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Sentimental Value and Division of Marital Property

Catherine Pavur October 11, 2016

Old photographs, family antiques and the autographed basketball. Sentimental value plays our heartstrings, but does it help clients get their special items at divorce? The short answer is generally no. North Carolina’s equitable distribution rules don’t address sentimentality. So what’s a practitioner to do when a client really wants a particular item? You can start by learning how the client

The NFL’s Real Concussion Litigation Battle Lies Ahead With Its Own Insurers

Aalok K. Sharma October 3, 2016

In 2011, a group of retired players brought suit against the NFL seeking to recover for traumatic brain injuries sustained from professional football. The concussion litigation lawsuit alleged that the NFL was aware of the danger of repeated head trauma, but instead chose to conceal the dangers to players. As a result of the alleged concealments, players rushed back onto

Stop Post-Acquisition Disputes Before They Surface

Ryan D. Stretmater October 3, 2016

Perhaps you’ve heard this story before: A business owner closes on the sale of his or her lifelong business as the final step in a well-executed exit strategy. Before the celebration ends, unexpected post-acquisition disputes arise – often with the potential to send a significant portion of the financial payoff up in smoke. Experienced forensic accountants typically see two types

Zombie Trademarks: Undead Brands Unearthed

Z. Peter Sawicki and James L. Young October 2, 2016

October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”

The Evolution and Current Use of a Domestic Asset Protection Trust in Utah

Jonathan Hansen September 30, 2016

One of the powerful tools available to Utah estate planners is the domestic asset protection trust (DAPT). This article briefly explores what a DAPT is, how it differs from other irrevocable trusts, how it came to be in Utah and how to avoid common DAPT pitfalls in practice. What is a domestic asset protection trust? A DAPT is an irrevocable

The Hundred Years War: Payday Lending

Marc Dann September 28, 2016

The Hundred Years War between England and France is one of history’s most notorious conflicts. The war began in 1337, continued for 116 years – I’m assuming historians called it the Hundred Years War because that sounds better – and sowed death and destruction across Europe. Throughout the decades, one side claimed to have vanquished the other on numerous occasions,

Understanding the Extradition Process in Ohio

Eric Nemecek September 28, 2016

“In Ohio, the governor can request extradition of any fugitive arrested in a different state.” What is “extradition?” Extradition is the process by which an individual who is being held in one state is surrendered to another state (demanding state) in connection with separate criminal proceedings. If the individual is taken into custody in a separate state, the demanding state

There’s No Such Thing as a Stupid Idea

Nicole Fiorelli September 28, 2016

“Take just a few more minutes and a little closer look at what you come across in your day-to-day. It could be the next big, ‘stupid’ idea.” There’s no such thing as a stupid idea … or, as I like to say, “No judgments during brainstorming.” In the world of class actions, one well-executed idea can make an entire career.

10 Ways Employers Can Curb Intermittent FMLA Leave Abuse

Melissa Dials September 28, 2016

During this election season, the fact that the United States is the only developed country without paid family and medical leave has been a talking point for more than one candidate. Yet the prospect of mandatory paid leave can seem a bit daunting for employers who are still struggling to curb unpaid leave abuse. It’s undeniable that the Family Medical

Antenuptial Agreements in MN Divorces: Not a Vote of ‘No Confidence’

Kathleen Newman September 4, 2016

Historically, antenuptial agreements have been seen as the antithesis of romance. What could be less romantic than planning for an ending that could be less than happily ever after? However, with a divorce rate at nearly 50 percent for first marriages and 60 percent for second marriages, many people are reconsidering the use of antenuptial agreements as a way to

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