Leaving Retirement Plan Benefits to Trusts
As the baby boomer generation ages, a greater and greater concentration of wealth is being held in retirement plan benefits. Dealing with the complexities of retirement plan benefits, whether it be via a prenuptial agreement or a divorce settlement, is unavoidable. An inadequate understanding of how these plans work can make a significant difference in your client's tax bill.
PA Courts May Divide Cremated Remains Between Parties
In what appears to be an issue of first impression in a case over the disposition of the remains of a divorcing couple's deceased son, the Superior Court of Pennsylvania has ruled that trial courts have the authority to order the division of cremated remains where the loved ones are in a dispute. Nevertheless, the court found that the Court of Common Pleas of Schuylkill County had abused its discretion in ordering the division of ashes and remanded the case back to the trial court.
The Subprime Lending Crisis: What Does It Mean to the Leasing Industry?
The news is full of stories about the substantial, long-term effects of the subprime mortgage crisis on the mortgage-lending industry. But little has been written about how it will affect other market segments like the leasing industry. There will certainly be spillover, although it won't be as dramatic. This article explores what the leasing industry should be looking for, and doing, in response to this crisis.
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Equitable Paternity
Recently, the New York State Court of Appeals equitably estopped a man from denying paternity in order to protect the child's best interests. The man had no biological link to the child, but was deceived by his paramour into thinking that he was the father. <i>Matter of Shondel J. v. Mark D.</i>. The impact this ruling could have on same-sex couples and the children of their unions is potentially significant ' not just for couples in New York, but for same-sex couples in all states that value the best interests of the children of those unions.
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The Time Is Now for Mobile Time Entry
Very few firms, even in the legal market ' the industry that pioneered the enterprise use of mobile devices ' have deployed additional applications to their mobile users. According to ILTA's 2006 Technology Survey ' Aggregate Answers from 'Large' and 'Very Large' firms, aggregate usage of PDAs at large firms is pegged at 74%, yet only 5% of those firms offer any of their users a mobile version of one of any lawyer's core applications, time entry.
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Counsel Concerns
Inside information on what's happening in the industry.
Negotiating Tips for Mobile-Game Developmental Deals
Part One discussed mobile-game players, the industry playing field, content ownership issues and developer credits. Licensing Celebrities and Brands Just like its more traditional console and PC counterparts, the mobile-game industry has its fair share of celebrity and brand-name licenses. The correct celebrity association can make or break a game, and even a boring game might gain some level of success just because of its association with a particularly famous person or brand. In 2006, Hands-On…
Movers & Shakers
News about lawyers and law firms in the commercial leasing industry.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- 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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›