April 2011 Blog Articles (4)

Refinance Quitclaim Blues – Cured by Borghi? - By Douglas Becker

It’s an issue every family law attorney and mediator has seen: one spouse owns a separate property house, but sometime during the marriage the couple refinances and in their pile of closing papers is a quitclaim deed that transfers title to the couple. Fast-forward to the divorce and the question is: whose house is it?

 

          Back in the days when appellate courts thought trial judges had brains and divorces were equitable proceedings, this was a discretionary call. Then,…

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Added by Web Admin on April 29, 2011 at 12:30pm — No Comments

Securities Arbitration - By Marya M. Santor

Billions of dollars are traded by millions of people in the securities industry each year, and each year there are winners and losers.  Unfortunately, in recent years there have been infinitely more losers than winners.  The inevitable disputes that arise when investors lose money in the stock market must be carefully evaluated to sort out those investors with legitimate claims from those who simply rolled the dice in the market and now have to hope it goes back up before they…

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Added by Web Admin on April 29, 2011 at 12:00pm — No Comments

The Uniform Collaborative Law Act

The Uniform Collaborative Law Act, adopted unanimously by the Uniform Law Commission, was poised for consideration by the ABA House of Delegates at its February 2010 meeting.  It was withdrawn however, due to some opposition.  In Washington, supporters of the uniform Act have picked up the pace.  The WSBA ADR Executive Committee endorsed the Act and has requested that the WSBA Legislative Committee review the Act with a view to recommending its sponsorship by the WSBA. The WSBA recently…

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Added by Web Admin on April 29, 2011 at 12:00pm — No Comments

Arbitration Fairness Act

The Arbitration Fairness Act of 2009 is pending in both the Senate and the House. S931 is in the Senate Judiciary Committee and HR1020 is pending in the Commercial and Administrative Law Subcommittee of the House Committee on the Judiciary.

The Act, if passed, would overturn the 5-4 Supreme Court decision in 14 PENN PLAZA LLC v. PYETT, 556 U.S. ___ (2009), 129 S. Ct. 1456,  upholding arbitration clauses in collective bargaining agreement employment contracts waiving an…

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Added by Web Admin on April 29, 2011 at 12:00pm — No Comments

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