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Important news from neighboring states.

Equitable Distribution of the Appreciation in Value of Separately Owned Residences

In last month's newsletter, the authors discussed recent case law concerning the equitable distribution of the increased value of separately owned primary and secondary homes. Not all of these cases are in line with one another, leading them to the question: "How are courts really deciding who will benefit from increases in value in separately owned homes?"

Postnuptial Pact Challenge Goes Forward

In the first case to interpret the latest amendment to a perplexing New York matrimonial statute, a state judge has ruled that a Long Island woman may challenge the validity of her postnuptial agreement 12 years after it was signed, notwithstanding the three-year statute of limitations.

Court of Appeals Update: 2008

As it does each year, New York's Court of Appeals issued some significant family-law related decisions in 2008. As the new year begins, it's a good time to look back on the important decisions of last year that every New York matrimonial law practitioner should be aware of.

Movers & Shakers

Who's doing what; who's going where.

Verdicts

Recent rulngs of importance to you and your practice.

Drug & Device News

Recent happenings in the pharmaceutical arena.

Med Mal News

The latest happenings that you need to know.

Calculating the Damages

While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way.

Beware New 'E-Prescriptions'

Electronic prescriptions may be the cure for a doctor's bad handwriting, but they also carry an unhealthy dose of legal risks for the ill-prepared. That's what health-care-law attorneys are advising the medical profession as it embraces "e-prescribing" ' a rapidly growing practice whereby doctors are ditching pen and paper to order prescriptions through cyberspace.

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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
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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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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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The New York Uniform Commercial Code Comes of Age
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
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