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Separation Agreements — Contracts Governed by Contract Law
A separation agreement is a contract subject to the principles of contract construction and interpretation. “Where the contract is clear and unambiguous on its face, the courts must determine the intent of the parties from within the four corners of the contract.” Meccico v. Meccico, 76 N.Y.2d 822, 823 (1990); see also Cappelli v. Cappelli, 286 A.D.2d 359 (2d Dept. 2001). Normally, the only way to change the agreement is by consent of all parties. Mancini v. Mancini, 236 A.D.2d 449 (2d Dept. 1997).
There appears to be no reason why the parties to a separation agreement cannot specifically provide in their agreement that a resumption of marital relations will not be deemed a reconciliation, and that the separation agreement will not be impaired or invalidated thereby unless a formal written document is executed by the parties acknowledging such reconciliation and affirmatively canceling the agreement. Indeed, such language is commonly found in separation agreements, and its obvious purpose is to avoid subsequent litigation in the event of a failed reconciliation attempt.
Under general contract law, statutory privileges are commonly contracted away. For example, a party may, with certain limitations, contractually give up the right to appeal. People v. Taylor, 65 N.Y.2d 1 (1985) (a defendant waives right to appeals in exchange for guilty plea). This is true in the civil context as well, as in Kesseler v. Kesseler, 10 N.Y. 2d 441 (1965), and Department of Soc. Servs. v. Herbert R., 213 A.D.2d 636 (2d Dept. 1995), in which the right to appeal was contracted/stipulated away.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.