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March 29, 2012

In-depth analysis of a recent key case.

The Constitutionality of Pre-Occupancy Inspections

March 29, 2012

Recently, a village's law requiring occupancy applications and inspection of rental units, before a previously occupied unit may be reoccupied, was held to be unconstitutional by the Appellate Division.

New Requirements for Companies with Personal Information of MA Residents

March 29, 2012

Companies with personal information of Massachusetts residents must amend their existing contracts with vendors that handle such information to require the vendors' compliance with the Massachusetts data security regulations.

Decisions of Interest

March 29, 2012

Analysis of key decisions.

NJ & CT News

March 29, 2012

Recent rulings from neighboring states.

Split and Shared Custody Agreements

March 29, 2012

In this final installment, the authors examine the question: Does the CSSA generate better results when parents split custody?

Full Recourse Enforcement of Non-Recourse Loans

March 29, 2012

Two recent cases from Michigan could have far-reaching implications nationwide regarding the enforceability of non-recourse loans as fully recourse.

Retirement Assets for Equitable Distribution

March 29, 2012

It has become common practice in equitable distribution calculations to reduce pension and other tax-deferred retirement asset valuations ... but there are several problems associated with this practice, and they should be considered by divorcing parties and their advisers.

Cow Harbour True Lease Characterization Decision 'Released'

March 29, 2012

Whether a lease is a "true" or "finance" lease has been debated in Canadian courts for decades in many different contexts. The Alberta Court of Queen's Bench recently released one of the most important recent decisions in this debate and provided significant guidance as to how leases are to be classified in insolvency cases.

Enforcing Divorce Agreements

March 29, 2012

The Appellate Division, Second Department, has issued three decisions which held that motions to enforce a divorce agreement are not subject to the six-year statute of limitations that controls breach of contract actions.

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