Settlement in Chambers
December 31, 2013
In the first part of this article, we began discussion of the "open court" exception to the Equitable Distribution Law's requirement that, to be enforceable, matrimonial agreements made before or during a marriage must be reduced to writing, subscribed by the parties and acknowledged or proven in the manner required to entitle a deed to be recorded. But <i> Dolgin</i> and its progeny, make clear that the "open-court" exception applies only where an agreement, despite being oral, is nonetheless recorded in an official manner.
Hey Doc, It Hurts When I Do This!
December 31, 2013
Few initiatives generate more stress, frustration and disappointment for legal marketing professionals than a rebranding campaign. Rebranding efforts may include, among other items, a name change, new logo, revised messaging and advertising imagery, updated marketing materials or a combination of some or all of these components. The objective is to enhance, regain, transfer and/or recreate brand equity.
When Online Harassment of Tenant Turns Violent
December 31, 2013
Does a landlord have an obligation to act once it learns a resident is being harassed by another tenant on Facebook or similar social media site? According to a recent Ohio state appellate decision, not only is liability possible, but landlords who ignore warning signs may be doing so at their own peril.
Vanity of the Bonfires: Spoliation of Evidence
December 31, 2013
How do you know when an expert witness is getting ready to testify? By the bonfire in his backyard! Upon his conviction for Watergate-related activities, John Ehrlichman famously said, "As a matter of historical perspective, you can make a pretty good argument that a bonfire on the South Lawn wouldn't have been a bad idea." One relatively recent appellate-level decision seems to carry a similar message to forensic custody evaluators.
Med Mal News
December 31, 2013
Pre-Fall Health Influences Recovery <br>Court Calls for Better Disaster Plans to Protect Disabled
Aereo Makes Unusual Move in Networks' Bid for S. Ct. Review
December 31, 2013
In an unusual move that raised the stakes in the major copyright battle between broadcast television networks and the upstart Aereo TV service, Aereo Inc. is urging the U.S. Supreme Court to hear the dispute, even though it won in the court below.
Landlord & Tenant
December 31, 2013
Tenant Did Not Breach Obligation to Use Reasonable Efforts <br>Fraud Allegations Require Investigation Beyond Four-Year Period
Lawyering and Psychological Research
December 31, 2013
Model Standard 4.6(b) of the Association of Family and Conciliation Courts' Model Standards of Practice for Child Custody Evaluation urges evaluators "to utilize and make reference to pertinent peer-reviewed published research in the preparation of their reports." If I were to assert that research shows that more evaluators are citing research in their reports, I would expect to be asked what research I am alluding to. There is none.
FTC Update on Gathering Data; Disclosures To Consumers
December 31, 2013
In an area of major interest to the entertainment industry, the FTC continues its active enforcement of advertising practices in emerging areas such as social media and mobile marketing. At the same time, advertisers and marketers are attempting to piece together best practices as new consumer protection requirements come into effect and the first cases applying new regulatory standards are settled.
Trade Association Liability
December 31, 2013
As with many good things however, trade associations come with a price. They have attracted the attention of the plaintiffs' bar, and have been named as defendants in a growing variety of cases including antitrust, product liability, and even false advertising.
