Country Club Membership? 'Priceless'
In wealthy communities, like Greenwich and Darien, CT, country club membership can take on momentous significance. Nevertheless, the question of whether club membership is marital property has not been settled. A recent case tackled the problem and left it unanswered.
Features
Art As an Asset in Divorce
Death, divorce and debt" are the bread and butter of the art and antiques market, as every art world professional knows. Through good times and bad, these life cycle events frequently trigger sales and other transactions. With divorce, however, if emotions are not already present prior to filing papers, the process itself tends to intensify anger and mistrust between opposing sides.
The Progressive Lawyer
In March of this year, in Part One of this article, we discussed the importance of the initial pendente lite application in introducing the parties to the judge and setting the tone for the balance of the case. The mandate that we provide judges with sound, hard evidence at the <i>pendente lite</i> phase -- in order to enable the courts to deal fairly with both sides pending the submission of final proofs -- was heavily stressed.
Recent Developments from Around the States
National cases for your review.
Features
Oregon Marriage Decision Has Impact on Employers
On April 14, 2005, the Oregon Supreme Court held in <i>Li</i> and <i>Kennedy v. Oregon</i> that the roughly 3000 marriage licenses issued to same-sex couples by Multnomah County are not valid. The Supreme Court's decision may change the obligations and opportunities for employers, depending on the nature of the employer and the decisions the employer has previously made regarding whether or not to treat certain partners of employees as if they were spouses.
National Litigation Hotline
Recent rulings of interest to you and your practice.
Features
Age Discrimination Ruling: Analysis
The U.S. Supreme Court recently issued an important decision concerning the Age Discrimination In Employment Act of 1967 (ADEA). In <i>Smith v. Jackson, Miss.</i>, the Court held that employees aged 40 and over can assert claims for age discrimination under the ADEA based on the disparate impact of a facially neutral employment policy, even in the absence of discriminatory intent on the employers' part. In so doing, the Court reconciled a split in the federal circuit courts of appeal and aligned its view concerning the scope of the ADEA with its view of the scope of Title VII of the Civil Rights Act of 1964, which, according to prior Court decisions, permits employees to allege discrimination because of race, color, religion, sex and national origin based on the disparate impact of a facially neutral employment policy. Because employees located in the geographic areas covered by the federal circuits whose courts of appeal formerly prohibited the assertion of such claims under the ADEA can now assert disparate impact claims under the ADEA, the Smith opinion will likely result in increased litigation under the ADEA in respect of these types of claims.
Features
Employment Taxes and Stock Options
More than 2 years ago, the Internal Revenue Service published Revenue Ruling 2002-22, 2002-19 I.R.B. 849, in which it held that section 1041 of the Internal Revenue Code governed the transfer of stock options and interests in certain unfunded deferred compensation arrangements to the employee's spouse under a marital property settlement. As a result, the employee spouse was not taxable on the transfer. Instead, the spread on the options (the difference between the value of the employer 's stock at the time of exercise and the striking price) and the amount received as deferred compensation under unfunded arrangements were taxable to the nonemployee spouse in the same way and to the same extent as it would have been taxed to the employee.
The Power of Image
Like paying for an estate plan and many other legal services, investing in image marketing is elective. You don't have to do it. And when confronted with all the other things you might need or want, like a new employee, or a new computer system, it's easy to see why an investment in image goes to the bottom of the pile, never to be seen again.
Features
Skills Necessary to Be Successful in Legal Marketing
Like the legal marketing industry itself, the skills needed to be successful in public relations are constantly evolving. The profession is becoming more specialized and much more comprehensive. Many of the important standards will never change, such as the need for ethics, integrity, strategic thinking, a passion for building relationships and facilitating communication, commitment to clients, and strong oral and written communications skills. However, remaining open to constant evolution and lifelong learning adds great depth to a legal public relations professionals success.
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- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- A Playbook for Disrupting Traditional CRMHere's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.Read More ›
