What Do You Mean I’m Not Really Married? Or Not Really Divorced?
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
What Do You Mean I’m Not Really Married? Or Not Really Divorced? | Deborah E. Kaminetzky

When people call our office asking about divorce or family court issues, we tell them the various documents we need to look at in order to best advise them. One of the documents we want to look at is their marriage certificate. Often, we have people who consider themselves married, have lived together for years, had children together, bought property together and they are surprised that they are not, in fact, married. New York has no “common law marriage.” There is an exception to that rule. New York will give full faith and credit to a marriage from another state or country where it was recognized. For example if you lived together in a state which did recognize common law marriage prior to moving to New York, you will be considered married here as well. People who get married in a religious ceremony in another country, Israel, for example, will be considered married here even though they did not have a secular marriage.

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

Is Now a Good Time to Invest? Yes!
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Authored by , re: Asset Management, FINANCIAL ARTICLES, on .
Is Now a Good Time to Invest? Yes! | Jeff Holland

{3:00 minutes to read} Everyday, the stock market has an expected rate of return. This means that on the day that you invest, you have the potential to earn an expected rate of return. If you wait for that “perfect” time and hold off, you miss capitalizing on the market’s rates of returns. When it comes to investing, you’re either in or you’re out.

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What Goes Into a Patent Application?
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
What Goes Into a Patent Application? | Pat Werschulz

Many people are under the impression that drafting a patent application is just a matter of filling out forms, like any type of government application, and perhaps submitting a picture, as you do when you’re applying for a passport. Nothing could be further from the truth. In fact, preparing a patent application is a complex legal process. The United States Supreme Court has even said that drafting a patent application is the most complicated legal writing in the profession. A patent application has three main parts: the written specification, the drawings, and the claims. This is true of any type of patent applications, whether it’s for a utility application, a design application, or even (in those rare instances) a plant patent application.

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

Divorce and 401(k)s and IRAs – Part 4
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Divorce and 401(k)s and IRAs – Part 4 | Ada Hasloecher

{4:30 minutes to read} In the preceding 3 articles, we have covered the subjects of retirement funding, comparing 401(k)s and IRAs, and dividing a 401(k) plan. As you will see, IRA plans almost never require a QDRO. However, many of them do have detailed paperwork which can look similar in scope to the language in a QDRO document. Typically, the plan will want to see a copy of the section of the Settlement Agreement (Separation Agreement) that spells out how the parties agreed to split the IRA along with their paperwork. It’s always wise to prepare the paperwork well in advance of the judgement of divorce as there can be a lag time with the paperwork.

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

the greek chorus revisited
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the greek chorus revisited | Jennifer Safian

{3:06 minutes to read} A few years ago, I wrote an article called “The Greek Chorus.” The article centered around all the well meaning people who think they know what you are going through and want to dispense advice on your situation. The effects of “friendly advice” continue to be a problem with many of my clients, so I thought that it might be helpful to take another look at this topic. Divorce is a very scary proposition, and when we are scared, many of us tend to gravitate towards others for answers and support.

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

Breitbart’s Biggest Enemy is the Truth…Including Todd Bigelow’s Copyright
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Breitbart’s Biggest Enemy is the Truth…Including Todd Bigelow’s Copyright | Mark Kaufman

A lawsuit was recently filed in the Southern District of New York that isn’t exactly fascinating for its merits, but it does speak to the perennial issue of intellectual property rights: the erroneous but popular idea, even among commercial users, that “if it’s on the internet, it’s free to use!” In Bigelow v. Breitbart News Network, LLC, photographer Todd Bigelow is suing Breitbart News over its use of one of his photographs without his permission. In addition to garden-variety copyright infringement, Bigelow also sued under the Digital Millennium Copyright Act, because Breitbart had removed the identification of the artist and its copyright from the image.

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

Success Story: How Weltman & Moskowitz Bridged the Gap Between Mortgage Foreclosure and Chapter 13 to Successfully Protect Its Client’s Interests
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Success Story: How Weltman & Moskowitz Bridged the Gap Between Mortgage Foreclosure and Chapter 13 to Successfully Protect Its Client’s Interests | Michael L. Moskowitz

By Michael L. Moskowitz and Michele K. Jaspan

Our firm was tasked by one of our lender clients to file a residential mortgage foreclosure case in New Jersey after borrower’s failure to make mortgage payments. Borrower, assisted by a purported residential foreclosure defense expert, sought to place numerous roadblocks to the foreclosure action, including the filing of an answer containing the usual boilerplate meritless “defenses.” Ultimately, after extensive discovery and unnecessary litigation caused by borrower’s “scorched-earth” tactics, final judgment of foreclosure was rendered in favor of lender. Of course, this is not the end of the story, only the beginning.

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

Identifying With Others vs Blaming Them
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Authored by , re: MENTAL HEALTH, Therapy, Wellness, on .
Identifying With Others vs Blaming Them | David Zerella

{2:42 minutes to read} There is a frequent overlap when teaching individuals about unconditional acceptance and providing assertiveness training. One of the ways they overlap is with the idea of identifying with others. By “identifying” I mean relating to or finding common ground with others. Identifying with others allows us to decrease internal frustrations, stress and resentment, as well as express ourselves with more assertiveness and less blaming.

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3 Crucial Estate Planning Documents
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Authored by , re: Asset Management, Elder Care, Miscellaneous, Trusts, Estates & Elder law, on .
3 Crucial Estate Planning Documents | Peter Gordon

{4:40 minutes to read} Why should you have a living will, healthcare proxy, and power of attorney? People are living longer and enjoying fuller lives. However, it is possible that because of a sudden illness or injury, you may be unable to talk to a doctor to make decisions about your treatment or direct your financial decisions. To plan in advance, it is important to prepare a few simple legal forms.

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

What is the Best Legal Structure for Your Start-Up?
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
What is the Best Legal Structure for Your Start-Up? | Bettina Eckerle

Some of the questions I get asked by my start-up clients are perennial in nature, with the most common being: Do I have to form a legal entity, and if so, what kind and why? Entrepreneurs have a number of legal structures available when seeking to capitalize on a million-dollar idea. Each type of entity has distinct advantages and disadvantages that I discuss below, and the decision should be tailored to your individual situation. The choice will impact the amount of tax you pay, the amount of paperwork you are required to do, the personal liability you face, and your fundraising activities. While there are a number of different kinds of entities, I am focusing here on the most common—the sole proprietorship, the LLC, the S-Corporation and the C-Corporation.

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Continuing Education for Mediation
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Continuing Education for Mediation | Deborah E. Kaminetzky

Mediation is gaining in popularity, so much so that there are a proliferation of people advertising that they do mediation. Some of them are attorneys, some of them are not. Many of them have had absolutely no training in mediation, yet will sit down with a couple and “mediate.” New York has no licensure for mediators, so it is difficult for the consumer to determine whether a person claiming to be a mediator is actually trained in the process or just trying to help facilitate a compromise. One can even get a mediation certificate online.

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

When Moving On is More Important Than Discerning the Truth
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Authored by , re: MEDIATION, on .
When Moving On is More Important Than Discerning the Truth | Clare Piro

{3:48 minutes to read} While the history of a client’s relationship is obviously relevant to them, its relevance to the mediation is not necessarily the same. If there is a dispute as to whether or not an event occurred, my role is not to determine the truth. That would be in the realm of litigation. In mediation, its relevance has to do with the effect that those beliefs about past events have on each party’s ability to work with the other in the process and reach a resolution.

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Mediator Impartiality: Is It Possible?
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Authored by , re: MEDIATION, on .
Mediator Impartiality: Is It Possible? | Susan Ingram

{3:24 minutes to read}  Two of the most frequently read articles I’ve posted on my blog have addressed the subject of mediator impartiality or neutrality. While both articles were published nearly three years ago, this subject is as relevant and important today as it was then. And after re-reading these articles, I don’t think I could say it any better now. So, without further ado, here’s a link to the first article entitled “Can a Mediator Really be Neutral or Impartial”?

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

A Letter from China: International Collaboration with Mental Health and Divorce Professionals
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A Letter from China: International Collaboration with Mental Health and Divorce Professionals | Lauren Behrman

{Read in 3:30 minutes} Dear Colleagues: We’re sending this blog from Wuhan, China, where we are enjoying a few days of sightseeing and absorbing Chinese hospitality, history and culture from our wonderful colleagues and their graduate students.

Jeff is the current president of The Society for the Advancement of Psychotherapy,(SAP) Division 29 of the American Psychological Association (APA). The division has been working on increasing its international presence, and in 2016, SAP formalized an affiliation with Oriental Insight—a similar organization in China Normal University School of Psychology which was founded by Professor Jiang Guangrong, a leading psychologist at Central China. Professor Jiang is one of the leaders in the field of Counseling Psychotherapy and Mental Health on the Chinese mainland.

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Copyright and Trademark: Titles, Words & Short Phrases
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .

{4:12 minutes to read} It is a truism among intellectual property lawyers that no matter how often one may encounter discussion of a “copyrighted word” or a “copyrighted phrase”—and this notion appears frequently in media—copyright law generally does not protect titles, words, slogans or phrases.[1]

Click to read Joshua Graubart's full article...

Look Who is Coming to the Mediation Table
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Authored by , re: MEDIATION, Miscellaneous, on .
Look Who is Coming to the Mediation Table by Rachel Alexander

{4:54 minutes to read} What happens when attorneys join clients in matrimonial mediation? It’s anyone’s guess! Generally, in my practice, divorce mediations are intimate, including only the parties and the mediator. This often adds to the sense of confidentiality and privacy. It works well for many clients who want to speak candidly about difficult issues in a safe, unbiased environment.

Click here to read Rachel Alexander's full article...

Odd Evidence: Plan for Time, Cost & Effort in Appellate Court
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Odd Evidence: Plan for Time, Cost & Effort in Appellate Court | Liza Bobo

{2:00 minutes to read} Attorneys should expect to have cases that require crucial, out-of-the-ordinary pieces of evidence (i.e., color photos or oversized maps). Once the evidence is filed in the court of original incidence, the appellate court expects to see a precise duplicate of the original piece of evidence. In every stage and each new setting, the courts want to see like for like. If you stipulate to the color photo or use the appendix method, you can physically exclude it.

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“Throuple”: A Case of Polyamorous Custody
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .

An interesting decision out of Suffolk County recently established custodial rights of a non-biological parent who was part of a polyamorous relationship. In Dawn M. v. Michael M., the court essentially affirmed the validity of a non-traditional family composed of two women and one man. Though their names have been revealed in the media, for our purposes we will call the family members Mom 1, Mom 2, Dad, and Child. Mom 1 and Dad were a married couple who had attempted to conceive with great difficulty. They utilized in vitro fertilization, but unfortunately Mom 1 miscarried.

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

National Health Care Decisions Week is April 16th to 22nd
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Authored by , re: Healthcare Management, LAW RELATED ARTICLES, on .
National Health Care Decisions Week is April 16th to 22nd | Dana Heitz

Who: You, your clients What: National Healthcare Decisions Week When: April 16-22, 2017 Why: Everyone dies How: See an attorney or fill out a DIY Healthcare Proxy form {2:20 minutes to read} I recently worked on a case that resulted from the unexpected death of a 28-year-old. The nearness of death hit home after that—as did the consequences of being unprepared for this inevitability. Then a couple weeks ago, I had minor wrist surgery. During the intake, I was asked if I’d chosen whom I wanted to appoint as decision-maker if I became unable to communicate.

Click here to read Dana E. Heitz's full article...

Mediating a Divorce After a Long-Term Marriage
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Authored by , re: Family & Divorce, on .
Mediating a Divorce After a Long-Term Marriage | Don Sinkov

{2:30 minutes to read} I am often pleasantly surprised when couples who have been married for 20, 30, 40 years or more are able to come to mediation to be divorced. Sometimes I wonder whether I could have done that; whether I could sit next to my soon-to-be ex-spouse and say out loud, “I want to divorce you and move on with my life. I want to live alone and not be married to you anymore.” How incredibly difficult would that be in a private setting, but here we are, saying this in front of the mediator, a stranger whom we just met.

Click here to read Don Sinkov's full article...

What is a Revocable Trust and is it Appropriate for Me?
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
What is a Revocable Trust and is it Appropriate for Me? | Tom Sciacca

{Read in: 3:30 minutes} What is a Trust, and more specifically, what is a Revocable Trust? Creating a Revocable Trust is like creating a new legal entity. This Trust is created by a Grantor and managed by several people known as Trustees. In its simplest form, a Revocable Trust is a Will substitute that avoids probate.

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

5Pointz: The Intersection of Intellectual and Real Property
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5Pointz: The Intersection of Intellectual and Real Property | Mark Kaufman

Anyone who has had the pleasure of riding outbound LIRR trains from New York’s Penn Station over the years probably remembers a memorable sight: the 5Pointz graffiti artist showcase emblazoned on the exterior walls of some aging factory buildings in Long Island City. Having reached at least a tacit deal with the owner of the buildings, the space provided a venue for graffiti artists to produce photo-realistic murals of hip-hop legends as well as the familiar practice of “tagging,” which consists of writing the artist’s nom-de-guerre with highly imaginative and stylized lettering.

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CLE Course: Recent Litigation and Legislation in Insurance Law
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Authored by , re: Insurance Related, on .
CLE Course: Recent Litigation and Legislation in Insurance Law | Evan Schwartz

In addition to my law practice, I have the honor of serving as a faculty member on LawLine.com, which is the largest online, continuing legal education (CLE) provider in the United States. I have 11 lectures available, some of which I delivered on my own, and some with the help of my partner, Matthew Conroy. Those lectures are available for purchase and viewing on LawLine. Today, I want to talk to you about two lectures that Matthew Conroy and I will be giving on May 1st. The first part of the series is titled, “Recent Litigation and Legislation in Insurance Law.” We will offer an update for the legal profession on the trends in insurance coverage litigation.

Click here to read Evan Schwartz's full article...

Do You Engage in Good Business Habits?
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Do You Engage in Good Business Habits? | Aimee B. Davis

{4:24 minutes to read} Although Q1 2017 is in the history books, it’s never too late to re-evaluate your business habits and consider how they may be improved. Transitioning from an employee of BIG LAW to a solo practitioner was challenging, but figuring out how to organize my time has always come easy to me. When I launched Aimee B. Davis Law P.C., people who knew I worked from home commended my self-discipline and ability to stay motivated.

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Divorce and 401(k)s and IRAs – Part 3
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Authored by , re: Family & Divorce, Financial Planning & Insurance, MEDIATION, on .
 Divorce and 401(k)s and IRAs – Part 3 | Ada Hasloecher

{4:54 minutes to read} In Part 1 and Part 2 of BJ Mann’s article on retirement plans and divorce, we talked about retirement funds in general and the differences between 401(k)s and IRAs. Now to the topic of dividing the plans. No matter how these plans are divided (equally or some other sharing arrangement), the math must be done first.

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

 

family dispute? ask a question
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Authored by , re: Family & Divorce, MEDIATION, on .
family dispute? ask a question | Jennifer Safian

{1:36 minutes to read} With our aging population and the growth of multi-generation families, the need for family mediation is increasing as conflicts arise. These conflicts come in all shapes and sizes:

  • Disputes between siblings over the care of aging parents
  • Squabbles regarding distribution of assets in inheritances
  • Disagreements regarding the sharing of family vacation homes
  • Resentments of elder parents feeling that they don’t get the attention they need from their children
  • Money disputes
And many others. Click here to read Jennifer Safian's full article...

What is a Trust?
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
What is a Trust? | Tom Sciacca

{Read in 6 minutes} A lot of people talk about Trusts these days. You may hear about them on the radio or see financial experts talking about them on television. Sometimes clients come in and advise me that they want me to write a Trust for them. But when I inquire as to why someone sitting across the table from me would like a Trust, I find that few people know very much about them. In this post I will address the following questions: What is a Trust? What are some of the different types of Trusts? What are some of the advantages and disadvantages of Trusts?

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Avoiding the Adversarial/Difficult Client [1]
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Avoiding the Adversarial/Difficult Client [1] | Chris McDonough

By: Chris McDonough & Omid Zareh Recently, we gave a lecture regarding dealing with the adversarial client. At the conclusion of the lecture, a number of participants came up to share some rather amusing client experiences. Difficulties with clients seemed to be a common theme. However, while these instances seemed funny in retrospect, at the time they were sources of much aggravation, costing quite a bit of the lawyer’s time—which as we all know is precious.[2] Equally costly is the energy and emotion required to deal with these clients.

Click here to read Chris McDonough's full article...