Powers of Attorney Are Best Left to Attorneys
avatar


Authored by , re: LAW RELATED ARTICLES, on .
Powers of Attorney Are Best Left to Attorneys | Michael J. Fedele

Many of the inquiries we receive involve Powers of Attorney (POA) — and many of these inquiries deal with the ramifications of Do-It-Yourself (DIY) templates found online. DIY Powers of Attorney generally do not work out well for the principal and agent. Problems occur when they are tendered to a financial institution, title company, or other entity and they refuse it for one reason or another.

Click here to read Michael J. Fedele's full article...

How to Talk to Your Spouse about a Collaborative Divorce
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .

At the beginning of each new year, many couples who have been contemplating divorce make a final decision to move forward and end their marriage. That decision was probably hard enough to come to. But there is one more important decision the two of you have to make — HOW will you divorce? What process will you use? You may have heard about the collaborative divorce process from friends, or colleagues, or just your own research online. It sounds exactly like what you need, but you’re not sure how to talk to your spouse about the idea. The one thing you don’t want to do is try and force your spouse to use the process. You don’t want him or her to enter the process under duress. Instead, you want to make sure that your spouse has the information he or she needs to properly consider this process.

Click here to read Andrea Vacca's entire article...

Thinking Around the Problem: Creative Solutions
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Thinking Around the Problem: Creative Solutions | Aimee B. Davis

{4:00 minutes to read} In December 2016, one deal consumed my attention. I had never sold a school before, but a trusted colleague convinced me to accept the engagement for that reason. Year-end deals are often challenging, but in this case, getting to closing presented some unique hurdles requiring creative solutions.

Click here to read Aimee B. Davis' full article...

Second Circuit Holds That Assignees Have Standing Under New York Law as Secured Creditors
avatar


Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
Second Circuit Holds That Assignees Have Standing Under New York Law as Secured Creditors | Michael L. Moskowitz

By Michael L. Moskowitz and Melissa A. Guseynov

In an unpublished opinion dated July 19, 2017, the Court of Appeals for the Second Circuit (“Second Circuit”) denied a petition for rehearing of a decision by the District Court for the Western District of New York granting standing of an assignee’s rights to enforce individual notes and mortgages. The Court affirmed, among other things, that commercial lenders that advanced money and obtained assignments to pay off the loans of a chapter 11 debtor from individual lenders were entitled to file proofs of secured claims in the debtor’s bankruptcy case, regardless of whether the assignments were properly transferred.  Arnold v. First Citizens National Bank, 2017 WL 3049414 (2d. Cir. July 19, 2017).

Click here to read Michael L. Moskowitz's full article...

Evolution in Our Revolution: The Changing Role of the Mental Health Professional in Collaborative Divorce
avatar


Authored by , re: Family & Divorce, on .
Evolution in Our Revolution: The Changing Role of the Mental Health Professional in Collaborative Divorce | Lauren Behrman

When our organization, the New York Association of Collaborative Professionals (NYACP) first grew out of the New York Collaborative Law Group, and incorporated mental health and financial professionals in addition to attorneys, we were committed to changing society’s adversarial divorce culture. Yet, we also had a bigger goal in mind: to change the way people resolved conflict—not only in family settings or divorce situations, but in all situations across the world.

Click here to read Lauren Behrman's full article...

The Prophets of Profit: How to Approach Sales with Rob Fishman
avatar


Authored by , re: MARKETING, on .
The Prophets of Profit: How to Approach Sales with Rob Fishman | Brian Califano

We had the honor of speaking with Rob Fishman, partner at Sandler Training of Hauppauge, a consulting firm that specializes in sales and sales management process improvement. The Sandler Selling System, with over 250 other affiliates worldwide, is a no-nonsense sales method that gets results and preserves the sales professional’s self-respect.

Click here to read Brian Califano's full article...

Don’t Get Stuck When You and Your Store Tenant Get Sued Because the Tenant Doesn’t Make his Space Accessible to Disabled People
avatar


Authored by , re: LAW RELATED ARTICLES, Real Estate, on .
Don’t Get Stuck When You and Your Store Tenant Get Sued Because the Tenant Doesn’t Make his Space Accessible to Disabled People | Andrew Weltchek

You own the building. Your lease might say that the store tenant has to pay for everything, including handicapped access. But the Americans with Disabilities Act makes both of you responsible and leaves it to the two of you to sort out the cost between yourselves. That’s why you have a lease, among other reasons.

Click here to read Andrew Weltchek's full article...

Getting Through vs. Getting Over: Why Mediation Is Your Best Bet
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
Getting Through vs. Getting Over: Why Mediation Is Your Best Bet | Ada Hasloecher

{3:48 minutes to read} First – let me wish you a happy, healthy, peaceful and prosperous New Year! For those of you beginning the New Year with a personal event that has you stymied and upset (a pending separation, perhaps?), I’d like to offer a perspective to consider. It’s the concept of getting through something rather than getting over it. When we find ourselves in a situation that we would rather not be in, a typical reaction is to hope for the best (and good luck with that!) and just get over it. If only it were that easy.

Click here to read Ada Hasloecher's full article...

Can Your Website Expose You to Liability?
avatar


Authored by , re: LAW RELATED ARTICLES, on .
Can Your Website Expose You to Liability? | Harlan Levine

{2:15 minutes to read} Having an online presence, including a user-friendly and ecommerce-ready website, is imperative if you have a product you wish to sell. An ecommerce-ready website can provide:

  • An awareness of products and services that you offer
  • The ability for customers to order product and have you fulfill that order, whether by delivery, pickup, or shipping
As the millennial population becomes more and more your target customer base, and millennials often do everything on their smartphones, I think it’s even more important to have an ecommerce-ready web presence.

Click here to read Harlan Levine's full article...

“AND” – One Little Word that Can Make a Big Difference
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
“AND” – One Little Word that Can Make a Big Difference | Susan Ingram

I’m going to share with you a simple tip that can significantly change the focus of your conversations and make them more productive. It has to do with the word “and.” By consciously choosing when and how you include “and” in your conversations, you can go from frustrating exchanges that don’t get anywhere to discussions that explore options and come up with viable solutions.

Click here to read Susan Ingram's full article...

‘til decorating do us part
avatar


Authored by , re: Family & Divorce, on .
‘til decorating do us part | Jennifer Safian

{2:54 minutes to read} Many of us may have heard of couples who buy and renovate beautiful new homes, only to find out months later that this same couple is separating. We ask ourselves why they would buy a new house when things were probably not going well between them. Why spend all that money just to end up getting separated soon thereafter?

Click here to read Jennifer Safian's full article...

Update on Divorce and Tax Law
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Update on Divorce and Tax Law | Deborah E. Kaminetzky

Now that the new tax law is official, this is what it means for divorcing couples:

First of all, alimony or maintenance as we call it in New York, will not be deductible by the payor for any agreement executed after December 31, 2018. Note that the divorce judgment does not need to be signed—only the agreement needs to be executed. This means that 2018 may be a very busy divorce year. People who have been thinking about it may be more likely to take action knowing that it may be more expensive later on.

Click here to read Deborah E. Kaminetzky's full article...

Appeal Bonds 101
avatar


Authored by , re: Business Development, on .
Appeal Bonds 101 | Neil Pedersen

In New York State’s court system, the prevailing party has the ability to execute on a judgment as soon as it has been entered by restraining assets and eventually seizing assets such as real property or bank accounts. The losing side can avoid having money restrained without their consent only by obtaining an appeal bond and filing a Notice of Appeal. The Stay is granted automatically pursuant to CPLR 5519 upon the filing of the Notice of Appeal together with an Appeal bond.

Click here to read Neil Pedersen's full article...

The More Affordable “Family Office”
avatar


Authored by , re: Elder Care, FINANCIAL ARTICLES, on .
The More Affordable “Family Office” | Peter Gordon

{3:00 minutes to read} Recently, I was referred by an attorney to a prospective client, Jane. She is helping her parents, who are both in their 90’s and live in an assisted living apartment. Jane coordinates their healthcare needs and pays their bills. Recently, her attorney applied for, and received, Community Medicaid. When receiving Community Medicaid you’re required to pay all the bills through a Pooled Income Trust, and while not exceedingly difficult, it involves a lot of bookkeeping and knowledge of the rules.

Click here to read Peter Gordon's full article...

The Prophets of Profit: One-on-one Meetings vs “The Triad” with Mark Taylor
avatar


Authored by , re: Business Development, Leadership, on .
The Prophets of Profit: One-on-one Meetings vs “The Triad” with Mark Taylor | Brian Califano

We had an insightful conversation with keynote speaker, leadership trainer, and organizational consultant, Mark Taylor. With a 35-year history of being an accomplished CEO and corporate executive, Mark runs five think tanks in Manhattan for Vistage International and delivers training and retreats for organizations that want to change their culture to create a high performance organization. He’s the author of The Leadership Field Manual: Exercises & Tools for Executing Culture Change. He is a member of the National Speakers Association (NSA), holds a BS and MBA, is a fellow at the Fair Institute of Performance Virtuosity, and is a certified organizational coach.

Click here to read Brian Califano's full article...

Autism Spectrum Disorder and Gastrointestinal Symptoms
avatar


Authored by , re: MENTAL HEALTH, Parenting, on .
Autism Spectrum Disorder and Gastrointestinal Symptoms | Joe Conlon

{2:00 minutes to read} There is an extensive array of symptoms in the digestive tract in patients with Autism Spectrum Disorder (ASD). A study of 500 ASD medical patients showed that chronic inflammation of the digestive tract was prevalent, including esophagitis, gastritis and enteritis inflammation. Additionally, other gastrointestinal symptoms were observed such as abdominal pain, gas, bloating, chronic diarrhea, loose stools, allergies and food intolerance.

Click here to read Joe Conlon's full article...

Where Business Leaders Get Stuck & How to Progress Onward
avatar


Authored by , re: Business Development, on .
Where Business Leaders Get Stuck & How to Progress Onward | Valerie Toscano

There's an old adage that says, “If it ain’t broke, don’t fix it.” This well-known phrase is poorly applied to business. What should a business owner do if the “it” is not broken per se, but merely status quo? Many small businesses can get stuck in old patterns that—at one point—were keys to success. While the initial game plan may have resulted in achieved goals, it may no longer lead to growth. Despite this, business owners struggle to embrace and implement new formulas.

Click here to read Valerie Toscano's full article...

Power of Attorney: The Basics
avatar


Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Power of Attorney: The Basics | Tom Sciacca

{Read in 6 minutes} A Power of Attorney is an important legal document that a person (called the Principal) can sign to appoint an Agent to manage the Principal’s financial affairs during the lifetime of the Principal. This is a simple but powerful legal document that can be used to greatly enhance the life of the Principal and ensure management of assets into old age and potential loss of capacity — but it can also be abused if the Principal chooses an Agent who doesn’t do their job faithfully and honestly.

Click here to read Tom Sciacca's full article...

All About the Surrogate’s Court
avatar


Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
All About the Surrogate’s Court | Tom Sciacca

{Read in 5 minutes} What is the New York State Surrogate’s Court? The Surrogate’s Court handles matters that affect almost everybody, but almost nobody can pin down exactly what it is except the attorneys who practice there. So I thought I’d take a minute to explain what the Surrogate’s Court does, and a little bit about what I do as a Surrogate’s Court litigator.

Click here to read Tom Sciacca's full article...

Your Trademark Application Was Rejected Due to Likelihood of Confusion. What Now?
avatar


Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Your Trademark Application Was Rejected Due to Likelihood of Confusion. What Now? | Pat Werschulz

As I’ve explained previously, most trademark applications go through the Trademark Office system without being rejected, unlike most patent applications. If you’re working with a trademark attorney, everything should go smoothly, because you’ve chosen your mark by working through the research results, making sure there is no likelihood of confusion with other marks. So if you are not working with a trademark attorney and you receive a rejection on your application, it really requires professional help.

Click here to read Pat Wershulz' full article...

Tips for Keeping the Kids out of the Conflict
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
Tips for Keeping the Kids out of the Conflict | Joy Rosenthal

"Why can’t my real mom and my foster mom get along?” Lakeisha asked, looking up at me. “Why can’t we all live together in a house so I can play with them both? When I’m with my foster mom I miss my real mom and want to go home. But then when I’m with my real mom I worry about my foster mom and wonder if she’s ok.” I was the lawyer for children in foster care for about 10 years, and this was typical of the questions I got from my young clients. It was a hard question to answer in any way that made sense to a child like Lakeisha. Many of the concerns held by children of divorce are much the same.

Click here to read Joy Rosenthal's full article...

2017 Year-End Tax Guide for Businesses
avatar


Authored by , re: FINANCIAL ARTICLES, on .
2017 Year-End Tax Guide for Businesses | Nadine Riley

*Due to the weekly changes and updates to the proposed tax law, some of this article’s content may have changed. Once the law is passed, we will update you.

{7:06 minutes to read} Now that each chamber of Congress has met, i.e. the House and the Senate, we now await the final verdict regarding how they will reconcile their differences and decide what will be the new tax law.

Click here to read Nadine Riley's full article...

New Year’s Resolutions for a Good Divorce and a Good Life
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
New Year's Resolutions for a Good Divorce and a Good Life | Eileen Coen

If you’re going through a divorce, the holiday season can be dreadful. It’s hard to celebrate when it feels like the world you once knew has tilted or spun out of control. There’s no question that your life is about to change in a big way. But there is a new year on the horizon! It’s a natural time to turn the page…and take steps to set your world right. So here are some ideas to inform your New Year’s resolutions for 2018.

Click here to read Eileen Coen's full article...