Because the financial distress is network-wide, how manufacturers respond to the financially distressed dealership is more important than ever. For some dealerships, the appropriate strategy may be creative cooperation forbearance agreements, operating stipulations, and workouts ' not adversarial enforcement.
Clients withholding payments directly impacts partners' bottom lines. As such, law firms are always focused on billing and collecting as much as they can in the last quarter of the year. The current crisis has trumped even the most diligent efforts of law firms to bring in cash, and it illustrates the importance of having sound inventory management practices that are followed throughout the year.
This author previously suggested consideration of amending CPLR ' 6501. The article herein addresses an additional reason for amending CPLR ' 6501, to wit: whether a properly filed N/P in a mortgage foreclosure plenary action binds to its results a later created interest in the subject realty evidenced by any type of lease or other possessory interest agreement for a term of less than three (3) years.
In last month's newsletter, we discussed Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute containing the factors courts use to determine spousal maintenance awards in New York, along with the recently proposed legislation (See New York State Assembly Bill A10446) that would replace the statute with a formula to calculate both the amount and duration of maintenance. The discussion concludes here.
Matrimonial lawyers in New York say there is no shortage of legal work in this tough economic climate, as clients with strained finances seek support modifications, settlements and, for some, divorce. The problem, they say, is getting paid.
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Natural orifice transluminal endoscopic surgery ' often referenced by the acronym NOTES ' is becoming increasingly popular. Here is a discussion of potential avenues of liability claims associated with the surgery.
In a handful of states, a doctrine known as the "medical judgment rule" establishes a distinction between the legitimate exercise of medical judgment and a deviation from the accepted standard of care on the part of a physician. In New Jersey, the medical judgment rule is set out in Model Jury Charge 5.50G. This article provides a look at medical judgment and standard of care as outlined in the rule.
On April 1, 2009, the Rules of Professional Conduct went into effect and replaced the current New York Lawyer's Code of Professional Responsibility as the governing rules of professional responsibility for attorneys in New York State. Here is an explanation.
A payor-ex-spouse buying life insurance for the payee-ex-spouse as part of a divorce settlement is almost ubiquitous. Although estate planners routinely recommend that clients review their planning periodically ' especially if a change occurs ' few clients tend to listen. The cost of not heeding that advice, and a few interesting legal issues, were pointed out in a recent case.
