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Imputed Income: A Look at What Courts Find Persuasive
In Part One of this article, we looked at some of the factors courts use in determining whether to impute income to a divorcing spouse, and how much. But one of the most powerful influences on a court's decision to impute income may be its suspicion that a party simply is not being as forthcoming with the truth as he or she should be.
Supporting Spouse's Income Claims Not Credible
Often, it has been the parties' standard of living that led courts to impute a higher income than reported because the court deems such income necessary to afford the historical expenditures. For example, in C.R.Z. v. D.E.Z., 200558/09, NYLJ 1202503772255 (Supreme Court Suffolk County, Referee A. Jeffrey Grob), discussed in Part One, the husband made his living as a diamond merchant, marketing stones under several corporate entities. He gave testimony with respect to the sources of his income, which the court found “conflicted and equivocal.”
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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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?