This issue of the <i>The Matrimonial Strategist</i> marks the beginning of a new approach to informative, down to earth, practical and instructive articles as a resource and tool in the everyday practice of lawyers in the matrimonial field. Our editorial team plans to focus even more on new trends in the law, innovative legal ideas, and also "minefields" to avoid in representing clients in this highly emotionally charged field of law.
Recently, there has been a rise in cases brought by fathers who want to maintain relationships with children who are not their biological offspring. For example, in a recent case, a mother was estopped from claiming her child did not belong to the man who had been his putative father, even though DNA tests indicated that he was not the biological father. This article explores the various approaches attorneys can use to help their clients in these circumstances.
The first two parts of this article addressed issues surrounding pre-trial preparation of an expert, such as financial arrangements and scheduling, trial preparation and direct testimony. The conclusion herein discusses cross-examination and post-trial feedback.
To what extent does the increasing availability of information change statutory or constitutional obligations to provide notice of tax foreclosure proceedings?
Guilty pleas have been entered for the first time under new Sarbanes-Oxley Provisions. On April 5, 2003, <i>The New York Times</i> reported that Richard Scrushy, former Chief Executive Officer for HealthSouth Corporation, the largest provider of diagnostic imaging, outpatient surgery, and rehabilitation services with locations in 50 states and abroad, has been targeted by regulators for allegedly helping to overstate the company's earnings by more than $2 billion during the past 6 years.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
