Litigation

Expert analysis of the latest cases.

Recent rulings of importance to you and your practice.

In last month's issue, we began an analysis of case law that followed the seminal decision in Christian v. Christian, 42 NY2d 63 (1977), in which the Appellate Division declared that a marital agreement can be set aside if it is 'manifestly unfair,' even if a similar contract between parties in a less 'fiduciary' relationship would be upheld. Part Two provides further guidance on this issue.

While New York courts have struggled in recent years to apply the principles set forth in McSparron and Grunfeld regarding the merger doctrine with respect to the valuation of professional licenses, the recent Court of Appeals decision in Keane v. Keane, 8 NY3d 115 (2006) may serve to complicate matters even further.

Man Fired for Visiting Adult Chat Room Sues and Claims Addiction
RIAA Denounces New Fair Use Bill

Along with e-discovery, the field of computer forensics is becoming evermore central to the discovery process. The need for computer forensics analysis is appearing frequently at the state and federal level, and the field's influence and demands are permeating civil and criminal cases, both large and small.

Recent rulings of interest to you and your practice.

In the old days, decisions made by executives and directors in the board room often were cloaked with a veil of legitimacy. Now, however, these decisions are under constant surveillance and scrutiny from outsiders and are even vulnerable to leaks from insiders. As executives and directors are thrust into the media and legal forefront, not only do they face potential personal liability for their decisions, but the corporations themselves face liability for their actions.