Features
The New Temporary Maintenance Guidelines
There has been much criticism of the new temporary maintenance awards (DRL ' 236B(5-a)) and their shortcomings. For the moment, we need to live with the statute in its current form. To that end, following is a user guide to the new statute.
Features
Dealing with Emotions and the Law
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?
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
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
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
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
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?
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
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
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.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- 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.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›