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We found 819 results for "The Matrimonial Strategist"...

Making Prenuptial Agreements 'Bulletproof'
June 02, 2017
Can prenuptial agreements be made "bulletproof," that is, immune from the challenges and vagaries of litigation? Perhaps not entirely, but with certain precautions, many of those agreements can be made more invulnerable.
Litigation
June 02, 2017
Discussion of two recent notable cases.
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
May 02, 2017
<b><I>Part One of a two-Part Article</I></b><p>Trusts have traditionally been used to protect wealth from divorce. However, what many estate planners refer to as "traditional" trust draftingis not nearly as effective at protecting wealth from the potential risks of divorce as approaches advocated by what some loosely refer to as "modern trust drafting."
An 'Extra Parent': NY Law Can Accommodate That Situation
May 02, 2017
We have seen surrogate mothers seek custody of children they carried for couples who provided their own egg and sperm; same-sex co-parents fight for visitation rights with children with whom they have no biological or adoptive connection; and grandparents argue that they are the “real” parent to a child. Now comes a new twist: custody of a boy born after three people decided they wanted to have a child.
Common Law Marriage
May 02, 2017
Why do so many misunderstandings about common law marriage persist? In an age where more couples say "I don't" than "I do" to traditional marriage, this article offers some points to consider.
Immigration Status, Divorce and Removal: What Is the Standard of Review?
April 02, 2017
Although immigration law need not be an area of expertise in a family law practitioner's toolbelt, it doesn't hurt to have some knowledge of the ins and outs of this system when presented with a client facing possible removal from the United States because a marriage was short-lived.
Current Trends in Alimony Laws
April 02, 2017
<b><I>The Swinging Pendulum</I></b><p>Since the time that fault-based divorce fell into disfavor, and no-fault divorce became commonplace, there have been significant ebbs and flows in the nationwide trends of alimony. Now there has been yet another trend in alimony nationwide, commonly referred to as "alimony reform."
Essential Foundations of Preparedness for Procedures in the Divorce Process
April 02, 2017
The release of the January 2017 Report of the New York Chief Administrative Judge's Matrimonial Practice Advisory & Rules Committee (MPARC report) provides the stimulus for reflection on the manner in which divorce lawyers process their clients' case matters. Thus, it seems appropriate now to look at some of the practicalities of matrimonial practice and procedure in today's environment.
Litigation
April 02, 2017
Discussion of two recent rulings of interest.
Expert Witnesses: Observing the Limits of Expertise
March 01, 2017
Life-altering opinions are also being offered by file reviewers (work product reviewers), some of whom seem to be oblivious to, or unconcerned about, the inherent limitations of a file reviewer's data.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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