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Child Support Calculations Under Various State Laws Reveal Widely Varying Amounts
This article outlines essential elements for the calculation of child support under the statutory schemes in New York, Florida, Pennsylvania and Washington. Each section includes a calculation of child support for one child assuming the residential or custodial parent earns an income of $50,000 and the non-residential parent earns $100,000.
<b><i>At the Intersection:</i></b> Strategic Pricing
The difference between <I>pricing</I> legal work the way law firms have always done it and <I>strategic</I> pricing is simple: The former looks at the price tag from the law firm's point of view, focusing on revenue and profitability. The latter focuses not on how much clients can be convinced to pay, but on perceived bang for the buck... .
Wage and Hour Red Flags
Many California employers are hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. Some of these claims are legitimate, some are not, but employers must defend against all such claims, often incurring hefty attorneys' fees in the process.
Restaurant Leasing
This article highlights a variety of lease provisions that are particularly germane to restaurant tenants.
<i>Fokker</i> and Its Aftermath: The Irony and the Legacy
While recent years have seen a rash of decisions rejecting civil settlements between the SEC and corporate defendants, <I>United States v. Fokker Services B.V.</I> represents the first time that a federal court has rejected an agreement in the criminal context.
Dangers of Relying on a Single-Period Capitalization Mode
The biggest danger to matrimonial attorneys is that the valuation professional will only give this single-period model as the sole support for the opinion, seemingly ignoring other market evidence and asset/liability components. If this is the situation, the matrimonial attorney should understand how to attack the opposing expert, or seek support of his/her expert in a hearing to rehabilitate the expert following a cross-examination scrutiny.
Training Tomorrow's Lawyer
There's math and technology involved? Count me out, that's why I went to law school." The attorneys in the room nod at each other, smiling at this joke that more than a few of us have told at one point in our careers. But it looks like this joke has finally run its course. The practice of law is not immune to technological advances, especially in the areas of research methodologies and, of course, electronic discovery.
Eminent Domain Law
A look at a case in which the landowner brought a proceeding challenging condemnation of an easement across landowner's land.
Disposition of Partial LLC Interests in Bankruptcy
The most obvious and logical candidates to purchase an estate's LLC interests are the other, non-bankrupt members because the market for selling privately held LLC interests is thin, and dispositions to third parties may raise complications concerning sales of unregistered securities.
Debtors Cannot Sell Unsecured Creditor's Collateral
Under Section 363(f) of the Bankruptcy Code, a debtor may sell property free and clear of a third-party's liens, claims and encumbrances only if that party "could be compelled, in a legal or equitable proceeding, to accept a money satisfaction" of that party's interest in the property. However, in a recent case, the judge was faced with a relatively rare scenario.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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