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Marriage, Trust and Postnuptial Agreements
Postnuptial agreements are flexible documents that provide couples with an alternative to marital counseling or even divorce. As demonstrated herein, it is extremely important that these documents are carefully drafted and that close attention is paid to the fiduciary relationship existing between the parties.
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'Standards and Premises of Value'
Appraisers are frequently utilized to assist matrimonial courts in determining the value of property subject to equitable distribution within a marital estate. Here's what you need to know about the all-important Standards of Value.
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Franchise Class Actions: What to Expect in Canada
Although the geographic landscape in southern Ontario is similar to much of the northeastern United States, there are subtle traps for the franchisor who ventures northward expecting the franchise laws to be substantially the same. Southern Ontario contains the bulk of economic activity in Canada, and it has a franchise disclosure law based upon the U.S. Federal Trade Commission Franchise Rule. However, there are significant differences in how Canadian law in general will affect franchisors.
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Franchises Face Economic Turmoil
Although the fallout from the financial crisis is yet to be complete, the franchise industry seems to be weathering the storm fairly well to date. However, franchise attorneys say that caution is the order of the day and that an extended economic downturn could raise tensions between franchisors and franchisees.
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Whose Space? Discovery of Social Networking Web Sites
This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.
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Cooperatives & Condominiums
In-depth analysis of recent rulings.
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
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