Decisions of Interest
Recent rulings of importance to you and your practice.
Shopping Spree!
In last month's issue, we began a discussion of a vexatious practice of some matrimonial litigants: They consult with attorneys whose services they have no intention of engaging simply to disqualify them from being able to represent their spouses. Attorneys affected by such "serial consulters" need to know what their options and obligations are.
Features
Divorces During Hard Economic Times
With a Democratic president and a larger Democratic majority in Congress, we have already seen significant changes in tax laws and federal legislation affecting different aspects of our lives. What will these new laws mean for our divorcing clients and how should our clients change their legal strategies in anticipation of these new laws?
Features
Matrimonial Actions and the Valuation of C Corp. Taxes on Embedded Gains
Last month's article discussed the First Department's reasoning in the appeal of <i>Wechsler v. Wechsler</i>, 866 NYS2d 120 (1st Dept. 2008). Herein, we take an in-depth look at the decision itself.
Features
Med Mal News
A collection of the most important news you need to know.
Nanotechnology
In the past, and even now to some extent, many medicinal substances were used because they seemed to work, even though the specific mechanism, pharmacology or pharmacodynamics were not precisely understood. That is part of the reason for the lengthy and complex new drug approval process through the FDA.
Breast Cancer Claims
As breast cancer screening evolves in the digital age, so do the issues confronting lawyers. Here's why.
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- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- The Article 8 Opt InThe 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.Read More ›
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- The Anti-Assignment Override ProvisionsUCC 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?Read More ›
- The Stranger to the Deed RuleIn 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.Read More ›