Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Decisions of Interest
September 01, 2003
Recent cases of interest to you and your practice.
The Marital Residence: A Complex Financial Asset
September 01, 2003
In the article "Thinking About Settlements: Should Retirement Plans Be Discounted for Taxes?" published in the June issue of <i>New York Family Law Monthly</i>, I explained that retirement plans are complex assets, comprised of both tax-deferred (asset) and taxable (liability) components. Because of this complexity, I explained that the true value of these assets is context-dependent and closely tied to the financial situation of the ultimate owner. Attempting to divide these assets equitably in the one-dimensional environment of the yellow legal pad is not without peril.
Should Forensic Psychologists Make Custody Recommendations?
September 01, 2003
<b><i>Part Two of a Two-Part Article</i></b>In last month's article, we explained that divorce psychology remains in its infancy, and that, given the extreme complexity of the psychological issues at hand in custody matters, it is no surprise that our discipline in this area is evolving. However, that does not mean there are not real problems at hand. This month's article continues the discussion about the debate currently surrounding certain developmental theories that are often the central underpinnings of custody recommendations.
Valuation of Marital Property: A New Twist
September 01, 2003
<b><i>'Overreaching' Added to Case Law</i></b> Justice Anthony J. Falanga of the Supreme Court, Nassau County has added another twist to the case law fixing dates for the valuation of marital property when a previous action for divorce is abandoned.
Real Property Law
September 01, 2003
Cases of importance to your practice.
Index
September 01, 2003
A comprehensive list of key cases discussed in this issue.
Landlord & Tenant
September 01, 2003
Cases of importance to your practice.
Development
September 01, 2003
Cases of importance to your practice.
Cooperatives & Condominiums
September 01, 2003
Cases of importance to your practice.
Hidden Defects in Title
September 01, 2003
<b><i>All About the 'New Predatory Lending Law'</i></b> Hidden defects in title are one of the nightmares of the title insurance industry - as well as one of the protections that make the purchase of title insurance the more alluring. Although only experience may supply the ultimate answer, there is a possibility that the new "predatory lending law" in New York will generate lurking infirmities in titles devolving through mortgage foreclosure actions that may render tenuous the issuance of insurance on such properties.

MOST POPULAR STORIES

  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
    Read More ›
  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
    Read More ›