General Business Family Law

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Implementing Regulation B Spousal Signature Provisions

The Equal Credit Opportunity Act and its implementing rule, Regulation B, prohibit any creditor from discriminating based on sex or marital status, among other protected statuses. All the federal banking agencies are involved...more

Breaking Up is Hard to Do: Cohabitation Agreements Make it Easier

According to a U.S. Department of Health and Human Services report, more and more couples are choosing to live together – either in a premarital cohabitation arrangement, or in lieu of marriage altogether. ...more

Divorce – Impacting Your Meddlin Hands Partners!

To the other four minority owners who enjoyed the meteoric rise of Meddlin Hands Cleaning Products, when Lucy Knott sued their majority partner Tigh A. Knott for divorce, the divorce was anything but routine. Lucy wants half...more

MN Supreme Court: Creditors May Void Fraudulent Transfers of Assets in Uncontested Divorces

On July 9, 2014, in Citizens State Bank Norwood Young America v. Gordon Brown, et al., the Minnesota Supreme Court held that Minnesota's Uniform Fraudulent Transfer Act ("MUFTA") may be applied to transfers of assets made as...more

Reproductive Medicine

According to the American Society for Reproductive Medicine In 2010, 61,000 babies were born through assisted reproductive technology; a few State higher courts have addressed what happens to the frozen embryos once a couple...more

"Insights" Newsletter - Spring 2014

In this issue: - Supply Chain Finance as the "New Normal" - Consumer Financial Protection Bureau Implements Regulations for Covered Mortgage Loans - Arbitration Guidelines - Navigating Foreclosure...more

College Expense as “Child Support” Gets the Green Light from the California Court of Appeal

I am always amazed and a bit impressed by parents who, after a financially devastating divorce, want to find a way to pay for their child’s college education. In California, state mandated child support ends (except for...more

The Business of Divorce

Most people know that the divorce rate is quite high, with the fastest growing demographic for divorce being Baby Boomers. What many people may have not known is that last year, a report was issued by Babson and Baruch...more

California Court Issues Non-Competition Order

Covenants not to compete have been in legislative disfavor in California since 1872. This animus is currently codified at Section 16600 of the Business and Professions Code which provides that with certain statutory...more

Family Law: Corporate And Trust Challenges To Service Of Process And Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s...more

Divorces, Community Property and Patents — the Problem of the Ex-Spouse

Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her...more

Recent Developments in Tax Related Matters

June and July, 2013 have born a number of new developments relating to tax related matters. This article is designed to provide a synopsis of those that might be of interest to PK Law readers...more

Why Arizona Business Owners Need A Premarital Agreement

Arizona is a community property state which means all property acquired by either spouse during the marriage is, by statute, presumed to be community property. ...more

Governor Christie Signs Bill Strengthening the Enforceability of Premarital Agreements

Governor Chris Christie has signed a bill that amends both N.J.S.A § 37:2-38 and N.J.S.A § 37:2-32 to strengthen the enforceability of premarital agreements....more

Federal Law That Provides Death Benefits Be Paid To Named Beneficiary Pre-empts State Law

In Hillman v. Maretta (--- S.Ct. ----, U.S.Va., June 3, 2013), the United States Supreme Court considered whether a state law that provides death benefits from an insurance policy be paid to a current spouse, even if a prior...more

Should I Have A Premarital Agreement?

A prenuptial agreement is a binding legal document between a prospective husband and wife, which addresses the financial consequences of their marriage ending....more

How Your Company Can Benefit From an Asset Search

How Your Business or Company Can Benefit From an Asset Search It has become increasingly important over the past few years for businesses and companies to collect debts that are owed to them. The economy has been in poor...more

12 Things You Should Know About Private Adoptions In Utah

12 THINGS YOU SHOULD CONSIDER IN PRIVATE/INDEPENDENT UTAH ADOPTIONS: 1. Finding a birth mother: Paid facilitators are illegal in Utah. Only licensed agencies may be paid for matching services under Utah law. Even...more

What You Can Do with a Prenuptial Agreement

While the words prenuptial agreement can kill that pre-marriage romance, a prenup is smart financial planning. It is perhaps better thought of as a safety belt — when you ride in a car you don’t expect to get into an...more

Asset Searches and the Collection of Debt

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...more

Cohabitation Agreements

This past Sunday, the Los Angeles Times reported that a new study from the Centers for Disease Control and Prevention, based on the CDC’s National Survey of Family Growth, found that almost 50% of unmarried women are living...more

Argument Report: The Constitutional Implications of Advance Payment Retainers and Divorce Claw-Back

Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide...more

Lenders: Beware of the Arizona "Two-Dollar Bankruptcy"

Lenders commonly rely upon form documentation when making a loan, often assuming that the form complies with the ever-changing law governing the deal. As we all know, a mistake in documentation can result in serious...more

Putting Fault Back into Divorce, the Modern Anti-Cheating Clause

As reported in the news, Tiger Woods and Elin Nordegren might be reconciling. In 2009, the relationship made headlines when the National Enquirer reported that Tiger was cheating. Two days later, the police were called to...more

Share Of Appreciation Not Granted In Prenuptial Agreement

A recent Florida appellate court decision provides a drafting lesson in prenuptial agreements - if a spouse is to receive an interest in appreciation in an asset, the agreement should be specific on that....more

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