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Agreements Without Temporary Maintenance Recitals: Can This Contract Be Saved? Image

Agreements Without Temporary Maintenance Recitals: Can This Contract Be Saved?

Matthew A. Feigin

In 2010, New York's Legislature enacted Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a, in 2010. The statute, among other things, requires that agreements concerning temporary maintenance that deviate from its formula must, to be enforceable, contain calculations for the amount that would have been set by the formula, and more. The discussion continues herein.

Features

Legal Minefields In Using Twitter For Promotions Image

Legal Minefields In Using Twitter For Promotions

Jesse M. Brody & Suemyra A. Shah

In today's digital era where consumers rely heavily on social media for news and entertainment, it has become increasingly common for entertainment companies to join the conversation on popular platforms such as Twitter, Facebook and Instagram. Marketers have found that authentic and meaningful engagement with consumers on Twitter can have a lasting impact.

Caution Urged for Entertainment and Media Companies In How Their Website Terms of Service Are Accessed by Users Image

Caution Urged for Entertainment and Media Companies In How Their Website Terms of Service Are Accessed by Users

Joshua Kaufman

The vast majority of terms of service on websites are unenforceable. Entertainment, media and other companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.

Same-Sex Spouses Cannot Bar Paternity Suit, Says Court Image

Same-Sex Spouses Cannot Bar Paternity Suit, Says Court

Joel Stashenko

Monroe County Family Court Judge Joan Kohout handed a lesbian couple a disappointing decision when she determined that a married same-sex couple cannot use a marital statute to block a man's paternity petition for the child he fathered with one of the spouses during the women's marriage.

Columns & Departments

Counsel Concerns Image

Counsel Concerns

Gina Passarella

A Philadelphia-based litigation funding company is suing a California law firm and its client over the alleged failure to repay funds loaned to help support the client during his copyright suit against musical artist Usher and various record labels.

Real Estate Sale-Leaseback: Making a Comeback Image

Real Estate Sale-Leaseback: Making a Comeback

Thomas L. Hefty

With the "Great Recession" coupled with the uncertainty of the announced convergence of U.S. and international accounting standards, some industry analysts predicted that real estate sale-leasebacks would be eliminated from the array of possible corporate fundraising strategies. That possible demise appears to be greatly exaggerated.

Features

The NLRB <i>McDonald's</i> Ruling and Franchisors Image

The NLRB <i>McDonald's</i> Ruling and Franchisors

Geoffrey A. Mort

The NLRB general counsel's July 29, 2014, ruling that McDonald's is a joint employer of those who work for its roughly 14,000 franchised restaurants in the United States continues to send ripples through both the legal and business worlds.

Features

Marketing Tech: Five Steps to a Strategic Marketing Technology Budget Image

Marketing Tech: Five Steps to a Strategic Marketing Technology Budget

Kelly Harbour

Drafting a technology budget that adds value to the firm is increasingly important, and following these five steps will go a long way in ensuring that is the case.

Features

With All Due Deference Image

With All Due Deference

Tom Harrington & R. Scott Oswald

In the courtroom, a business transaction, or on a ball field, a loss can also be a victory. Such is the case for employees in the matter of <I>Nielsen v. AECOM Technology</I>, decided by the Second Circuit Court of Appeals in August 2014.

Features

<i>Res Judicata</i> and Collateral Estoppel In Subsequent Arbitration Proceedings Image

<i>Res Judicata</i> and Collateral Estoppel In Subsequent Arbitration Proceedings

Benjamin L. Hincks & Kelly R. Graf

It is not uncommon in the realm of reinsurance disputes ' where the reinsurance contracts at issue very often require an arbitral forum ' for a party that has been victorious on an issue or claim in an initial arbitration (or lawsuit) to attempt to preclude its opponent or a related party from re-adjudicating that same claim or issue in a subsequent arbitration.

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