate and gift tax (as well as income tax) laws to non-citizens and persons married to non-citizens.

Features

Tactics for Seizing Rogue Web Sites Image

Tactics for Seizing Rogue Web Sites

Peter A. Crusco

In cyberspace, the activities of ostensible rogue Web sites ' many attacking U.S. commercial interests or preying on our citizens in a variety of endeavors ' include copyright infringement, illegal gambling and pornography, to name a few. Web site domain seizures may be the 21st-century digital equivalent of 20th-Century gang busting police raids on the haunts of criminal organizations. In place of the remnants of destroyed contraband, a subsequent visitor to these targeted Web sites may instead confront a message left by court order, declaring that the site has been "taken down" for certain illegal activities.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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