Features
Limiting Federal Claims Against Title Insurers
Title insurance is a regulated business in New York. Title insurers are required to file their rates with the state insurance department, and are required to adhere to those rates. If the insurers fail to adhere to their filed rates, New York state courts have recognized the possibility of class action relief for consumers.
Features
Decisions of Interest
Recent rulings of importance to you and your practice.
Features
Public Policy Considerations in Drafting Separation Agreements
We continue herein our discussion of New York's public policy and its effects on the validity of separation agreements.
Features
The Will and the After-Discovered Child
Since adult children are not statutorily entitled to support from their parents, the primary legal question to be answered when a parent residing in New York learns of the existence of a previously unknown child is, "What rights, if any, do such offspring have in their parent's estate?"
Features
DOMA Constitutionality Questioned in Same-Sex Marriage Case
The parties involved in a same-sex marriage dispute involving a deceased Cozen O'Connor partner and her profit-sharing plan continue to trade court filings and have now officially raised questions regarding the constitutionality of the federal Defense of Marriage Act and Pennsylvania's "mini DOMA."
Features
Negative Comments About an Employer May Still Be Protected
In <i>MasTec Advanced Technologies</i>, the NLRB found that the criticism expressed by employees was concerted activity and thus protected activity under the National Labor Relations Act. Consequently, the employer's termination of the employees was deemed unlawful.
Features
Recharacterization: It's Not All About Equity or Insiders
In <i>Lothian Oil</i>, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.
Features
Bankruptcy Court Denies Confirmation of WaMu's Plan of Reorganization
Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").
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