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The Hague Convention establishes four defenses to the return of a child who has been wrongly taken from its habitual residence. A respondent who opposes the return of the child has the burden of establishing by clear and convincing evidence that one of the exceptions set forth in articles 13b or 20 of the Convention applies, and, by a preponderance of the evidence, that any other exception set forth in article 12 or 13 of the Convention applies. This final installment of a three-part article explains.
A common concern for matrimonial litigants is the age-old wish to keep as many marital assets as possible out of the hands of 'that man (or woman).' Attorneys often have to calm their clients and discuss with them the realities of property distribution in this State. Hopefully, the clients listen and agree to proceed according to law. Sometimes, however, divorcing parties resort to self-help methods to try to hide assets from their spouses.
New York remains the only state requiring establishment of fault in divorce, but the Miller Commission last year called for legislation to permit no-fault divorce in New York State. Despite the commission's recommendation and the actual passage of a bill by the New York State Assembly to establish irreconcilable differences as a ground for divorce, legislation enacting this ground has once again become stalled in the legislature.
Last month's installment addressed working capital issues including client costs advanced and the capital drain of a growing business. The conclusion of this series discusses retirement and risk tolerance.
This article discusses the integrated approach that is necessary between law firm fees, collection, and lawyer compensation.
The U.S. Department of Labor says most companies that experience a major disaster are out of business within five years, because only 25% of companies have a disaster plan. This article provides guidance as to how your law firm can plan for disaster.
This article describes several strategies that a managing partner should consider when developing a plan to survive a recession.
Features
Matrimonial attorneys are all familiar with the concept of minority interests in closely held businesses, but there is not that much litigation in divorce cases concerning real estate, in which a litigating party owns less than a 50% share. Often, the same valuation theories that apply to corporations apply to real estate interests. Moreover, a creative use of those theories can help your client greatly.
Features
In this article on peer review, the authors hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that they believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of the endeavor.