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Despite no seeming fundamental economic differences, there have been occasions where divorce courts in different states have reached different conclusions of value for the same type of business. These states reach such different conclusions as to what constitutes marital property because they have different views as to the meaning of the term 'value.' This article represents a summary of some of our findings concerning the application of the premises and standards of value in divorce matters.
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Recent rulings of importance to you and your practice.
Features
In last month's issue, we began an analysis of case law that followed the seminal decision in <i>Christian v. Christian</i>, 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.
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While New York courts have struggled in recent years to apply the principles set forth in <i>McSparron</i> and <i>Grunfeld</i> regarding the merger doctrine with respect to the valuation of professional licenses, the recent Court of Appeals decision in <i>Keane v. Keane</i>, 8 NY3d 115 (2006) may serve to complicate matters even further.
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Man Fired for Visiting Adult Chat Room Sues and Claims Addiction<br>RIAA Denounces New Fair Use Bill
Features
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.
Features
Recent rulings of interest to you and your practice.
Features
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.
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The U.S. Supreme Court is currently considering a case of great importance to employers, <i>Ledbetter v. Goodyear Tire & Rubber Co., Inc.</i> It will decide when the statute of limitations begins to run under Title VII of the Civil Rights Act of 1964 (as amended) ('Title VII') for certain types of disparate pay claims.