Marital Fault and Alimony
Fault-based divorces have fallen into ill favor and disrepute in most jurisdictions in the United States, thus reflecting the changing social attitudes toward gender roles. As a result, many jurisdictions have adopted 'no-fault' grounds for divorce, making divorce a generally less acrimonious event. But jurisdictions across the United States have maintained a split in how they have handled the concept of fault and alimony determinations. Currently, only 20 states do not consider the concept of fault or marital misconduct when making alimony determinations. Contrary to same, 22 states continue to allow consideration of fault when determining alimony awards.
A Spouse's Bankruptcy Trumps Divorce
An ex-wife who was awarded all of the martial assets in a bitter divorce was nevertheless unable to take possession of those assets because they were part of the ex-husband's bankruptcy estate. A federal appeals panel so held, reasoning that because the matrimonial judgment was docketed after the filing of the Chapter 7 petition, the marital assets remained part of the bankruptcy estate subject to distribution by the bankruptcy court.
Is Your (Non-True) Lease a Sale?
Just in case the transaction you've just documented using your standard lease forms is not a 'lease,' you've included a granting clause in the form and filed UCC 'notice' filings. So, you've protected the lessor from a re-characterization risk (<i>i.e.,</i> that the transaction is deemed not to create a 'lease' under commercial law) — right? Well, maybe not.
Features
Bit Parts
DVD Distribution/Product Labeling<br>Film-Payroll Services/Completion-Bond Reinsurers<br>Recording Agreements/Fiduciary Obligation<br>Songwriting/No Partnership Found
Features
Clause & Effect
Production of Agreements/Motion Picture and Screenplay Rights<br>Recording Agreements/Non-Exclusivity
News Briefs
Highlights of the latest franchising news from around the country.
Features
Copyright Infringement/Summary Judgment Rulings
Recent rulings of interest.
Features
Movers & Shakers
News about lawyers and law firms in the franchising industry.
Practice Notes: Some Lawyers Find Entertainment Clients on MySpace
Many artists believe that setting up a personal page on the mega-popular MySpace.com Web site is a key prong today in attracting attention to themselves. At the same time, some entertainment attorneys use MySpace to attract clients. This article examines the experiences of Texas lawyers who have MySpace pages.
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