Marital Misconduct and Alimony
October 30, 2006
Decisional law in New Jersey has long expressed the view that alimony is neither a punishment for the payor nor a reward for the payee. <i>Aronson v. Aronson</i>, 245 N.J. Super. 354, 364 (App. Div.1991). Rather, it is an economic right that arises out of the marital relationship that provides a dependent spouse with a level of support and standard of living commensurate with the quality of economic life that existed during the marriage. <i>Stiffler v. Stiffler</i>, 304 N.J. Super 96, 99 (Ch. Div.1997) (quoting <i>Koelble v. Koelble</i>, 261 N.J. Super. 190, 192-93 (App. Div. 1992)).
The Importance of <i>Wa</i> When Doing Business in Japan
October 30, 2006
Volumes have been written on the supposed non-litigious nature of the Japanese, usually citing statistics showing there are hundreds of times fewer attorneys and lawsuits per capita in Japan as compared to the U.S. These statistics are generally misleading because they fail to take into account the structure of the Japanese court system itself, which presents significant barriers for litigants. <br>This article focuses on two aspects of Japanese culture that noticeably affect the Japanese approach to business relationships. First, the Japanese insistence on preserving harmony as evidenced by consensus decision-making, avoidance of confrontation and attention to formalities of rank and seniority. Second, the importance of mutual trust to the business relationship as evidenced by the emphasis on non-business discussions.
'Equitable Paternity'
October 30, 2006
He who acts like a father is a father ' at least legally, even if not biologically. New York's highest court, the Court of Appeals, concluded this in a recent ruling, imposing 'equitable paternity' on a man who wrongly assumed he had fathered a daughter and acted accordingly.
State Ruling May Have National Impact
October 30, 2006
On March 27, 2006, the Superior Court of New Jersey, Appellate Division decided a case that may have national implications because it involved federal law. <i>Pryce v. Scharff</i>, 384 N.J. Super. 197, 894 A.2d 668 (2006). Although this opinion went fairly unnoticed in the matrimonial community, its impact upon current and future litigation promises to be profound. To summarize briefly, the <i>Pryce</i> case involved the issue of whether overdue child support judgments should be subject to post-judgment interest. After reviewing the federal and state statutes and the current New Jersey Court Rules, the Appellate Division ruled in the affirmative.
News Briefs
October 30, 2006
Highlights of the latest franchising news from around the country.
Court Watch
October 30, 2006
Highlights of the latest franchising cases from around the country.
Competitive Intelligence: A Tool for In-house Counsel
October 30, 2006
Competitive Intelligence has long been used by corporate America to analyze trends, client feedback, and marketing strategies to get an edge. It's the newest buzzword among law firms to win more market share and retain clients. But it's barely a whisper in law departments, at least when it comes to selecting outside counsel.
The Human Side of Data Security
October 30, 2006
As headlines continue to report data security breaches at an alarming rate, discussion often focuses on the need for enhanced technical controls, such as two-factor authentication and encryption, to protect sensitive, personally identifiable information. The role of the company employee, both as the cause of, and the first line of defense against, security breaches is often lost in the analysis. Yet developing law is increasingly requiring administrative or procedural controls, particularly those directed at employees, as a component of a legally compliant security program.
<i>Trenwick America</i>
October 30, 2006
The issue of directors' and officers' liability for deepening insolvency has been the source of a significant number of judicial opinions over the past few years with little consensus being reached on the viability of these claims. This may have changed however. Despite the Delaware Bankruptcy Court's recent decision, <i>In re: Scott Acquisition Corp.</i>, 2006 WL 1732277 (Bankr. D. Del. 2006), which ruled that directors and officers of insolvent subsidiary companies owe fiduciary duties to both its creditors and the subsidiary itself. The Delaware Chancery Court, Vice Chancellor Leo E. Strine presiding, subsequently and resoundingly waded into the breach of fiduciary duty and zone of insolvency arena with its decision in ,<i>Trenwick America Litigation Trust v. Ernst &Young, L.L.P., et al.</i>
Honesty Is Fundamentally the Best Policy
October 30, 2006
The Superior Court of Pennsylvania recently delivered good news for franchisors and their counsel, as it expressly held 'that there are circumstances where the nature of the breach permits the aggrieved party to immediately terminate the contract despite a 'cure' provision where a franchisee commits grievous acts of dishonest conduct.' In <i>LJL Transp., Inc. v. Pilot Air Freight Corp.</i>, __ A2.d __, 2006 PA Super 176, 2006 WL 1977508 (Pa. Super, Pa. July 17, 2006) (No. 2068 EDA 2005), Judge Richard B. Klein, with Judge Maureen Lally-Green concurring, authored the opinion affirming a Northampton County trial court's order denying the franchisee's motion for summary judgment and granting the franchisor's cross-motion for summary judgment.
