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Cooperatives & Condominiums

August 29, 2007

A recent case of interest.

Index

August 29, 2007

Everything in this issue in an easy-to-read format.

Court of Appeals Prohibits Section 8 Terminations

August 29, 2007

In Rosario v. Diagonal Realty, LLC (infra), the Court of Appeals addressed an issue that has perplexed New York courts since Congress amended the section 8 housing program almost ten years ago: Can a landlord terminate its participation in the program at the expiration of a rent-stabilized lease? The Court of Appeals held that the rent stabilization code prohibits termination, and that federal law does not pre-empt the code.

Decisions of Interest

August 29, 2007

Recent rulings of interest to you and your practice.

Support Modification: An Overview and Update

August 29, 2007

Is there a trend in child support modification matters? The cases we looked at in last month's newsletter granting an upward modification of child support appear clearly to be the exceptional ones.

Establishing Jurisdiction over Non-Resident Spouses

August 29, 2007

Jurisdiction in a matrimonial action has several statutory components requiring the repeated cross-application of the Civil Practice Law and Rules with the Domestic Relations Law (DRL). Knowledge of the statutes' interplay becomes especially essential to the matrimonial attorney when seeking to affect the status of the marriage and obtain jurisdiction over a non-resident.

Keane v. Keane

August 29, 2007

The author has spent some considerable time reading and re-reading the Court of Appeals' decision in Keane v. Keane, 3 NY3d 115 (2006), but cannot quite get it. He realizes fully that the court's word on this is the final one ' 'for now.'

Litigation

August 29, 2007

A recent case for your review.

Insurance Trusts Post-Divorce

August 29, 2007

To address existing irrevocable life insurance trusts (ILITs) in the context of a divorce, there are five steps that practitioners must take. The first four were addressed in Part One of this article: Collect Documents; Analyze Current Circumstances and Facts; Establish Insurance Objectives; and Review Existing ILIT to See If and How Objectives Can be Achieved. The conclusion discusses the fifth step.

The Value of a Divorce Coach

August 29, 2007

Have you ever had cases that you felt were appropriate for collaboration, where the clients and lawyers got started but then the clients disengaged from the collaborative process somewhere along the way? This article explains the value of a divorce coach in the collaborative process.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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