Women's Initiatives Bulk Up
Women's initiatives have been delivering value for some time but still have not realized their potential. Networks that succeed in moving the agenda ahead may be the answer.
Features
Law Department Highlights, Trends and Myths
For the eleventh consecutive year, Altman Weil has conducted a Chief Legal Officer (CLO) Survey on issues of importance in managing corporate law departments.This article discusses selected results of the recent survey.
Features
The New Temporary Maintenance Guidelines
There has been much criticism of the new temporary maintenance awards (DRL ' 236B(5-a)) and their shortcomings. For the moment, we need to live with the statute in its current form. To that end, following is a user guide to the new statute.
The New 'Irretrievable Breakdown' Ground for Divorce
DRL ' 170 was amended in 2010 to add "irretrievable breakdown" in subdivision 7, a "no-fault ground" for divorce. Many thought that the new ground would make it possible for one party to the marriage to unilaterally end it. Not so fast.
Features
Dealing with Emotions and the Law
When emotional issues manifest themselves during the life of a divorce, keeping the case in line with the law and presenting the evidence properly become highly important.
Features
Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case
The Ninth Circuit recently reversed a district court's adverse $6.7 million fraudulent transfer judgment against a corporate insider, a director of the debtor, in a remarkably sensible opinion.
Features
Assumption of Liabilities
What impact does a bankruptcy filing and a contract rejection have on a carefully drafted, thoroughly negotiated asset purchase agreement? A look at a recent ruling.
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›