The New York State Court of Appeals recently issued an interesting domestic relations opinion at the request of the U.S. Court of Appeals for the Second Circuit, Commodity Futures Trading Commission v. Stephen Walsh; Securities and Exchange Commission v. WG Trading Investors, L.P. (June 23). The federal court presides over an action brought by the Commodity Futures Trading Commission and the Securities and Exchange Commission (the "agencies") against Stephen Walsh and Janet Schaberg, his former wife, among others. Claiming that Walsh misappropriated more than $550 million from funds he managed for public and private institutional investors, the agencies sued him under federal anti-fraud provisions. Looking to recoup the proceeds of the alleged fraud, the agencies also brought disgorgeme...
... entered in to a divorce settlement agreement in New York. The marital property was divided, and...
.... Proposed Facebook Settlement Underscores the FTC's Privacy Priorities . On Nove..." of industry through settlement agreements). We take the inclusion of a "privacy by design" r... user's personal information -- including marital status, birthday, town, schools, jobs, photos, and...Gannett Co., Inc., a New York trial court had an opportunity to opine on the sta...
A husband could reopen a property settlement with his wife based on a claim that his investments were overvalued at the time of divorce because of the fraud of his advisors, a New York appellate court has ruled in reversing a dismissal. The husband is a partner at a large New York law firm. The parties divorced in 2006 and agreed to an equal division of marital property, which at the time included a $5.4 million account with Bernard L. Madoff Investment Securities. In accordance with the property settlement agreement, the husband paid the wife $6.6 million.
... by the estate's asserted entitlement to marital and charitable deductions. While the estate's rede...The agreement divided the estate's residue principal, assumed to...The settlement agreement divided the estate's residue principal b... (as in, "My boss said that I may go to New York"), the contingency referred to could simply be the...
...) Thanks to the contractual nature of the marital relationship, the wary fiance or exhausted spouse ... marriage in the form a separation or settlement agreement. See 5 RICHARD A. LORD, WILLISTON ON CON... Fault: Why Divorce Reform Has Lagged in New York, 27 PACE L. REV. 559, 559 (2007) (noting adultery ...
Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) transferred rulemaking authority for a number of consumer financial protection laws from seven Federal agencies to the Bureau of Consumer Financial Protection (Bureau) as of July 21, 2011. The Bureau is in the process of republishing the regulations implementing those laws with technical and conforming changes to reflect the transfer of authority and certain other changes made by the Dodd-Frank Act. In light of the transfer of the Board of Governors of the Federal Reserve System's (Board's) rulemaking authority for the Equal Credit Opportunity Act (ECOA) to the Bureau, the Bureau is publishing for public comment an interim final rule establishing a new Regulation B (Equal Credit Opportunity). This ...
..., race, color, religion, national origin, marital status, or age (provided the applicant has the cap... Disclosure Act, the Real Estate Settlement Procedures Act, the S.A.F.E. Mortgage Licensing Ac... arising on an account by reason of an agreement to that effect. (j) Credit means the right gra... 1. Preemption determination--New York. The Bureau recognizes state law preemption determ...
... Tax Court did not consider the actual settlement amount paid. The Tax Court, however, determined th... entitled to discount the value of three marital trusts for claims by ESOP members against the mari... ultimately entered into a settlement agreement during a court ordered mediation. The agreement re...Proskauer Rose LLP . 1585 Broadway . New York . NY 10036 . UNITED STATES . Tel: 2129693000 . Fax...
... in capital cases) of eight persons); New York ex rel. Bryant v. Zimmerman, 278 U.S. 63 , 71 (1..., because I strongly believe that my agreement or disagreement has nothing to do with the right o... might justify such an intrusion upon the marital bedroom. . The apparent lack of deference to state... could not obtain a judicial settlement of accounts if the only notice was publication in ...
This article suggests that statutes governing both corporations and limited liability companies should require all owners to read several warnings about the dangers of a lack of advance planning before starting a business, or before purchasing an equity interest in an existing closely held business. Part I of this article reviews the current landscape of available business forms and details the many ways in which the majority owners of a business can take advantage of the minority owners. Part I also reviews the many ways in which the minority owner could have protected himself -- if he had the foresight to do so. Part II then reviews the main statutory and judicial responses to the problem of minority owner oppression and discusses their inadequacy. After discussing some other suggesti...
... to have the lawyer draft an employment agreement for him, if indeed this issue even crossed his min... the states of California, Delaware, and New York, as well as the Revised Uniform Limited Liability ... shareholder will likely have better settlement leverage in litigation. Allows the Parties to Cust... comprehensive approach would involve "pre-marital counseling." In other words, if the parties can be...
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