The conclusion of a discussion, begun last month, about a hypothetical divorcing couple. The husband would like to keep all of his retirement savings, 150% of the value of the couple's home, which the wife would like to keep as her own.
Too often, attorneys in Family Law are faced with the problem of proving the existence of extra funds to the court in order to obtain a fair support award.
These days, questions concerning who may be categorized as a "parent" or who is a certain person's "child" must often be answered in the courts, and those answers can have far-reaching consequences beyond the emotional.
Joel Androphy, Ashley Gargour, Sarah Frazier
&
Rachel Grier
According to the federal government, while the act of gathering evidence creates a direct conflict between competing interests, the interest in disclosing the fraud generally outweighs the defendant's interest in keeping the fraud from being divulged.
A series of new DES cases proceeding in federal district courts in the District of Columbia and Boston is bringing a relatively untested issue in DES litigation to the forefront.
Are there, or should there be, legal consequences for authors and publishers when medical journal articles do not state the truth, thereby causing harm?
When is the work of a child custody evaluator complete? Over the past several years, the author has repeatedly run into this question. Here are his thoughts.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
