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The Matrimonial 'Dating Game'
A review of equitable distribution decisions in any given year can leave one reeling, if not from the novelty of the holdings, then certainly from the frequency with which certain fundamental issues are re-litigated with the predictability of the perennials of springtime.
One such recurrent issue is the impact of a dismissed or discontinued matrimonial action on the classification and valuation of marital property. The context of the issue is this: The matrimonial court, in administering the equitable distribution statute, must undertake a three-step process: 1) Classify assets as either marital or separate property; 2) Fix the value of each marital asset as of a designated valuation date; and 3) Determine the distributive percentage of marital property that each spouse will receive.
Classification is governed by DRL ' 236(B)(1)(c), which defines marital property as those assets acquired between date of marriage and the date of commencement of 'a matrimonial action.' Where a prior matrimonial action was dismissed or discontinued and is then followed by a second action, the question becomes which commencement date controls classification? If it is the earlier action, anything acquired between the two commencement dates will be immunized from distribution. If the latter action controls, those assets come into the marital estate.
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.