NY Same-Sex Marriages in MA
June 28, 2007
In a short and succinct amended final judgment in the Massachusetts case of <i>Cote-Whitacre v. Dept. of Public Health</i>, Civ Action No. 04-2656-G (Superior Court, Suffolk Cty.), Justice Thomas E. Connolly clarified for New York same-sex couples married in Massachusetts that those whose nuptials took place before July 6, 2006 are still married in the eyes of the State of Massachusetts.
Panel Cancels Divorce
June 28, 2007
A Manhattan appeals panel has reversed a trial court's grant of divorce, holding that the wife's allegations did not satisfy New York's 'cruel and inhuman treatment' standard, notwithstanding her claim that her husband 'physically force[d] himself on [her] sexually.'
The Looming Associate Crisis
June 28, 2007
An associate recruitment and retention crisis is looming for which there are no easy solutions. Law schools continue to graduate roughly 40,000 students a year, as they have over the last 20 years. The AmLaw 200 law firms have been steadily hiring an average of 4%+ more associates each year, resulting last year in a typical incoming associate class of 50. That means that AmLaw 200 firms now hire about 10,000 new associates a year, or about 50% of the graduates from the top 100 (hardly the Ivy League elite) of the nation's 200 law schools.
Support Modification: Overview and Update
June 28, 2007
When a client wants to modify a child support or maintenance order, the matrimonial law practitioner must generally start by reviewing the standard applicable to the type of modification involved in the case. An occasional review of these standards can be helpful in keeping the practitioner focused. In addition, a concise discourse on these principles can be an invaluable tool for educating the newer attorney to the field.
Family Court Protective Orders
June 28, 2007
Under New York's Family Court Act of 1994, parties may obtain protective orders through Family Court and Integrated Domestic Violence Court only if they are married to or divorced from their alleged abuser, they are blood relatives of their abuser, or are single adults with children in common with their abuser. This means that a lot of people who want to get orders of protection must go to the criminal courts. That might seem fine, except for the fact that the standard of proof for permanent protective orders thus becomes 'beyond a reasonable doubt' rather than 'by a preponderance of the evidence.' In addition, the individual victim loses control of the process by having to involve the police and rely on overworked prosecutors to vigorously pursue the abuser.
Life Insurance and Divorce
June 28, 2007
Does your divorcing client's Statement of Net Worth reflect the fair market value of the life insurance policies he or she owns? This seems like a simple question, but in certain circumstances it may actually be quite complex.
IP News
June 28, 2007
Highlights of the latest intellectual property news from around the country.
Protection of Fragrances
June 28, 2007
The perfume industry is a wealthy and profitable one, generating an ever-increasing turnover worldwide. However, as do all successful industries, it attracts numerous counterfeiters and tempts indelicate competitors to copy successful perfumes. Although perfumes are expensive and sensitive products whose development requires time and sizeable investment, they are, unfortunately, hard to protect against unauthorized copies.
