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Protection under Participation Clause Extended to Alleged Harrassers

Alleged harassers may not be retaliated against for participating in the investigation of harassment against them, according to the Second Circuit in a ruling of first impression. Deravin v. Kerik, 335 F.3d 195 (2d Cir. 2003). In doing so, the court held that "defending oneself against charges of discrimination - to the extent that such defense involves actual participation in a Title VII proceeding or investigation - is 'protected activity' within the scope" of the participation clause of Title VII.

Decisions of Interest

Recent cases of interest to you and your practice.

The Marital Residence: A Complex Financial Asset

In the article "Thinking About Settlements: Should Retirement Plans Be Discounted for Taxes?" published in the June issue of New York Family Law Monthly, 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?

Part Two of a Two-Part ArticleIn 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

'Overreaching' Added to Case Law 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

Cases of importance to your practice.

Index

A comprehensive list of key cases discussed in this issue.

Landlord & Tenant

Cases of importance to your practice.

Development

Cases of importance to your practice.

Cooperatives & Condominiums

Cases of importance to your practice.

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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