a painful plea from a child of divorce
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
a painful plea from a child of divorce | Jennifer Safian

{4:24 minutes to read} Many couples going through divorce have to make huge efforts to protect their children from their conflict. Unfortunately, once in awhile, the stress is so high that their emotions get the better part of them, and the child gets pulled into their drama. I worked with a family who unfortunately continued to have financial issues after their divorce. They shared with me a letter that their son sent to them from college, begging them to stop their bitter arguments against each other. As you will see, he was willing to sacrifice his education for a cheaper alternative, just to end their conflict.

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

LI2day is Helping Make Great Strides!
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Authored by , re: Leadership, Miscellaneous, on .
LI2day is Helping Make Great Strides! | Howard Raphaelson

Our run on Saturday, August 20, named in honor of Andrew Levine's mother and sponsored by the firm, was a huge success! A beautiful day was enjoyed by more than 650 people, which made it the largest attended 5K Charity Run in New York this year. What a great honor and privilege for the firm and the Levine family to be part of this great organization and to have this run named in the honor of Bonnie Levine. The LI2day is helping make great strides in the fight against breast cancer and in supporting individuals and families that are affected.

Click here to read Howard Raphaelson's full article...

Who’d Have Thought
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Authored by , re: Elder Care, MEDIATION, on .
Who'd Have Thought - Sig Cohen, Tough Conversations

As elder and adult family mediators, we keep learning about (not-so-new) legislation, court settlements, and resources that may pleasantly surprise many elders and their family members. Here are three that may benefit you, a loved one, or someone you support.

  1. Medicaid is Not a Single Program
Many, including myself, thought that Medicaid covers only nursing home care for low- and no-income individuals who financially qualify for the benefit. Not so.

Click Here to Read Sig Cohen's full article...

Commercial Mediation: What’s Your Bottom Line?
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Commercial Mediation: What’s Your Bottom Line? | Gary Shaffer

{3:06 minutes to read} When, if ever, do you let a mediator know your bottom line? There are three answers to this question:

  1. Never.
  2. When you say, “Okay, we can settle for that.”
  3. When it’s 6:30 p.m., and you (or your attorney or your client) have a 7:30 train to make. You know you’re pretty close to an agreement, and walking away now is painful given the time and money you’ve spent at the mediation. You don’t want to leave with the case unresolved, especially since you’ll have to wake up in the morning, and probably for quite a while, with the case still around.

Click here to read Gary Shaffer's full article...

Retail Prison: You Have More Rights than You May Be Led to Believe
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Authored by , re: Criminal Defense, on .
Retail Prison: You Have More Rights than You May Be Led to Believe | Saul Bienenfeld

When shoplifting is suspected, retail stores have the right to hold, investigate, and search the accused person. With the looming threat of costly civil penalties, many retail stores coerce the accused shoplifters into signing confessions and paying monetary damages—a practice that treads a thin line between permissible and impermissible behavior. In a recent decision, Judge Manuel Mendez of the New York Supreme Court has granted a preliminary injunction against Macy’s—the large retail magnate—on behalf of a person who sued the chain for false arrest and abuse of process.

Click here to read Saul Bienenfeld's full article...

Parenting for Transparency
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Authored by , re: Family, MENTAL HEALTH, Parenting, on .
Parenting for Transparency | David Zerella

{3:00 minutes to read} I provide therapy for many teenagers and their families who are dealing with a wide array of diagnoses and clinical issues—from oppositional defiance to anxiety to familial challenges and transition. In my practice, I emphasize family attendance and participation in order to maximize transparency.

Transparency is developing an open, honest relationship between parents and children in which conflict is not avoided but discussed candidly. As with all of my work, unconditional self esteem is the cornerstone for successful transparency. Therefore, I help families to understand and remind each other that, although they may not like one another’s behavior, they can still accept (love) each other.

Click here to read David Zerella's full article...

Payoff Letters: The Newest FDCPA Landmines
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Authored by , re: REAL ESTATE ARTICLES, on .
Payoff Letters: The Newest FDCPA Landmines | Peter Roach

On December 3, 2015, the United States Court of Appeals, 11th Circuit, decided the case of Kevin Prescott v. Seterus, Inc., 635 Fed. Appx. 640, 2015 U.S. App. LEXIS 20934 (11th Cir. Fla. 2015) and held that the inclusion of estimates or anticipated costs that have not yet been incurred, in a payoff or reinstatement letter, is a violation of the FDCPA. In this case, the mortgagor, Kevin Prescott, defaulted and thereafter requested a reinstatement letter.

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

Keeping an Open Mind in the Rental Market
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Authored by , re: Real Estate, on .
Keeping an Open Mind in the Rental Market | George Grace

It’s a presidential election year, and while that often has implications for markets, it is also a useful insight into people’s thinking. Politics engenders passion, so what we often see are people entrenched in their positions—sometimes while ignoring potentially important points of view. Businesses that are looking for commercial office space can also exhibit this lack of objectivity, but instead of political candidates, they are often dead set on a particular building or neighborhood.

Click here to read George Grace's full article....

Fox vs Ailes: How Would Your Employment Agreement Stand Up?
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Authored by , re: Business Development, on .
Fox vs Ailes: How Would Your Employment Agreement Stand Up? | Alan Krystal

{3:30 minutes to read} In one of the more high-profile, recent harassment claims, former Fox News Network anchor Gretchen Carlson filed a complaint in Bergen County Superior Court in New Jersey against former FOX news CEO, Roger Ailes, alleging that her employment was adversely affected and ultimately terminated because she had rebuffed Ailes’ sexual advances. Although Carlson was terminated by Fox News, she did not sue Fox News Network but instead named Ailes as the sole defendant.

Click here to read Alan Krystal's full article...

The Importance of Maintaining a Special Needs Plan
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Authored by , re: Trusts, Estates & Elder law, on .
The Importance of Maintaining a Special Needs Plan | Ronald A. Fatoullah

By Ronald A. Fatoullah, Esq. and Eva Schwechter, J.D.

{4:31 minutes to read} Anyone who has a family member or loved one with special needs can appreciate the importance of meeting with an attorney and establishing an appropriate plan. However, as we all know, circumstances change! It is also important to stay in close contact with your attorney throughout your life. In case you haven’t thought of checking in with your special needs planner in a while, here are five events that should trigger an immediate call to your attorney.

Click here to read Ronald Fatoullah's full article...

Can’t We Disagree Without Being Disagreeable?
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Authored by , re: Family & Divorce, on .
Can’t We Disagree Without Being Disagreeable? | Daniel Burns

{3:24 minutes to read} Like most people, I was deeply saddened by the events that occurred in Orlando in June, when a madman killed 50 innocent people at a nightclub. Shortly after this tragedy, someone sent a letter to the editor of my local newspaper saying that anyone who does not believe in greater gun control is stupid! The next day the same newspaper printed a response from someone saying that anyone who wanted greater gun control was crazy!

Click here to read Daniel R. Burns' full article...

Safeguarding Your Will and Estate Plan from Legal Challenges
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Authored by , re: Trusts, Estates & Elder law, on .
Safeguarding Your Will and Estate Plan from Legal Challenges | Vincent J. Russo

A recent meeting with one of my clients caused me to think about what it means to contest a will. Some people have misconceptions about who can mount a challenge to a person’s will or estate plan, and how those documents can be protected from such a challenge. Only spouses and children (known as legal heirs) have the right to challenge a will or estate plan under New York law.

Click here to read Vincent J. Russo & Associates full article...

When Is Cheating Not Cheating? …. NEVER!
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Authored by , re: Miscellaneous, on .
When Is Cheating Not Cheating? …. NEVER! | Ada Hasloecher

{4:30 minutes to read} Cheat: The act of deceiving or swindling; deception; fraud; To deal with dishonestly for one’s own gain. So states Webster’s New World Dictionary. This is the first year that I may “sit out” the Olympics. I’m truly, truly sad about it. For as long as I can remember, I have never missed a single one of either the summer or winter games.

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

Atlantic v. Reddit: A Principled Stance or a Fool’s Errand?
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Atlantic v. Reddit: A Principled Stance or a Fool’s Errand?| Mark Kaufman

Atlantic Recording Corp. has filed a petition in the New York State Supreme Court seeking to compel the internet message board Reddit to reveal who posted a link that directed the user to a pirated version of a song that hadn’t been released yet. The recording is named “Heathens,” performed by a hip-hop duo named 21 Pilots, and is part of the soundtrack to the movie Suicide Squad. According to the papers Atlantic filed with the court, the leak resulted in substantial damages, because Atlantic was no longer able to execute its strategic promotional prerelease and, as a result, suffered a loss of sales. The filing seeks permission to subpoena Reddit in order to determine the IP address of the user who leaked the song. Atlantic argued that Reddit is the only entity that can tell who posted the link.

Click here to read Mark Kaufman's full article here...

How We Determine Permanent Spousal Support
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Authored by , re: Family & Divorce, on .
How We Determine Permanent Spousal Support | ANEW Divorce Planning

{2:54 minutes to read} A contentious area in most divorce proceedings has to do with spousal support. Naturally, one spouse will want more than the other feels is equitable. Like everything else in divorce, the more time spent arguing over this means more money lost. Many times, as Certified Divorce Financial AnalystsⓇ (CDFA), our job in working with clients in this area is to help them separate from their emotional state long enough to objectively look at the numbers and come up with a compelling, rational and equitable spousal support request.

Click here to read ANEW Divorce Planning's full article... 

Want Your Work to Feel Like Play?
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Authored by , re: Miscellaneous, on .
Want Your Work to Feel Like Play? | Aimee B. Davis

{3:30 minutes to read} Recently, a number of people have asked us, “Where do you get the majority of your referrals?” This is a difficult question to answer. However, relationship building is the key to having a successful solo practice. Referrals come from all walks of life, including professional colleagues (current and former), as well as from friends.

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

 

The Importance of Empathy
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Authored by , re: Family & Divorce, on .
 The Importance of Empathy | Susan Ingram

{3:54 minutes to read} In my last blog, entitled Whatever Happened to Civility, I discussed some of the basic tenets that hopefully form the framework of our relationships with others. These include: Acknowledging others; Listening; Respecting others; Being inclusive; Accepting and giving praise; and Speaking kindly.

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

DHS Takes First Step Towards Using Social Media to Investigate Applicants for Entry to U.S.
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Authored by , re: Immigration law, LAW RELATED ARTICLES, on .
DHS Takes First Step Towards Using Social Media to Investigate Applicants for Entry to U.S. | Claudia Slovinsky

{7 minutes to read} The Department of Homeland Security (DHS) has proposed a regulation aimed at broadening its authority to gather information about immigrants’ social media presence. The proposal is to add the following question to the I-94W (Nonimmigrant Visa Waiver Arrival/Departure Record) and the Electronic System for Travel Authorization (ESTA), both of which are required to be completed by travelers under the Visa Waiver Program prior to being admitted into the US. (The Visa Waiver Program allows citizens or nationals of 38 participating countries to travel to the United States for tourism or business stays of 90 days or less, without first obtaining a visa.)

Click here to read Claudia Slovinsky's full article...

When It Comes to Marital Assets, Pensions are Different
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
When It Comes to Marital Assets, Pensions are Different | Clare Piro

{3:30 minutes to read} When I began practicing family law, one of the first lessons I learned was that clients do not consider all assets the same. The one asset that consistently holds a very special place in the heart of a client is a pension. Clients express feeling a different sense of entitlement to their pension because:

  • They performed at a job where their lives, health and safety were placed in jeopardy;
  • They may have taken less in salary for the assurance of a pension in retirement;
  • They worked very hard for this particular asset, and the other spouse did not.

Click here to read Clare Piro's article...

Is Funeral PrePlanning Right for Me?
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Authored by , re: Healthcare Management, on .
Is Funeral PrePlanning Right for Me? | Rebecca Eddy

{3:25 minutes to read} Below are a few common situations and resulting questions that seniors and their loved ones encounter:

  • George is getting older in years, and his few heirs don’t have much money. How will they pay for his funeral before George’s money gets put into an estate account?
  • Barry is in hospice at home and his wife is elderly. How can his funeral plans be pre-arranged so that Barry’s wife can be freed up to focus on her family and friends at that time?

Click here to read Rebecca Eddy's full article...

CREDITORS TAKE NOTICE: Filing of Stale Claim in a Bankruptcy Case May Not Violate the Fair Debt Collection Practices Act
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Authored by , re: Bankruptcy & Credit, on .
CREDITORS TAKE NOTICE: Filing of Stale Claim in a Bankruptcy Case May Not Violate the Fair Debt Collection Practices Act | Michael L. Moskowitz

In a recent decision out of the United States Bankruptcy Court for the Northern District of Illinois, Judge Benjamin Goldgar dismissed Debtor’s adversary proceeding complaint in which the debtor alleged the debt collector violated the Fair Debt Collection Practices Act (“FDCPA”) by merely filing a proof of claim.  In re Murff, 2015 WL 3690994 (Bankr. N.D. Ill. June 15, 2015).

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

Being the Lawyer Clients Need—But Think They Do Not Want
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .

As a mediator and collaborative lawyer, I attract clients whose main priority is to come to an amicable agreement. What I want them to understand is that an amicable agreement does equal a vague agreement. We need to balance the desire for an amicable divorce negotiation with the need to create an agreement that will allow the couple to live amicably long after the divorce is finalized. Divorce agreements are living documents; my clients are going to keep it alive by turning to it for answers, well into the foreseeable future. A good agreement is therefore a durable agreement.

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

You Can Do War, or You Can Do Peace, But You Can’t Do Both at the Same Time
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Authored by , re: Family & Divorce, on .
You Can Do War, or You Can Do Peace, But You Can’t Do Both at the Same Time | Laura Bonarrigo

You have to admire parents and couples who make it through a divorce without an enormous amount of animosity or financial ruin. I often wonder if they’re superhuman or something! They’re the ones who still have holidays together or cry when they sign their decrees. It’s heartwarming and makes me believe in hope and to have faith in relationships and mankind and all those higher values and aspirations.

Click here to read Laura Bonarrigo's full article...

Scaling Up for the Solo Practitioner
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Authored by , re: Business Development, on .
Woman in home office with computer and paperwork smiling

Going to networking events takes time, but the rewards of meeting new people include learning about great “inside information” for free. At a recent Around the Horn session, a participant received heaps of good advice from experts in their fields. Question: What is the best way for a solo practitioner to scale up?  More than one person suggested delegating: look for activities that you’d be comfortable giving to a junior person.

Click here to read Dave Bresler's full article...

How Enforceable Is Your Divorce Agreement?
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Authored by , re: Family & Divorce, on .
How Enforceable Is Your Divorce Agreement? | Cheryl Stein

The agreement is finally signed. The ink is drying. The divorcing parties want to let out a big sigh that it’s finally over. But is it?

Last month, I wrote that there is no such thing as a gentleman’s agreement, but what about when you have a signed and duly acknowledged agreement?

Good lawyering is, among other things, the art of utilizing words in the most poignant and effective manner. Words, sentences, and terms are carefully calibrated; their misuse can have a deleterious effect. Every word present can count. Every word missing can count. Details matter!

Click here to read Cheryl Stein's full article...

Design Patents: Form, Not Function
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Design Patents: Form, Not Function| Pat Werschulz

{4:10 minutes to read} A good design patent can be asserted in court and can protect a product. In previous blog posts, I’ve talked a lot about utility patents. Today, I’ll talk about design patents. Some of the laws and regulations that apply to utility patents also apply to design patents—but in many ways, design patents are unique unto themselves. Conceptually, it’s hard for people to wrap their brains around the difference between a utility patent and a design patent.

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

Need a Brush-Up on Writing Click-Worthy Blog Titles?
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Authored by , re: Business Development, on .
Need a Brush-Up on Writing Click-Worthy Blog Titles? | Mark Bullock & Melody Spencer

{0:35 minutes to read} When you’re sifting through titles—whether in your inbox, on Facebook, on LinkedIn, or on other social media platforms—what catches your eye? What garners enough interest for you to click through and read?

I think sometimes we forget the importance of presenting information as newspapers have done for decades: in compelling ways, in very short phrases, up front, and which compel people to take the next step, click through and read.

Click here to read Mark Bullock's full article...

Goodbye to Prince—and a Chunk of His Estate
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Authored by , re: FINANCIAL ARTICLES, Financial Planning & Insurance, on .
Goodbye to Prince—and a Chunk of His Estate|Michael Fliegelman

{3:06 minutes to read} On April 21, Prince (Rogers Nelson) died, leaving a $250 million estate. Because there was no will and no proactive estate plan, within 9 months Prince’s estate will have to come up with about $100,000,000 in estate taxes. A couple of years ago, actor James Gandolfini passed away, leaving an estate of $90 million to his daughter. Gandolfini’s daughter was also on the hook for a huge chunk of her father’s estate to pay the estate taxes. Whether James Gandolfini or Prince, there is a pattern here. It seems that many people just don’t take advantage of all the ways at their disposal for eliminating estate taxes. Many times when this happens, the estate doesn’t have adequate liquidity to pay the tax, so not only is the tax a huge amount, but often it is necessary to liquidate assets, such as real estate, businesses, royalties, etc., which can cause an additional onslaught of problems.

Click here to read Michael Fliegelman's full article...