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

Couple Cannot 'Contract Away' Child Support Duty
November 24, 2009
A New York appellate court has refused to enforce a separation agreement that allowed a father to terminate child-support payments to his ex-wife if their teen-aged son "engag[ed] in full-time employment."
When Does a Nonemployee Spouse Have a Right to the Employee's Retirement Accumulation?
November 24, 2009
Usually, when the employee spouse has interests in multiple plans, the divorce settlement will also contain a waiver or release by the non-employee spouse of his or her interests in other plans. But even if effective under state law, that does not, by itself, protect the employee's interests and those of the employee's successors.
Litigation
October 26, 2009
Recent rulings of importance to you and your clients.
NY Divorce Rule Freezes Couple's Assets Without Court Order
October 26, 2009
As of Sept. 1, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.
Resolving Family Matters in an Economic Crisis
October 26, 2009
While divorce lawyers cannot increase the income and assets of the party they represent, they can help clients by suggesting alternative dispute resolution (ADR) as a tool to save time and money, thus leading to satisfied outcomes for the clients.
A Proactive Approach Toward Estate Planning
October 26, 2009
Part One of this article discussed issues such as Living Wills, Powers of Attorney and guardianship. The conclusion herein addresses securing rights for the surviving spouse in a same-sex marriage.
The Non-Effect of the Recession on Downward Modification Applications
October 26, 2009
The first part of the article described the difference between court-ordered and agreement-based support and denial of modification without a hearing. The conclusion herein discusses recent decisions in New York, New Jersey, Connecticut and New Hampshire.
A Proactive Approach Toward Estate Planning
September 29, 2009
Some states have legalized same-sex marriage while others recognize or grant certain rights to same-sex couples. The issue is critical and hotly debated because marriage confers certain benefits under state and federal law that are generally denied to same-sex couples. Many of these protections and benefits pertain to estate planning.
Enforcing Foreign Premarital Contracts
September 29, 2009
California's premarital agreements are significantly different from foreign marital contracts, which allow a couple to elect a regime of marriage ' for example, joint or community property regimes, a separate property regime, or a variation thereof ' depending on the country. Whether a California court will enforce a foreign marital contract may depend on whether the court applies California law or foreign law.
Litigation
September 29, 2009
Recent rulings of interest to you and your practice.

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  • 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.
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