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Understanding Equitable Distribution
As the definition of marital property continues to expand and embrace more and more esoteric forms of property, equitable distribution cases become increasingly complex. Consequently, the tendency for matrimonial lawyers is to rely on the valuation expert and to blindly accept and utilize the bottom line numbers contained in their reports. The pitfall is that, whether in the context of settlement negotiations or litigation, in order to properly prosecute or defend the client's case, the matrimonial practitioner cannot wholly rely on the expert. The attorney must be able to understand on his or her own the analytical components and premises of the valuation methodology.
One frequently used valuation methodology, often seen in the context of valuing a professional partnership interest, is the capitalization of excess earnings method. In this approach, the amount of the titled spouse's earnings in excess of reasonable compensation - the so-called goodwill in the entity - is multiplied by a capitalization rate in order to arrive at the value of the interest in the partnership.
The following is a breakdown of the excess earnings valuation methodology into digestible pieces.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?