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.
Features
The Application of Pollution Exclusions to Defective Drywall Claims
Considering similar facts and similar policy language, courts in two states have already reached opposing decisions on whether pollution exclusions in homeowners' policies bar coverage for defective drywall claims.
Features
Gift Plans: Death Knell or Still on Life Support?
This article focuses on whether an out-of-the-money unsecured creditor with an unliquidated claim has standing to object to a gift plan.
'Tangible Property' Defined in the Computer Age
Companies are looking to insure against claims raised by users viewing or otherwise accessing a company's Internet Web sites and advertisements for damage to hardware, data, information, and other computer components.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
