Applicability of the Interstate Land Sales Act in New York
In two recent cases, sponsors in New York State, the state that has the most complex regulatory scheme for the sale of condominiums in the United States, have been found to have failed to comply with the less rigorous disclosure mandated by the Interstate Land Sales Act ("ILSA").
Decisions of Interest
Though NY Would Continue Child Support, CT Law Prevails In an unreported decision, Supreme Court, Westchester County, dismissed an action seeking continued payment of child support in accordance with New York law, as the child support order was issued by a Connecticut court and the father's discontinuance of payment was in accordance with Connecticut law. E.A. v. R.A., 28 Misc.3d 1239(A), Slip Copy, 2010 WL 3703271 (Table) N.Y.Sup.,2010 (Connolly, J.). …
Bankruptcy Court Must Handle Ex-Wife's Bid for Future Support Payments
The attempt of the ex-wife of jailed attorney Marc S. Dreier to collect $7 million in support from his bankruptcy estate suffered a setback in October. Refusing to lift an automatic stay in the case, Southern District Chief Bankruptcy Judge Stuart M. Bernstein held that Elisa Dreier was not entitled to have a state judge decide whether Mr. Dreier's non-compliance with a separation agreement accelerated all of the support obligations payable under the pact.
Custody Awards and 'Zones of Decision-Making'
The overriding policy that governs New York law with regard to custody determinations is that "there shall be no prima facie right to the custody of the child by either parent but the court shall determine what is for the best interests of the child." In more recent years, New York courts have divided "spheres," or "zones of decision-making," between the parents, in addition to determining the physical custody of the child.
Same-Sex Marriage
We continue this month with our discussion of some of the recent developments in the interaction between state and federal laws relating to same-sex marriage.
Features
Professional Development: Dynamic Presentations
Marketers understand that conducting seminars, presentations and client pitches are key to gaining clients. Here's how to deliver a dynamic presentation.
Features
Special Issue: The Sixth Annual MLF 50 ' The Top 50 Law Firms in Marketing and Business Development
Never in the history of The MLF 50 has there been a year like this. The first thing you will note about this year's list is that there is a tie for the number-one firm.
Features
The Products Liability Dilemma for Pharmaceutical and Medical Device CEOs
Failure to comply with government regulations, and inactivity if a company falls out of compliance, can lead to serious product liability issues in the long term. Unfortunately, CEOs often do not consider the potential cost of product liability enforcement when they evaluate whether or not to act.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
