The state of Delaware is, and for many decades has been, the predominant jurisdiction of choice for those seeking to incorporate or form an alternative entity. Over two-thirds of the Fortune 500 are domiciled in Delaware, as are nearly eighty percent of companies filing for a U.S.-based initial public offering. One of the main factors … Continued
Recent Legislation New York legislature addresses custody and medical treatment of transgender children New York is considering a bill that broadens jurisdiction for custody cases involving transgender children. The bill, S.7506-A/A.7687-A, would allow state courts to accept jurisdiction in cases where a parent asserts that they have moved to New York seeking a refuge where … Continued
One major purpose for non-compete agreements is protecting a company’s trade secrets and other proprietary and confidential information. By preventing former employees from working with competitors, non-compete agreements can be an effective tool in preventing the dissemination of trade secrets and other information to those competitors. Due to a new rule recently promulgated by the … Continued
Introduction American Indian, Indian, Native American, or Native, are acceptable and appropriate terminology and are often used interchangeably when describing American Indian people. The terms tribe and nation are used interchangeably but carry very different meanings for many Native people. Many tribal groups are known officially by names that include nation.1 Although Indian Tribes are spread out across the state of New … Continued
The Corporate Transparency Act (CTA) took effect January 1, 2024. The CTA is designed to combat money laundering and other financial crimes by requiring a broad range of entities to disclose information about their owners and persons who exercise control to the Financial Crimes Enforcement Network (FinCEN), a bureau of the United States Treasury. Among … Continued
Like every other aspect of the practice of law, electronic documents are an integral part of today’s discovery process. Today, almost all legal matters involve some type of data that needs to be collected, analyzed, and potentially produced. This is often seen as a daunting and potentially expensive process. Not only are there legal standards … Continued
In its 1977 decision in Kahn v. Kahn,1 the Court of Appeals held that “unless a court alters the legal relationship of a husband and wife by granting a divorce, an annulment, a separation or by declaring a void marriage a nullity, it has no authority to order the sale of a marital home owned by the … Continued
Just in case you haven’t noticed, our court system is not working well at all. There need to be more judges, more support staff, and more efficiency. Hearings, trials, applications and appeals take altogether too long to be heard and resolved and long delays are standard fare. Legal costs are prohibitive. In such an environment, … Continued
The Criminal Justice Section held its Fall Meeting in Albany on September 29-30. The meeting began with an Executive Committee meeting on September 29, held in person at the Bar Center with a virtual option. Despite the heavy rainfall, car breakdowns, and traffic jams, a good contingent of CJS stalwarts made it to Albany. The … Continued
By the time this issue hits mailboxes and the internet, we will be nearing the Annual Meeting. I’ve found that gathering to be an inspiration for new ideas for practice and, more importantly, discussion. Browsing the topics of all the section presentations provides insights to new trends and pressing issues. Our section members may focus … Continued