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

Non-employee Spouse Waivers of ERISA Plan Benefits Not Reliable
September 29, 2008
In an aging population, accumulations in employee retirement plans assume greater and greater importance. Nowhere is this more true than in divorce, when, for many couples, retirement savings represent the most significant part of their savings.
Same-Sex Marriage: Survey on Policies
September 29, 2008
The start of same-sex marriages in California on June 16 made headlines across the country. However, it was not such a big deal for many U.S. companies. These businesses already give their gay and lesbian employees many of the same benefits that they provide to their married straight workers.
The Pluses and Minuses of Voluntary Mediation Sessions
September 29, 2008
More and more courts and legislatures are turning to mediation. This article concerns itself with the voluntary nature of these mediation sessions.
Diagnostic Distractions
August 25, 2008
This article explores the question of whether diagnostic labels have a legitimate place in the custody evaluation context and related evidentiary considerations of reliability, validity, relevance, and prejudice.
Discharge of Family Law Obligations in Bankruptcy
August 25, 2008
BAPCPA made significant changes in the treatment of alimony, child support and other obligations arising out of the dissolution of the marital relationship. This article refers to these obligations collectively as "family law obligations." Although many articles appeared in 2005 regarding the changes made by BAPCPA, it is worth revisiting these changes as they apply to the family law practitioner because the current economic downturn will lead to many more consumer bankruptcy filings in the remainder of 2008 and in 2009.
Justice Department OKs Benefits for Lesbian Couple's Child
August 25, 2008
The federal government may not recognize same-sex couples, but it can pay benefits to their children. That is the result of a U.S. Department of Justice opinion released June 9.
Practical Suggestions for Matrimonial Arbitration
August 25, 2008
At the May 2008 AAML (American Academy of Matrimonial Lawyers) Matrimonial Arbitration Training Institute, presenters from North Carolina, Michigan and Texas, with scores of years of arbitration experience, gave advice about the responsibility of arbitrators and the smooth presentation of an arbitration case. That training is being considered through the lens of an important Pennsylvania matrimonial arbitration case: <i>Deborah Kennedy v. Michael Kennedy.</i>
Litigation
July 31, 2008
A review of recent cases.
NY Case Unwittingly Creates Community Property State?
July 31, 2008
A recent decision by a New York appellate court may have converted New York into a community property state. <i>Johnson v. Chapin</i>, 350749/01, NYLJ March 17, 2008, p. 25 col. 1.
Hague Article 13b
July 31, 2008
With only 20 years of U.S. case law on the Convention, any new American case ' especially at the federal appellate level ' attracts the attention and interest of 'Hague' lawyers in this country. <i>Simcox v. Simcox</i>, handed down on Dec. 28, 2007, is no exception.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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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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