Mediation: When “Lawyering Up” May Result in “Lawyering Down”
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Mediation: When “Lawyering Up” May Result in “Lawyering Down” | Sandy Balick

{5:24 minutes to read} Noting that, especially recently, even lawyers have been “lawyering up” (at least in our nation’s capital), Wall Street Journal columnist Ben Zimmer (June 24, 2017) set out to trace the origins of the phrase. The columnist traces the phrase “lawyering up” to the popular TV program NYPD Blue and, more directly, to an ex-cop writer for the show, Bill Clark. “Lawyer up” was familiar police vernacular to the detective-turned-writer. For present purposes, let’s just say the phrase signals a girding to do battle in a legal forum. As to its full, police-speak aspect, the whole article is worth your attention.

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How I Practice: An Interview with the New York State Bar Association
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Authored by , re: Business Law, Family & Divorce, LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
How I Practice: An Interview with the New York State Bar Association | Deborah E. Kaminetzky

I am very honored to have had the opportunity to sit down with the New York State Bar Association and share how I practice law and organize my business. NYSBA has wonderful resources on their site, including the How I Practice section, which offers tips, tricks, and lessons to other attorneys.

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

Mediation and the Japanese Art of Kintsugi
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Authored by , re: Family & Divorce, MEDIATION, on .
Mediation and the Japanese Art of Kintsugi | Susan Ingram

{2:30 minutes to read}  Kintsugi is a centuries-old Japanese master craft for repairing broken pottery with lacquer mixed with powdered gold. If you’ve ever been to a museum exhibit of old Japanese ceramics, you may have noticed the patterns of gold veins that run through some of the pieces. These pieces had been broken at some point, and the gold clearly shows where the repairs had been made as the master craftsman put the piece back together again.

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Virtual Reality: Is It a Substitute for the Real Thing or Just a Novelty?
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Authored by , re: TECHNOLOGY, on .
Virtual Reality: Is It a Substitute for the Real Thing or Just a Novelty? | Aimee B. Davis

{3:48 minutes to read}  July 1st, 2017: The day I experienced virtual reality. As a telecom and new media attorney, I was first introduced to augmented reality (AR) nearly five years ago. In negotiating Non-Disclosure Agreements relating to this new technology, I understood that AR eyewear and similar devices could alter and/or enhance our visual experience. Interesting concept, right?

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Helpful Guidelines to Follow in Mediation
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Helpful Guidelines to Follow in Mediation | Clare Piro

{3:54 minutes to read} After working with a couple who had particularly good communication skills and consequently had achieved an agreement with relative ease, I gave some thought as to how this couple was different from some of my other clients. And then I remembered that, following the first 100 days of the new administration, my friend and fellow mediator, Ada Hasloecher, posted five lessons for parties in mediation. I decided I couldn’t do it any better myself, so with her permission, I am reprinting her post. Thank you, Ada!

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Post-Divorce Parenting Communication: What you say, and how you say it, really matters to your children
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Post-Divorce Parenting Communication: What you say, and how you say it, really matters to your children | Lauren Behrman

Even though you may be divorcing, you are always going to be a family for your children.

If all goes according to plan, your future could include grandparenthood together. In the routine course of your children’s lives, there will be special moments (and probably some scary moments) that you’ll share with your parenting partner, including but not limited to: bar mitzvahs, confirmations or first communions, little league games, graduations, and perhaps the occasional wisdom tooth extraction or ER visit.

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Vacation? I Just Took a Trip Down Memory Lane!
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Authored by , re: MEDIATION, on .
 Vacation? I Just Took a Trip Down Memory Lane! | Ada Hasloecher

{3:18 minutes to read} August is a big vacation month. The arc of the summer is waning; summer camp is ending. The kids are getting ready to go back to college, and the “back to school” commercials are blasting us already — rushing us to September. It’s a kind of a “now or never” chance to take that vacation/stay-cation, relax, and take a deep breath before autumn’s call to “back to everything….” begins.

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Think Before Delving into a Side Business
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Think Before Delving into a Side Business | Harlan Levine

{2 minutes to read} In addition to their core businesses, many entrepreneurs delve into side ventures. The reasons for doing so vary as much as the individuals themselves and include:

  • A means of supplementing one’s income;
  • Boredom, after several years in their core business;
  • Diversification to mitigate risk; and
  • The desire to keep up with others and maintain status in their community – often a “grass is greener” mentality.
In many cases, increased regulations have taken the fun and financial “gravy” out of their current businesses. The cost of compliance has become so burdensome that entrepreneurs begin to wonder why they are working so hard without the upside they envisioned would make it all worthwhile.

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Don’t Go Postal! Protect Yourself From Postal Scams
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Authored by , re: Elder Care, on .

{2 minutes to read} A notice flashing across the electronic bulletin board of my mother’s building the other day caught my attention. The author of that notice stated that he had mailed payments for bills at a mailbox on Broadway and East 10th Street and that those envelopes were literally fished out of the mailbox.

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Blaming Your Spouse for Ending the Marriage Can Be a Critical Mistake
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Authored by , re: Family & Divorce, on .

{1:43 minutes to read} When Hank and Wendy first came to me to help mediate their divorce, Wendy reported that it was Hank that wanted to end the marriage. He had moved out of the house they shared with their two children and had moved in with his girlfriend.

During the mediation session, Wendy stated on several occasions that it did not feel fair to her that she had to sell her house and not provide their children with everything they had before Hank left the house. Since he was the one that had decided to end the marriage, Wendy blamed Hank and felt that he should suffer all of the consequences and that her life should not have to change.

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

Happy to Announce…
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Happy to Announce…  |  Rachel Alexander

{3:12 minutes to read} I am pleased to announce that on June 22, 2017, I became of counsel to the firm Gruber, Colabella, Liuzza and Thompson. This is the culmination of a long relationship with the first named partners, Mark Gruber, Esq. and Chris Colabella, Esq., who have been my go-to people since I began in the field almost ten years ago.

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Cybersquatter Gets Swatted Down
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Cybersquatter Gets Swatted Down | Mark Kaufman

They said it couldn’t be done, but Kaufman & Kahn recently not only won summary judgment against a prolific cyber-squatter, but also won an award of statutory damages and attorney’s fees. Gregory Ricks, a renowned cyber-squatter, had registered the domain name justbulbs.com, and he’d done that because, frankly, my client named JUST BULBS had failed to renew it. So arbitration was commenced.

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What is a QDRO?
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What is a QDRO? | Deborah E. Kaminetzky

A QDRO is a qualified domestic relations order. This is an order regarding retirement accounts. In a divorce, retirement accounts are frequently the subject of equitable distribution. Each party would be entitled to their marital share of the other’s retirement accounts. An evaluation is performed using what is known as the Majauskas formula. This formula is from a landmark case. Majauskas versus Majauskas. The formula determines which portion of the retirement account is marital and which is not. It also determines (depending on the length of the marriage) to how much each spouse is entitled.

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Need Help with a Trademark? Consult a Law Student!
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Need Help with a Trademark? Consult a Law Student! | Pat Werschulz

In the past, we’ve talked about the patent pro Bono program. This program offers assistance to individuals who have inventions that may be patentable, but can’t afford an attorney. It’s sponsored by the United States Patent and Trademark Office (USPTO) and administered locally. Generally, you must have a low income.  You can learn more about that program on the USPTO’s website here. There are several other programs that the USPTO is involved in that are available to those looking for help with intellectual property, but I want to talk about something a little different. You may not be able to afford an attorney, but qualify for pro bono assistance. And that’s where the USPTO’s Law School Clinical Certification Program comes in.

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Appealing to the Highest Court in New York State? There’s a Specific Process to Follow
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Appealing to the Highest Court in New York State? There’s a Specific Process to Follow | Liza Bobo

{1:58 minutes to read} An appeal is sought when you are dissatisfied with an order, judgment, or decision received in the Appellate Division’s First, Second, Third and Fourth Departments.

In New York State, if you are dissatisfied with the decision from the Appellate Division, you may appeal to the New York State Court of Appeals, which is the State’s highest court. For the purpose of today’s blog, we will discuss making an application via motion[1] for permission to appeal to the Court of Appeals. And if the motion is granted, preparing a Record on Appeal.

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should we provide answers or ask questions?
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should we provide answers or ask questions? | Jennifer Safian

{2:24 minutes to read} Have you been in situations where people have asked what you think they should do? They probably see you as someone who has experience and whose advice they most likely trust. As the professional or as the friend, you may feel good that someone in need is coming to you for professional or friendly advice. The temptation is to share your experience with them and give them a solution. However, that knowledge or personal experience might be even more beneficial if you ask questions rather than giving out answers. It will take a little more effort on your part, but it’s well worth it to those you are trying to help.

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Moving Out?
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Moving Out? | Joy Rosenthal

New York City is a notoriously expensive place to live. Its housing market can create unique opportunities and challenges for couples who are getting divorced. This may come up when a couple is living in an apartment that is rented below market rate — the spouse who is moving out will have to pay a much higher rent and therefore might need more cash to meet the monthly budget. It is always a challenge to stretch a budget over two homes!

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Six Opinionated People: a Look at Probate Juries
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Six Opinionated People: a Look at Probate Juries | Tom Sciacca

{Read in 8 minutes} To start with, the title of this article is misleading: it is my clumsy attempt at a pun on the famous movie about the way a jury decides a criminal case called Twelve Angry Men. Why am I bringing this up and making sloppy puns here in my blog? Because I wanted to talk a little bit about the role of the jury in a Will contest. As a litigator (attorney who litigates disputes in Court), the mindset of a jury is of tantamount importance to me.

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Letting Go: How Forgiving Others is a Gift to Yourself
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Letting Go: How Forgiving Others is a Gift to Yourself | Fabienne Swartz

{2:06 minutes to read} Recently I was talking to someone who was having an emotional couple of weeks. After listening to her for some time, I saw something that I see often in people: not being able to let go and forgive.

Forgiveness doesn’t mean surrender and it doesn’t mean condoning. In fact, it has very little to do with the other person at all; it’s about you being comfortable with your own situation, even if you would have preferred for it to go differently. At the end of the day, the other person doesn’t get any benefit from it. The benefit is only to you.

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Will Nesting Work for Us?
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Will Nesting Work for Us? | Clare Piro

{4:24 minutes to read} Nesting is a shared parenting concept that allows the children to stay in the marital home while the parents go back and forth. The idea is that the children will be able to remain in one familiar place, have no concerns about where they are on what day or what they need to take with them. Typically, parents who choose this will be sharing time in the home with the children on an equal basis. To see if this might work for you, consider the following: Long Term or Short Term? My experience has been working with clients who have agreed to do this on a short-term basis for the following reasons:

  • Wanting to separate now, but unsure where each wants to live.
  • Waiting to place the marital home on the market or waiting for a sale.
  • Giving it a year for the children to adjust to not being with either parent full time.

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Elder Law and Personal Injury Actions
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Authored by , re: Elder Care, on .
Elder Law and Personal Injury Actions | Ronald A. Fatoullah

By Ronald A. Fatoullah, Esq. and Debby Rosenfeld, Esq.

{4:00 minutes to read} Several years ago, Mrs. Flower entered a nursing home because she could no longer care for herself in the community. At the time, she was in her early 90s and had basically gone through most of her assets. The nursing home administration applied for Medicaid on her behalf in order to cover the cost of her long term care. It was a very straightforward case because she was essentially eligible for Medicaid from the get-go. Medicaid is a means-tested program; it will cover the cost of an individual’s long term care provided such person’s assets do not exceed a certain amount. In 2017, one cannot own more than $14,850 in non-exempt assets.

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And The Winner is…
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Authored by , re: Design, on .
And The Winner is… | Matt Williamson

{2:12 minutes to read} Design for Leisure has been involved with numerous projects, in both the hotel and spa industry, that have been recognized worldwide. Two of the latest projects to receive awards are the Tierra Santa Healing House at the acclaimed Faena Hotel in Miami Beach, FL, and the Zemi Thai House at the Zemi Beach House Resort in Anguilla. Both properties are being acknowledged for the hamams designed and built by DFL. Faena Miami Beach is the first privately owned hotel in the United States to ever get an official five-star rating in their first year of operation. Faena procures ultimate luxury that reflects the golden age of Miami.

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New York Bankruptcy Judge Bars Mortgage Modification on Debtor’s Two-Family Mixed-Use Home
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Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
New York Bankruptcy Judge Bars Mortgage Modification on Debtor’s Two-Family Mixed-Use Home | Michael L. Moskowitz

By Michael L. Moskowitz and Melissa A. Guseynov

In an opinion dated March 9, 2017, Bankruptcy Judge Alan S. Trust dismissed the Chapter 13 petition filed by Mary C. Addams (“Debtor”) on motion of Michael and Jamie Shapiro (“Shapiros”). The motion to dismiss was based upon Debtor’s inability to confirm a feasible Chapter 13 plan.

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The Natural Progression That Leads to Referrals
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Authored by , re: Business Development, on .
The Natural Progression That Leads to Referrals | Cynthia Greenawalt

{3:01 minutes to read} For close to 20 years, I’ve been coaching and training business owners and sales professionals in the art of referral generation to grow their business. At the heart of someone’s success in unlocking referrals from their network is mastering the art of developing and cultivating meaningful — even magical — relationships with other professionals. This cultivation process is a fascinating progression to behold. If we were to map out the relationship progression that leads to referrals, there are many ways we could do this.

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Exciting News for Levin-Epstein & Associates
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Authored by , re: Business Law, Employment, LAW RELATED ARTICLES, on .

Dear friends, clients, and colleagues: It is my great pleasure to share with you some exciting news for Levin-Epstein & Associates. I have been selected for inclusion in the 2017 New York Metro Super Lawyers List as a “Top Rated Business Litigation Attorney,” a distinction awarded to only 2.5 percent of the lawyers practicing in the New York metro area. It is especially rewarding to be recognized for contributions to the New York legal and business community.

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Business Owners! Compliance with Laws & Regulations has Become a Full-Time Job
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Business Owners! Compliance with Laws & Regulations has Become a Full-Time Job | Harlan Levine

{1: 40 minutes to read}  With so many new laws and regulations being enacted in recent months and years, it is not unusual for business owners to be unaware of or overlook those that have been in effect for several years. Often, such laws and regulations relate specifically to a particular industry or the locations where the business is situated or conducts business. Recently, a few of my clients were dumbfounded when they found out that New York City has a commercial rent tax that has been in effect for several years.

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