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Cooperatives & Condominiums
February 29, 2012
In-depth analysis of a recent key ruling.
Stuy Town: Redux in the Desert
February 29, 2012
The decision of the <i>New York Supreme Court in Bank of America, N.A. v. PSW NYC LLC</i> garnered national attention in 2010. The court ruled that, under the terms of an Intercreditor Agreement in common use in complex real estate loans across the United States, a mezzanine lender could not exercise its rights against its collateral without first paying off senior debt. Now the issue is causing a stir in the Arizona desert.
Decisions of Interest
February 29, 2012
Analysis of a recent important ruling.
NJ & CT News
February 29, 2012
Key happenings in neighboring states.
Split and Shared Custody Arrangements
February 29, 2012
There are instances in which parents agree to substantially share the children's time between both their households, resulting in the children spending up to 50% of the time with the "noncustodial" parent. The Child Support Standards Act (CSSA) does not address this kind of sharing arrangement, which can lead to inequities.
Divorce Granted After Trial Proves Irretrievable Breakdown
February 29, 2012
In what was apparently the first trial of a contested no-fault divorce under New York's recently enacted Domestic Relations Law, Suffolk County Acting Supreme Court Judge James F. Quinn declared a 56-year marriage irretrievably broken and granted the plaintiff wife's request for divorce.
You Can't Go Back! Or Can You?
February 29, 2012
In 2009 the Court of Appeals articulated a new rule for Family Law practitioners, referred to by some as the "don't look back" rule. The court in <i>Buntzman</i> simply did not want courts reviewing economic decisions made during the course of a marriage, or attempting to adjust for the fact that certain payments made from separate property may have benefited both spouses ' or even the non-titled spouse alone.
Verdicts
February 29, 2012
In-depth analysis of recent rulings.
Drug & Device News
February 29, 2012
The latest you need to know.
Med Mal News
February 29, 2012
Several items of interest.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (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.
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