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Saving Agreements with Defective or Missing Temporary Maintenance Recitals
New York's interim maintenance statute (2010 N.Y. Laws Ch. 371, ' 1, codified at Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a.), which the Legislature enacted in 2010, has been widely criticized as overly formulaic ' and, because it requires judges to consider many factors in each decision, unduly cumbersome. See, e.g., Joel Stashenko, Maintenance Bill's Formulaic Approach Drew Opposition, NY Law Journal, July 7, 2014 (quoting members of the bench and bar, though some defend the use of formulas); Lee Rosenberg, Multiple Flaws Abound in New Interim Spousal Support Statute, NY Law Journal, Feb. 25, 2011.
Less discussed, but also potentially troubling, are the requirements that the statute imposes on agreements. Those regarding temporary maintenance, to be enforceable, must include a calculation of what would have been the level of temporary maintenance under the formula; a recitation that said “presumptive award” is “correct”; and, if the parties agreed to some other amount, a recitation of the reasons why. DRL ' 236B subd. 5-a(f). Those requirements should be familiar to the matrimonial bar, as the Legislature took them almost verbatim from the requirements for agreements about child support. Compare id . with ' 240 subd. 1-b(h). The Child Support Standards Act inserted identical recital requirements in that paragraph and in Family Court Act ' 413 subd. 1(h). For simplicity, this article cites only to the DRL.
Case History
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?