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Features

Deferred Compensation: Dramatic Changes Image

Deferred Compensation: Dramatic Changes

Thomas R. White III

The recent issuance of Revenue Ruling 2002-22, 2002-19 I.R.B. 849 dramatically changes how income tax principles will be applied to the marital division of deferred or incentive compensation arrangements, and, potentially, to other types of assets, the gain from which is taxable as ordinary income. Stock options and contractual deferred compensation arrangements have become a standard form of compensation for corporate employees. In the marital dissolution law of practically every state where marital rights to these compensation arrangements have been examined, the value represented by these rights has been determined to be marital property, subject to division at divorce to the extent earned before divorce. Indeed, deferred compensation rights may be the most valuable marital asset, so negotiation and litigation over division of this value has become a fertile area for marital settlements.

A Word to the Wise Image

A Word to the Wise

Alfred G. Feliu

Arbitration has become an increasingly powerful force in the resolution of disputes in the employment setting. Your client has asked you to draft or revise an arbitration provision in an employment agreement. What do you do?

Features

Sexual Orientation Is Now a Protected Category Image

Sexual Orientation Is Now a Protected Category

Lee F. Bantle

Sexual orientation will now be treated as any other protected category in employment litigation under New York State law. After having been proposed without passage for 31 years, the Sexual Orientation Non-Discrimination Act (S. 720/ A. 1971) (SONDA) finally became law on January 16, 2003.

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of importance to your practice.

Employers Can Deny Coverage for Certain Infertility Treatments Image

Employers Can Deny Coverage for Certain Infertility Treatments

ALM Staff & Law Journal Newsletters

An employer's medical plan that denies coverage for certain female-only infertility procedures does not violate either the Pregnancy Disability Act (PDA) or Title VII of the Civil Rights Act of 1964. The Second Circuit, in a ruling of first impression, concluded that neither are violated.

Features

Property Condition Disclosure Act: The First Published Court Test Image

Property Condition Disclosure Act: The First Published Court Test

Karl B. Holtzschue

The Property Condition Disclosure Act (PCDA), which became effective on March 1, 2002, requires a seller of residential real property to deliver to a buyer a Property Condition Disclosure Statement (PCDS) before the buyer signs a binding contract. In <i>Malach v. Chuang, infra</i>, a Richmond County Civil Court judge construed ' for the first time ' the remedy provisions of the statute (R.P.L. sec. 465).

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of the latest cases of interest to your practice.

Features

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

A rundown of the latest cases.

ONLINE: How to Research Human Organ Damage Image

ONLINE: How to Research Human Organ Damage

ALM Staff & Law Journal Newsletters

If your product liability case involves damage to a specific organ, <i>eg,</i> heart damage allegedly caused by the use of fen-phen, professional organizations such as the American College of Cardiology (ACC) may offer some assistance. You can go to the association's Web site (www.acc.org) for information on a number of conditions.

Features

CASE NOTES Image

CASE NOTES

ALM Staff & Law Journal Newsletters

Highlights of the latest intellectual property cases from around the country.

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