Features
Appreciation in Separately Owned Home Values
With the dual objective of creating certainty and enhancing the possibilities for settlement, the authors set forth herein a formulaic approach to the division and distribution of the appreciation in value of a separately owned residence (SOR).
Features
Recording Mortgage Fraud
Mortgage fraud, which usually starts with a forged deed or a deed obtained by fraudulent means, is a burgeoning national problem. The title industry has good reason to complain and is definitely receptive to any efforts that reduce fraud in the real estate marketplace. The devil, however, is in the details.
Features
Litigation
Recent rulings of interest to you and your practice.
Features
Debt Forgiveness: Watch Out for the Tax Consequences
When drafting a property settlement agreement that involves debt forgiveness (<i>i.e.</i>, foreclosure, short sale, reduction in credit card debt), it is critical that matrimonial attorneys be aware of the tax consequences because the financial impact on a client can be enormous.
Features
Curbing Internet Defamation
An identifiable Internet speaker who sends an unlawful e-mail or posts an unlawful Internet message is subject to traditional litigation tactics. However, countless Internet speakers are not effortlessly identifiable. Hence, novel technical, administrative law and litigation tactics are advantageous for successfully curbing Internet defamation.
Features
Preemption Beyond Drugs and Medical Devices
Although the issue of Federal Preemption has grabbed the headlines in medical device and pharmaceutical cases, those analyzing preemption's impact on plaintiff's failure-to-warn claims on other types of products that are subject to federal regulation are significant for their varied results.
Features
Protecting Against Unique Claims Regarding Medical Device Sales Reps
In recent years, pharmaceutical and medical device manufacturers have faced an increased number of creative product liability claims arising from alleged actions of their sales representatives. Medical device manufacturers may face a challenge in preventing these claims because of the unique role of these representatives.
Features
Court-Approved Marital Property Transfers and Bankruptcy
In these hard economic times, the prospect of bankruptcy looms large for many people, including those who are divorcing. In fact, as anyone in family law practice knows, divorce itself can bring on a financial crisis even when marital assets are evenly split.
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