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When Is 'Not Equal' Equitable?
It is well settled that Equitable Distribution does not mean equal distribution, and we counsel our clients that the tides shift toward “equal” the longer the parties are married ' particularly if there are children of the marriage. We also often default to thinking in terms of short marriages being unlikely to yield maintenance awards, particularly awards of any length. But is that what the cases are really telling us?
After examining numerous cases where there have been unequal divisions of assets, it remains difficult to decipher a clear pattern, although some trends are apparent. Of course, the lack of a pattern is consistent with the concept that the trier of fact is best positioned to determine what is equitable; however, this leaves us, the practitioners, scratching our heads and trying to guess what facts will sway a judge.
This article addresses the division of martial estates as a whole, and does not look at the division of business interests, enhanced earning capacity and related assets, which are typically divided unequally.
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?