Don’t Try This at Home! Part 2
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Authored by , re: Family & Divorce, on .

{2:30 minutes to read} When couples come to me seeking divorce mediation, the first thing we do is meet for a consultation. This meeting is important because it gives clients a chance to meet me and have their questions answered. I go over the divorce mediation process with them and explain the services that I provide. I also give a very brief overview of the kinds of things we will talk about in divorce mediation: parenting plans, real estate, assets, liabilities, etc.

Click here to read Melissa Burns' full article...

Business Valuation in the Mediation Process
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Authored by , re: Family & Divorce, on .
Business Valuation in the Mediation Process | Sandy Balick

{3:36 minutes to read} This is a second installment on the subject of business valuation to assist divorcing spouses in the property settlement process. It’s common for divorcing spouses to engage in asset trading (a court-ordered distributive award is essentially such a tradeoff). To be a good trader a spouse should be equipped with a reasonably informed idea of an asset’s value. Since the parties in mediation do not have to provide expert testimony (often conflicting) to enable a court to make an award, more and frequently less expensive valuation options may be available.

Click here to read Sanford E. Balick's full article...

Will the Actions of the President be Counterproductive to His Goals?
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Authored by , re: Immigration law, LAW RELATED ARTICLES, on .
Will the Actions of the President be Counterproductive to His Goals? | Mitchell Zwaik

{4:00 minutes to read} Within a few days of his inauguration, the new President threw more than sixty years of US immigration policy into the shredder. He began with a war of words with Mexico and ended with a Muslim ban he later claimed was neither a ban nor directed at Muslims. This offensive is not only counterproductive in terms of cooperation with other countries in the general sense of the word, but it may very well become counterproductive in terms of his immigration policies. It sent a signal to the rest of the world that the US no longer welcomes immigrants.

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

Top Tips to Prepare for Tax Season!
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Authored by , re: FINANCIAL ARTICLES, on .
Top Tips to Prepare for Tax Season! | Peter Gordon

Tax day is drawing near. For our clients, we ensure their tax information is properly organized throughout the year so that when we prepare their tax information report, everything is properly categorized. With this done, we pass their report over to their individual accountants, making it a much more efficient process and often resulting in lower accounting bills.

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

3rd Annual Employment Law Institute (LIVE PROGRAM)
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Authored by , re: LAW RELATED ARTICLES, on .

Of possible interest to in-house and outside counsel who confront employment-related issues, NYCBA's 3rd Annual Employment Law Institute will be held ​on March 10, 2017​ (8:15 a.m. - 5:40 p.m.) with a networking luncheon at 12:35 p.m. The panel discussions will provide a comprehensive overview of the recent trends, developments, and emerging issues in employment law. ​I will moderate "The Virtual Workspace" in the morning and "Social Media & Employment Law” in the afternoon. Last year there were approximately 180 attendees and more are expected this year. To view the program agenda and complete list of speakers and to register, please click below.

Click here to read Richard Friedman's full article...

the communication effect of mediation
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
the communication effect of mediation | Jennifer Safian

{3:54 minutes to read} Couples coming to resolve their divorce through mediation are often not on the same page. One person can be more advanced in the process, thinking about getting divorced for a long time, while the other person is barely able to accept the idea of a separation, let alone think about the “D word.” Or it may be that, because of very different personalities and styles of communication, the parties are unable to have a calm and productive conversation. The process can only go as fast as the slowest party.

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

The Stark Reality of a Separation Agreement
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
The Stark Reality of a Separation Agreement | Clare Piro

{3:54 minutes to read} I met recently with a couple (I’ll call them “Mary” and “John”) to review their Separation Agreement. All went well, with a few minor changes agreed upon during our meeting. Then, towards the end of the Agreement, a provision came up for review at which John expressed surprise. Mary and I were perplexed. This had not only been discussed fully at a previous session, but over the course of several months, had appeared in writing in:

  • A summary of the meeting;
  • A summary of the terms agreed upon; and
  • 1st, 2nd and 3rd drafts of the Agreement.

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

Medical Studies Link Sauna Use to Wellbeing
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Authored by , re: Design, on .
Medical Studies Link Sauna Use to Wellbeing | Matt Williamson

{3:24 minutes to read} When most people think of a sauna, they think of warmth and relaxation, but saunas as tools for wellness are becoming more and more popular. Below are 5 examples, with scientific backup, of the positive effects that your warm and relaxing sauna can have on your health and wellbeing.

Click here to read Matt Williamson's full article...

Countdown To Launching Your Business: Key Legal Safety Checks
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Countdown To Launching Your Business: Key Legal Safety Checks | Bettina Eckerle

I advise many entrepreneurs who are in the process of starting a new business. Most of them are bootstrapped with little cash to spare on “luxuries,” like obtaining comprehensive legal advice. I can assure you based on my experience that some important issues should really be carefully deliberated and analyzed on day one. In this post, I aim to give you an overview of some important steps on the road to protecting and growing your company’s true value.

Click here to read Bettina Eckerle's full article...

Decision Making Anxiety
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Authored by , re: MENTAL HEALTH, Therapy, on .
Decision Making Anxiety | David Zerella

How to Decrease Outcome Based Thinking

{3:06 minutes to read} I have a small chalkboard in my office which I use to write motivational quips. I change it periodically, and most of my clients are familiar with it. It can be a great source of ideas within a session. Recently, I updated it to read, “There is no failure; we either succeed or we learn.” This idea summarizes my clinical approach on treating decision making anxiety.

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

Tequila or Not Tequila: A New Certification Mark is Born
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Tequila or Not Tequila: A New Certification Mark is Born | Mark Kaufman

Ironically, the same week that the president of Mexico declined to meet with the president of a formerly friendly nation because of various perceived (and perhaps actual) insults, the United States Trademark Trial and Appeal Board (TTAB) granted a decision in favor of a Mexican non-profit association of distilleries. The Consejo Regulador del Tequila was granted a certification mark for the appellation ‘Tequila.’ According to the U.S. Trademark statute, a “certification mark”

means any word, name, symbol, or device, or any combination thereof to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services ….
So the TTAB determined that, despite its most unfortunate location South of the Soon to Be Very Tall Border,  the Consejo Regulador del Tequila can control the use of the word ‘Tequila’ within the United States.

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

Dave’s Divorce Dictionary: Guilt
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Dave’s Divorce Dictionary: Guilt | David Kellem

David’s Divorce Dictionary: G is for Guilt Definition: in no-fault divorce, the courts do not adjudicate legal guilt or innocence. But emotional guilt can play a powerful role in the outcome of a divorce settlement. Guilt can be a judgment that a divorcee imposes on him or herself, or it can be a force of manipulation hoisted by one spouse upon the other. Either way, it should have no place in how one negotiates a settlement—it always works against the interest of the party who feels guilty.

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

Is There Room For Other Professionals in Mediation?
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Authored by , re: Family & Divorce, MEDIATION, Miscellaneous, on .
Is There Room For Other Professionals in Mediation? | by Rachel Alexander

{3:18 minutes to read} People going through divorce often discover they need more help than they initially imagined. Not only are they divorcing, but they now need:

  • Their own health insurance;
  • Life insurance to secure child support/alimony obligations;
  • Therapy to support the period of adjustment;
  • A real estate agent to list the home or find a new one;
  • A mortgage broker to refinance the home;

Click Here to Read Rachel Alexander's Full Article....

Chapter 7s for Entities?
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Authored by , re: LAW RELATED ARTICLES, on .
Chapter 7s for Entities? | Wayne Greenwald

Imagine thinking you've put a bad business experience behind you, only to learn its ghost is attacking you. That's the specter of poorly planned entity chapter 7 bankruptcies. Unfortunately, most bankruptcy cases for entities which start as Chapter 7 cases suffer from this. Entities Prudent entrepreneurs conduct business through entities. Popular entity forms include: a.) corporations, b.) limited partnerships, and c.) limited liability companies.

Click here to read Wayne Greenwald's full article...

After Surrendering in Bankruptcy, Contesting Foreclosure is not Allowed
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Authored by , re: REAL ESTATE ARTICLES, on .
After Surrendering in Bankruptcy, Contesting Foreclosure is not Allowed | Peter T. Roach

Oftentimes, a debtor files a bankruptcy petition that will stay a pending foreclosure. Should the debtor seek relief under Chapter 7, all property of the debtor becomes property of the bankruptcy estate and subject to disposition by the Chapter 7 trustee, with court approval. Should the Chapter 7 trustee determine that there is no equity in the mortgaged premises, he/she will “abandon” the property, and title will then revert back to the debtor. The debtor must then either pay the secured debt, or “surrender” the property to the secured creditor in satisfaction of, at least, the secured portion of the debt.

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

How to Mitigate the Non-Constructive Results of Confrontation: Tips for Professionals
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Authored by , re: Family & Divorce, MENTAL HEALTH, Therapy, on .
How to Mitigate the Non-Constructive Results of Confrontation: Tips for Professionals | Jeff Zimmerman

{Read in 2 minutes} Confrontation is often interpreted as an attack. In counseling scenarios, regardless of what the professional therapist or mediator is confronting (feelings, ideas, logic, etc.), the client’s response is generally to do one of three things: fight, flee, or freeze.

Click here to read Jeff Zimmerman's full article...

Patent Law: Business As Usual
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Patent Law: Business As Usual | Pat Werschulz

{6 minutes to read} We have a new president. We have new members of Congress with a different distribution between the two parties. And probably before the Supreme Court sits for a new session in October, we’ll have a ninth justice. The question is: How are the changes in Washington going to affect patent law? First, a history lesson in patent law…

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

MWBEs, Let’s Work Closer Together to Achieve Success!
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Authored by , re: Business Development, on .
MWBEs, Let’s Work Closer Together to Achieve Success! | Jean Kristensen

{3:10 minutes to read} I was recently at a meeting where there was a lot of pushback from MWBE firms that preferred to self-perform and take credit for MWBE goals; they wished to do this instead of subcontracting the work to other MWBEs. I was a little taken aback by this, and thought I’d share my thoughts on the importance of MWBEs 1. working with, 2. outsourcing to, and 3. sharing resources among other MWBEs.

Click here to read Jean Kristensen's full article...

Hidden Figures: When the Numbers Tell You Something You Don’t Want to Hear
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Authored by , re: Business Development, on .
Hidden Figures: When the Numbers Tell You Something You Don’t Want to Hear | Fabienne Swartz

{3:30 minutes to read} A friend of mine has a problem. She is in the middle of a divorce, yet she remains wedded to a lifestyle she can no longer afford. The bulk of the expenses she is claiming are what I would consider unnecessary, like:

  • Retaining a full-time housekeeper;
  • Outfitting her children with designer clothes;
  • Driving a high-end, German car;
  • Grocery shopping at Whole Foods; and
  • Monthly clothing budget in excess of what many people earn in a month.

Click here to read Fabienne Swartz's full article...

The Elusive “Iron-Clad” Will
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
The Elusive “Iron-Clad” Will | Tom Sciacca

Question: Is there any such thing as an “iron-clad” Will? Simple answer: Nope (sorry ‘bout it). A lot of people think that putting a certain amount of time, work, or even money into drafting estate planning documents can prevent a troublesome family member from challenging a Will. That’s not how things work. In New York (like in most states), we have a self-policing system of determining validity of Wills. That means that when someone dies, the Court puts his or her next-of-kin on notice that someone is offering the Will for probate. Essentially, telling them that if they have an objection to the Will, they should show up in Court and let their voice be heard as to why the Court should not probate it. Best-case scenario, a troublesome family member will simply not appear in Court; worst-case scenario, they see it as an invitation to challenge the Will’s validity.

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

Vendor Alert: Delaware Bankruptcy Court Upholds Creditor’s Reclamation Claim
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Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
Vendor Alert: Delaware Bankruptcy Court Upholds Creditor’s Reclamation Claim | Michael L. Moskowitz

By Michael L. Moskowitz and Melissa A. Guseynov

Generally, the concept of “reclamation” protects vendors in Chapter 11 cases because it provides a way to either retrieve goods delivered to a debtor pre-petition or to recover the value of those goods. On August 24, 2016, Bankruptcy Judge Mary F. Walrath, sitting in the Bankruptcy Court for the District of Delaware, bolstered creditors’ reclamation rights when she overruled an objection to a vendor’s claim for reclamation under section 546(c) of the Bankruptcy Code. In re Reichold Holdings US, Inc., et al., 556 B.R. 107 (Bankr. D. Del. 2016). This decision marks a noteworthy success for vendors asserting reclamation rights under the Bankruptcy Code.

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

A Bronx Tale: Millions of Untapped Consumers
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Authored by , re: Commercial Real Estate, Real Estate, on .
A Bronx Tale: Millions of Untapped Consumers | George Grace

Recently, I’ve started working with a national company based in the midwest. Their New York office is located in Westchester County, but they have become eager to relocate closer to the city. One of the places they are considering is in the Bronx. I thought this was an interesting choice, as I have written previously about how relatively low and stable the rents are in nearby Westchester. My client elaborated that it wants to be in a more densely populated area because of its sales organization; the more people near it, the better off it is.

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

The Proper Way to Endorse and Disburse a Proceeds Check Made Payable to a Client and Attorney
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Authored by , re: LAW RELATED ARTICLES, on .
The Proper Way to Endorse and Disburse a Proceeds Check Made Payable to a Client and Attorney | Chris McDonough

In my lectures, I am often asked about how to properly divide a settlement check made payable to both the client and an attorney where there will be a division of that check. The inquiring attorneys are often surprised that the procedure they have used for decades is not technically correct. Most attorneys are well aware that any such check must be deposited into a properly captioned attorney trust account.

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

Is Your Website/Blog Missing the Nuts and Bolts Your Visitors Expect to See?
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Authored by , re: Business Development, on .
Is Your Website/Blog Missing the Nuts and Bolts Your Visitors Expect to See? | Mark Bullock

{5:55 minutes to read} As I’ve mentioned before, if a visitor comes to your website who’s a potential client, and they don’t find the information they’re looking for, they’re likely going to go searching the Internet for somewhere else to find it. You can just assume that.

Don’t send visitors away from your website! Asking them to contact you for basic information about a specific topic that is included in your profession is paramount to sending them away—if they can’t find what they are looking for on your website.

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

The Taxes They Are A-Changing
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Authored by , re: Family & Divorce, on .
The Taxes They Are A-Changing | Robert Bordett

Time flies when you’re having fun; here we find ourselves in a new year, with new challenges ahead—and of course our taxes are due. So let’s bring you up to date on some tax changes that we know of. (Remember this year could bring other tax changes that we don’t know about at this time).

One big change is that 1099s have to be into the IRS by January 31st of his year. In years past, they needed to be sent to the individual by January 31st, but into the IRS by February 28th.

Click here to read Robert Bordett's full article...  

Parenting Arrangements for Special Needs Children
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Authored by , re: Family & Divorce, MEDIATION, on .
Parenting Arrangements for Special Needs Children | Susan Ingram

{3:32 minutes to read} When I’m mediating with parents who have a special needs child, I view myself as being on a “fact finding mission.” What do I mean by that? In addition to performing my other mediator responsibilities, my role is to gather as much information as I can about the couple’s special needs child, and how that child’s disability relates to each of the parents’ lives, as well as to any other siblings in the family. Clearly, these family relationships are often more complex than families without a special needs child.

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

Why Do People Get Divorced?
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Authored by , re: Family & Divorce, MEDIATION, on .

{6:12 minutes to read} First, it should be said, no one divorces lightly. No one has ever walked into my office and declared: “We heard there was a special on divorce. We weren’t considering it, but this deal is too incredible to pass up!” No one comes in because they’ve just had a bad day or are bored. Couples thinking about divorce are despairing. Divorce is an action of last resort.

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

Kids Need a Parent, Not a Playmate
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Authored by , re: Family & Divorce, on .
Kids Need a Parent, Not a Playmate | Don Sinkov

{2:54 minutes to read} So what is a “Disney Dad,” you ask? A Disney Dad, in short, is a dad who spends his visitation time entertaining his child like a friend with no rules or boundaries. Visitation turns into a free-for-all party atmosphere. This may be because the father feels he has very little time with the child, so he wants the child’s memory of that time with dad to be a fun one. I get that, but that’s really not what a parent’s role is, is it?

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

do we file for divorce before starting mediation?
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
do we file for divorce before starting mediation? | Jennifer Safian

{3:06 minutes to read} When a couple decides that they want to divorce, there is often some confusion as to when they should file in court. Here are the most frequently asked questions regarding the filing process and its effect on a couple’s ability to mediate their divorce. Do we have to file for divorce in court before starting the mediation process? The answer to this question is no; people need not file in court before they start the mediation process, nor do they need to worry about filing in court themselves at any point.

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

I Just Want What I Would Get in Court
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
I Just Want What I Would Get in Court | Clare Piro

{3:12 minutes to read} There are so many sources of information available to someone in the process of divorce:

  • Attorney consultation;
  • Financial divorce professional consultation;
  • The internet;
  • Their friend, hairdresser, cousin, sister or co-worker .
Some are clearly less reliable than others. In fact, it’s rare for me to see clients who haven’t received some version of what they believe their rights and obligations under the law to be. This information can take on enormous importance to them if they believe it is “the law,” especially if it benefits them. Needless to say, when the information is inaccurate or is based upon a totally different set of facts and circumstances, it can lead to a mindset that is not particularly helpful in mediation.

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