Features
Cohabitation and the Discontinuation of Maintenance
A recent ruling by the Court of Appeals puts a whole new, and subjective, definition to the term "cohabitation": At the time that the agreement was entered into, what did the parties themselves mean when they stated the word "cohabit"?
Features
Levying Rents Pursuant to Monetary Judgment
New York's law on levies of rents pursuant to money judgment is most peculiar. The obligation of a tenant (T) to pay rent runs with the land. Let us call the forward-looking obligation of a tenant to pay rent a "rent receivable." New York law insists that the rent receivable is real property. Once the rent receivable is actually paid, the proceeds are considered the landlord's personal property. Collection of the rent "severs" the dollars from the real property.
Features
One Picture May Not Be Worth 1,000 Words
According to the author, drawings cannot possibly be viewed as a reliable source of information concerning children's perceptions of themselves, their families, the dynamics within their families, or anything else. Even if it could be demonstrated that the dynamic of projection consistently operates as children produce these drawings, there would still be no basis for relying upon them.
Features
Post-Embezzlement Asset Recovery Procedure
How companies can effectively deal with employee embezzlement in order to optimize asset recovery.
Features
Separation Agreements and General Releases
In order to get what they pay for, businesses need to ensure that their separation agreements protect the company's interest to the fullest extent permitted by applicable law.
Features
The Perfect Storm
Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August in response to a perceived product safety crisis arising from several recent high-profile recalls of imported children's products. This article provides an in-depth discussion.
Features
Separation Agreements and General Releases
While this article cannot speak to the specifics of an individual termination, the subject thumbnails set forth herein highlight key issues to consider when preparing separation agreements.
Features
McNulty Revisited
This article briefly reviews the history of the DOJ's corporate charging guidelines, discusses the policy changes from the DOJ's earlier charging guidelines, and analyzes the Filip Memo's impact on corporate investigations and prosecutions.
Features
D&O Coverage for Corporate Criminal Investigations
Surprisingly few reported decisions discuss whether criminal investigations of corporate wrongdoing are covered under directors' and officers' liability insurance policies. This is amazing because the past decade has been marked by waves of corporate scandals, and federal and state prosecutors and regulators will likely continue to launch broad investigations of corporate conduct in the decade to come.
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