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We found 820 results for "The Matrimonial Strategist"...

The Uniform Premarital and Marital Agreements Act
This article will compare key provisions of the UPAA, the UPMAA, and the law of New York, the largest state that has not adopted either uniform act. The differences are detailed in a chart in Part Three of this article.
New York State's New Maintenance Legislation
The New York Legislature recently passed a bill essentially providing for a complete overhaul of the law in the State of New York pertaining to maintenance under Domestic Relations Law ' 236 and spousal support under Family Court Act ' 412.
Case Notes
Analysis of a case in which a 'missing' $20 million is at issue in two lawyers' divorce.
PA Civil Unions and Domestic Partnerships
Although same-sex marriages and divorces can now be granted anywhere in the country, there are a few unanswered questions in Pennsylvania regarding how legal relationships between same-sex couples ' that are not marriages ' should be treated.
Equal Dignity in the Eyes of the Law
In a landmark decision, the Supreme Court of the United States has affirmed that the right to marry is "a fundamental right inherent in the liberty of the person," and that "under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty."
Practice Tip: The Role of an Attorney's Personal Experiences in Family Law Matters
Because family law attorneys share a deep understanding of many of their clients' legal matters, and many attorneys have experienced the same challenges faced by their clients, what role, if any, does this identification play in the practice of family law?
Using <i>Daubert</i> on Cross-Examination
This article addresses recent indications that <I>Daubert</I> is gaining ground in New York, as well as its current utility as a potent weapon on cross-examination of expert witnesses who are such common fixtures in the domestic relations courtroom.
How to Determine a Diligent Job Search
If a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award.
'Getting' It Done Through Social Media and Other Forms of Protest
This article looks at what happens when a couple is granted a civil divorce,but one of them refuses to sign a religious divorce. What can a family law practitioner do, if anything?
How to Determine a Diligent Job Search
If a plaintiff in a discrimination case or a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award. Frequently, this requires consultation with, or testimony by, a vocational or employability expert.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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