Landlord & Tenant
October 07, 2003
The latest rulings of importance to you and your practice.
Deferred Compensation: Dramatic Changes
October 07, 2003
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
October 07, 2003
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?
Sexual Orientation Is Now a Protected Category
October 07, 2003
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.
Employers Can Deny Coverage for Certain Infertility Treatments
October 07, 2003
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.
Property Condition Disclosure Act: The First Published Court Test
October 07, 2003
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).
Real Property Law
October 07, 2003
Analysis of the latest cases of interest to your practice.
