Life Insurance and Divorce
June 28, 2005
Life Insurance is an important matter in most divorces. There are a host of issues that are not addressed in the typical negotiation. Consider the following sample insurance clause from a Property Settlement Agreement [PSA]: "The husband shall maintain life insurance for the wife having an aggregate death benefit of $250,000. Said obligation shall be terminated if the husband's obligation to pay alimony is modified/terminated. The husband shall maintain life insurance having an aggregate death benefit of $250,000 for the benefit of the unemancipated children. Said benefit shall be reduced by $75,000 upon the emancipation of the first child and again upon the emancipation of the second child. The obligation to maintain any life insurance for the children shall terminate upon the emancipation of all Three [3] children." There are many important decisions and considerations not addressed in a simplistic -- and typical -- clause like this, and practitioners need practical recommendations and advice on how better to address life insurance issues. This article provides both.
Identifying Expert Witnesses
June 28, 2005
Anyone who has handled a custody or equitable distribution case knows that expert witness testimony may be necessary at trial with regard to the disputed custody or valuation issues. The Civil Practice Law and Rules require counsel to lay a preliminary foundation for the introduction of expert testimony at trial, if a proper demand is made. However, many attorneys never make such a demand, so their adversary is free to offer such testimony. Attorneys who serve a demand are often successful in precluding such testimony when their demand goes unanswered.
Grandparent Custody
June 28, 2005
On Oct. 8, 2003, Governor Pataki signed into law a bill, #S422A, which amended FCA '651(b) and DRL '72(2)(a) (b) (c), codifying jurisdiction to hear and determine petitions filed by grandparents for custody of their grandchildren. The amendments became effective Jan. 5, 2004. When the governor signed the legislation into law, it was lauded as an example of his commitment to New York State's children and families. Assemblyman Roger Green said, "In some cases, grandparents are the best viable guardian of a child. I therefore commend Governor Pataki for signing this law into effect on behalf of the many grandparents who work hard to provide a safe, nurturing home for their grandchildren. This is a wonderful day for grandparents and their grandchildren and the great State of New York."
Steering e-Discovery's Course
June 28, 2005
A group of vendors, attorneys and other electronic-discovery services "consumers" hopes to use public input to develop a reference model that would help set e-discovery standards and guidelines.
Subpoena For e-Mail
June 28, 2005
e-Mail is a rich source of e-discovery and it is being used more often in legal and regulatory actions. It was a significant source of evidence in the Enron scandal, in Martha Stewart's case and in hundreds of other cases. According to the ePolicy Institute, 21% of companies have been ordered by courts to produce employee e-mail. A critical consideration for counsel is that when a client receives a subpoena for company e-mail, the client will either be surprised and dismayed, or confident in its awareness and control of e-mail content. The latter situation, of course, is the better one in which to find oneself.
The Dangers Of Electronic Discovery
June 28, 2005
The <i>Morgan Stanley</i> case is the most recent example of the perils that corporate defendants face in the era of e-discovery. Electronic evidence, and especially e-mail, now plays a starring role in litigation and investigations involving large corporations, particularly in areas such as employment discrimination, fraud and corporate mismanagement. Judges are increasingly familiar with electronic discovery, and are increasingly willing to impose heavy sanctions on corporations that do not comply with electronic discovery requests. As the Morgan Stanley case shows, the consequences of these sanctions can be dire. It is important, therefore, that companies take heed of the lessons of the Morgan Stanley case, and ensure that they have in place a comprehensive and effective system to recover and produce electronically stored documents.
The Leasing Hotline
June 28, 2005
Highlights of the latest commercial leasing cases from around the country.
