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February 5, 2012 By Matthew R. Mendelsohn, Attorney at Law - Mazie Slater Katz & Freeman, LLC
Under premises liability law, property owners have a legal obligation to maintain their property and keep it safe for visitors. When a visitor is injured on someone else’s property, they may have a right to pursue damages in a personal injury claim.
Repurchase & Buyback Demands, Representations and Warranties Claims in Residential Mortgage-Backed Securities
February 5, 2012 By Don Coker
Former high-level banking executive, high-level banking regulator, consultant to over 75 banks, and renowned nationwide banking expert witness Don Coker explains some important factors in banking, mortgage banking, and mortgage-backed securities litigation involving repurchase and buyback demands based upon alleged breach of representation and warranty claims contained in the documents creating the business relationship between the mortgage loan originator and the purchasing lender or investor.
In this article #2, I explain how you use equity plans, that is, stock option plans and restricted stock plans to reward and encourage your employees. Equity means stock or ownership, so with an equity plan you give ownership in the company to the employees. This article applies to both stock option plans and restricted stock plans.
Overview of article series on Stock Option Plans, Restricted Stock, Phantom Stock and Other Incentive Plans for Closely Held Businesses. Article #1 – Overview - This series of articles explains how restricted stock, stock options, cash plans, phantom stock and stock appreciation rights really work for closely held companies, and what their real value is for the company and the employee.
You need to know how to bring in a new shareholder or partner to help run your business. If you're the new partner, you need to know what's at stake when you step into the business. When I speak of a "partner," I mean a partner in the non-legal sense, that is, the incoming doctor, dentist, chiropractor, software writer or other professional who will directly service clients on a full-time basis.
In a compensation structure, the tension is between salary and productivity payments. Both have their pluses and minuses. On the positive side of the ledger, salaries create team spirit, while productivity payments give incentive to work. As for the negatives, a compensation structure that is heavy on salary leads to freeloading. Why work so hard if either way you’ll get paid the same?
Cruel and Inhuman Treatment - this breaks down into either physical cruelty or mental cruelty. Mental cruelty requires a course of conduct likely to have physical manifestations and physical affects upon the innocent spouse. (New York Domestic Relations Law, Section 170.1)
Parenting agreements or as they are sometimes referred to as a parenting plan can be helpful in dealing with issues your children will face in the future. During the process of developing the parenting agreement you must think about all of the issues involving your children's lives. In the event of a divorce, issues involving your children will be extremely important to you.
There was a case called Majauskas v. Majauskas in New York State. This case set the standard for the division for all types of retirement plans. The Majauskas formula regarding the division of Retirement Plans as follows: Retirement plans of all types and nature including but not limited to 401 k plans, 403 b plans, IRA's, pension plans, profit sharing plans and all other retirement compensation plans are equitable distributed in a divorce.
If child custody and/or visitation arrangements have not worked out, the non- custodial parent can bring an application to either the Family Court or Supreme Court to modify the child custody arrangements (if the parties have remarried). Men often do poorly when dealing with the Family Court or the Supreme Court in child custody and visitation matters.