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.
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.
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
