Thinking of Going Solo? Be Prepared to Practice Law and Run a Business!
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Authored by , re: LAW RELATED ARTICLES, on .
Thinking of Going Solo? Be Prepared to Practice Law and Run a Business! | Deborah E. Kaminetzky

A law practice is a business. No matter how good an attorney you are, your practice will not take off without that recognition.

This article was written for new solo attorneys, those who are thinking of hanging out a shingle, and those who were dismayed when they saw their tax return for the first time after beginning to practice on their own.

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

It’s Over: Ending the Employer-Employee Relationship in New York State
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
It’s Over: Ending the Employer-Employee Relationship in New York State | Bart Eagle

{3:10 minutes to read} The termination of an employee oftentimes presents the same questions to an employer, when considering the termination, and to an employee, when confronted with it. These questions are both legal and practical. Can the employee be terminated? New York is an at-will state. If the employee does not have a contract entitling her to continued employment for a period of time and/or setting forth grounds necessary for termination, and if no discrimination is involved and the law is not otherwise violated, an employer can discharge an employee at any time for any, or no reason. In those instances, unless the contract between the employer and employee provides otherwise, the employee is legally entitled to nothing: not continued employment, not notice, and not severance.

Click here to read Bart Eagle's full article...

5 Key Elements of the Mediation Process
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Authored by , re: Family & Divorce, MEDIATION, on .
5 Key Elements of the Mediation Process | Susan Ingram

{2:48 minutes to read} There are two principal aspects to the role a mediator plays when helping couples going through divorce mediation. One has to do with the process and the other has to do with the substance.

Process relates to the framework and ground rules that are established by the mediator so that the necessary conversations can take place and move along, ultimately to resolution.

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

Is a Letter of Intent Necessary in an M&A Transaction?
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Is a Letter of Intent Necessary in an M&A Transaction? | Aimee B. Davis

{3:42 minutes to read} There’s a debate raging among transactional attorneys about whether entering into a letter of intent (LOI) in advance of negotiating a purchase agreement is a necessary step in the M&A process. An LOI summarizing the basic terms of a proposed deal provides an outline for the longer form purchase agreement. Some attorneys think it’s penny wise but pound foolish not to have an LOI.

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

Dear Anthony and Huma: Please Make Court the Last Resort for Your Divorce
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .

On September 25th, Anthony Weiner was sentenced to 21 months in prison for sending sexually explicit text messages to a minor. In this article I do not wish to comment on his crime or sentencing, but rather the interesting dynamic in court between him and his wife, Huma Abedin, during their divorce proceedings in the weeks leading up to his sentencing.

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

Small Business 101: Deciding Your Trademark
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 Small Business 101: Deciding Your Trademark | Pat Werschulz

One of the most critical decisions you must make in the early stages of your business is picking a trademark that will be effective and work well to promote your brand. How do you decide what your trademark is going to be? The first step is to pick your brand name. You may have a logo, you may have a tagline, but you need to decide on the name of your product or service. You should consider that your trademark is distinctive, both from a legal point of view, and from a marketing point of view. You do not want your product or service to be confused with any others.

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

Mindfulness and “Self-in-Presence”: A Tool for Divorce Mediation?
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Authored by , re: MEDIATION, Miscellaneous, Wellness, on .
Mindfulness and “Self-in-Presence”: A Tool for Divorce Mediation? | Rachel Alexander

{5:18 minutes to read} How do we get present? Last time we looked at the importance of mindfulness and getting present, so how do we do it? Practice, practice, practice!  And, softly, softly, softly. One suggestion: set an alarm on your smartphone to sound a gentle tone several times during the day.  When you hear it, simply bring your awareness back to yourself and your body, perhaps offering yourself the gentle prompt: “How am I right now? How am I feeling just now? Where is that located in my body?”.....

Click here to read all of Rachel Alexander's article...

The Price of Falling
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The Price of Falling | Rebecca Eddy

The ability to sustain one’s balance or to have the resilience to get back up relatively unscathed after a fall is something often taken for granted by the young and the healthy. For older individuals, and those with chronic illnesses, a fall is a serious mishap and can greatly impact their subsequent quality of life. Every year, approximately 1 in 4 Americans over the age of 65 experience a fall, which may or may not land them in the hospital. Cases that do result in hospitalization can be extremely costly, so much so that by 2020 the combined annual cost of fall-related injuries during that year alone may be as much as $67.7 billion.

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

Did You Do Your Homework?
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Did You Do Your Homework? | Fabienne Swartz

{2:46 minutes read} Coaching is about moving forward and improving your life. If there’s something that could be working better in your life, the idea is to figure out how. In order for coaching to help you discover the how, you have to work at it — and the more work you put into the search, the more benefits you will reap.

One method of reinforcing the ideas that we brainstorm together is to assign “homework” between sessions. What does this self-directed learning consist of?

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

Selfie-Awareness
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Authored by , re: Business Law, Intellectual Property, LAW RELATED ARTICLES, on .
Selfie-Awareness | Mark Kaufman

Recently the United States Court of Appeals for the Ninth Circuit made news when it granted appellate review of what rights a monkey has to his intellectual property. The case — Naruto, a crested macaque, by and through his next friends, People For The Ethical Treatment of Animals [PETA], Inc. v. David John Slater, et al. — settled before the appeal was briefed or argued. According to the settlement, the copyright will remain in the name of the human photographer whose camera was used by the animal — but 25% of future profits will go to charity to benefit wildlife preserves that protect macaques. First, some background. In 2008, a nature photographer named David Slater began following a group of crested macaques in Indonesia. On his second day trying to infiltrate a group of the macaques, he set up his camera on a tripod and left it out in the open. One macaque approached the camera and took dozens of pictures, including three “selfies.” Slater began to enjoy some commercial success with the photos when, in 2015, PETA sued him. The group sought a copyright for the monkey and to administer the resulting proceeds of the photo.

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

Cohabitating Instead of Getting Married? Get an Agreement First! Part 1
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Authored by , re: Family & Divorce, on .
Cohabitating Instead of Getting Married? Get an Agreement First! Part 1 | Daniel Burns

Why You Should Have a “Cohabitation Agreement”  {2:42 minutes to read} If a married couple in New York ends their relationship, the Equitable Distribution Law determines how they will divide any of the assets and liabilities acquired during the marriage. There are also laws that help determine how they will each support themselves and how they will support and parent any children they might have together.

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

Shhhhh! You Might Not Even Need a Will….
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Shhhhh! You Might Not Even Need a Will…. | Tom Sciacca

{Read in 9 minutes} Very often, people have preconceived notions of what happens to their assets if they don’t have a Will. The most common one that I hear is, I know I need a Will, because if I don’t have a Will, the state takes everything . . . but really, nothing could be further from the truth. Most states have statutes creating a pattern of distribution known as intestacy. Intestacy refers to the law that describes who gets what if a person dies without a Will.

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

The Prophets of Profit: Reducing Stress and Avoiding Costly Mistakes with David Shriner-Cahn
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The Prophets of Profit: Reducing Stress and Avoiding Costly Mistakes with David Shriner-Cahn | Brian Califano

We had the pleasure to speak with David Shriner-Cahn, President of TEND Strategic Partners and host of the business podcast, Smashing the Plateau, which features leaders helping leaders break through barriers. David works with CEOs of successful companies that keep hitting roadblocks.

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

SENDING OUT MULTIPLE CONTRACTS OF SALE TO TWO OR MORE PURCHASERS*
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Authored by , re: REAL ESTATE ARTICLES, on .
SENDING OUT MULTIPLE CONTRACTS OF SALE TO TWO OR MORE PURCHASERS* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

Can a seller send out multiple contracts of sale to two or more purchasers when selling an apartment or house? This has been a long standing debated issue in real estate and the answer is grounded in basic contract law and a variety of ethical considerations.

Click here to read Eric P. Gonchar's full article...

Splitting the Difference May Not Be the Best Outcome
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Splitting the Difference May Not Be the Best Outcome | Clare Piro

{3:18 minutes to read} In my past life advocating for clients in an adversarial process, getting to the point of splitting the difference was the last settlement proposal, and timing was everything. If your first offer is close to what you really want, there will be little room left to split the difference if your adversary low-balls their demand. For example, if you are looking for $5000 and ask for $5000 in support and your spouse offers $2000, you are going to lose in the “split the difference” scenario. So this practice encourages unrealistic offers and counteroffers, resulting in annoyance and insults (“How dare you!”) and prolonged negotiation.
 
More importantly and disappointingly, splitting the difference probably doesn’t meet the interests of either client, since it is merely a mathematical formula based upon meaningless offers to begin with. But it is a way that parties can settle, and to paraphrase something that’s repeated time and again in litigation: “a good settlement is when both parties leave unhappy.” Or, in other words, both parties lose.

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

Filing Appeals in Advance Will Ensure That You Beat the Clock
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Filing Appeals in Advance Will Ensure That You Beat the Clock | Liza Bobo

{1:10 minutes to read} Summer is over, and we are transitioning into fall. Time moves quickly, and, before we know it, the end of the calendar year is upon us.

With this in mind, it’s a good idea for attorneys to consider filing the necessary papers in the appellate court sooner than later.

This is especially important in light of the time that is required to put an appeal together, which includes assembling documents, speaking with clients, etc. Should attorneys get side-tracked with meetings, court dates, and new clients, they may realize too late that they’ve run out of time.

Click here to read Liza Bobo's full article...

Considering Bankruptcy? Here’s Free Advice from a Bankruptcy Judge
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Considering Bankruptcy? Here's Free Advice from a Bankruptcy Judge | Wayne Greenwald

I stumbled on retired Bankruptcy Judge Charles Case's video for folks considering bankruptcy relief. It's the first time I said "amen" after a video. Click here to watch the video. His important points include:

  • This is your bankruptcy case -- pay attention -- take charge of it.
  • Timing is important to preserve your rights.
  • Fill forms completely and honestly.
  • Bankruptcy is complicated, so hire an experienced lawyer.
  • Don't think you can afford a lawyer? Most offer a free initial consultation.

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

Success Story: How Weltman & Moskowitz Successfully Obtained an Order Reinstating a Discharged Mortgage to Protect Its Client’s Interests and Enable Lender to Proceed with Its Mortgage Foreclosure
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Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
Success Story: How Weltman & Moskowitz Successfully Obtained an Order Reinstating a Discharged Mortgage to Protect Its Client’s Interests and Enable Lender to Proceed with Its Mortgage Foreclosure | Michael L. Moskowitz

By Michael L. Moskowitz and Michele K. Jaspan

Recently we were tasked by one of our long-time lender clients to file what should have been a run-of-the-mill residential mortgage foreclosure case in New Jersey after borrower’s failure to make mortgage payments on a first mortgage and credit line mortgage.

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

CO-OP BOARD DENIALS: A GUIDELINE*
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Authored by , re: REAL ESTATE ARTICLES, Residential Real Estate, on .
CO-OP BOARD DENIALS: A GUIDELINE* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

Unfortunately, co-op Board discretionary decisions to approve or deny a Purchaser admission in a coop still exists. Purchasers still face denials for admission to coop buildings. There was a time when many co-op Boards concluded that if a bank would give a prospective buyer a loan, then the Board would consent to the sale of an apartment. Co-op Boards have since become much more concerned and selective about their future neighbors. This article will explore why co-op Boards can deny a Purchaser admission to a co-op and what remedies the Purchaser or Seller may have.

Click here to read Eric P. Gonchar's full article...

Apple’s New California Facility: Is this the Model for Amazon HQ2?
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Authored by , re: Commercial Real Estate, on .
Apple’s New California Facility: Is this the Model for Amazon HQ2? | Ruth Wharton

Despite the dizzying pace of change, everything old is new again.

Recently, all the talk is about which city Amazon will choose for its new headquarters. As we think of major tech office centers in the US, it is interesting to look at another company’s new building plans.

Apple’s new center in Cupertino, California is a $5 billion project accommodating 12,000+ employees. Apparently, from an architectural standpoint, it is not revolutionary at all.

The more things change, the more they stay the same. I saw this article when using the Financial Times app and thought you might be interested:

Silicon Valley’s less-than-revolutionary office concepts 

Click here to read Ruth Colp-Haber's full article...

divorce and co-parenting between continents
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
divorce and co-parenting between continents | Jennifer Safian

{3:12 minutes to read} In our previous article, I wrote about the challenges that some divorced parents may encounter during the summer when children are on school vacation and out of their regular routine. In this article, I wanted to outline some of the challenges divorced parents are faced with when they live on different continents. I recently mediated a divorce for a French couple. They had three young children and had moved to New York several years ago, where the husband had received a job offer to work for a French bank. This job afforded the family many financial benefits for living abroad, but unfortunately the relationship between the parents was fraught with troubles, and the couple came to mediation to work out the terms of their divorce.

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

New Models of Mediation
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Authored by , re: Family & Divorce, on .
New Models of Mediation | Bob Bordett

When I got trained in mediation, we were told that you either did solo mediation (one mediator) or co-mediation (two mediators). Since then, divorce professionals have learned that there are endless permutations of effective methods to mediate. In this post, I describe a few of the arrangements I have encountered in the 30 years I have been doing this.

  • Integrated Mediation is the model that we developed here at Collaborative Practice & Mediation Services. It evolved from our experience with the interdisciplinary team approach used in collaborative divorce. In the Integrated Mediation model, we use two separate mediators: a credentialed financial specialist mediates the financial issues and a licensed mental health professional mediates parenting plan issues.

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

Why You Should Retain an Attorney to Prepare Your Medicaid Application
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Why You Should Retain an Attorney to Prepare Your Medicaid Application | Ronald A. Fatoullah

By Ronald A. Fatoullah, Esq. and James A. E. Asquith, Esq

{3:33 minutes to read} Many individuals are unaware that if they require long-term care, such care is only covered by Medicare or other primary health insurance for a short time. For example, Medicare may cover up to 100 days of nursing home care so long as the patient needs skilled care. However, if that patient requires care beyond Medicare’s coverage limit, then without any long-term care insurance, that patient would be responsible for the full cost of his care. With many nursing homes charging more than $500.00 per day, such a cost is unaffordable for many. Thus, Medicaid is the only option available to them.

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

DACA and the Sacrificial Lambs
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Authored by , re: Immigration law, LAW RELATED ARTICLES, on .
DACA and the Sacrificial Lambs | Mitchell Zwaik

{1:30 minutes to read} The reported discussions between President Trump and the Democratic leadership to extend protection for Deferred Action for Childhood Arrivals (DACA) recipients was welcome news but hardly cause for celebration. As always, the devil is in the details.
Most importantly, it leaves unanswered the issue of the other 10 million undocumented immigrants. Are they to be sacrificed to obtain status for Dreamers?

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

Anicich vs Home Depot U.S.A., Inc. — Part 2
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Anicich vs Home Depot U.S.A., Inc. — Part 2 | Alan Krystal

{3:30 minutes to read} In Part 1 of this article, we looked at the initial ruling dismissing a complaint brought by the estate of a woman murdered by her supervisor. The plaintiff chose to appeal the decision. Part 2 discusses the results of that appeal.

The Appeal

The court of appeals reiterated the general rule in Illinois tort law, which is that one person has no duty to prevent the criminal acts of another.The court also stated that employers can be liable for hiring and retaining an employee if they knew, or should have known, said employee was unfit for the job by creating a danger of harm to third persons.

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

SIMPLE Plans This Fall?
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Authored by , re: FINANCIAL ARTICLES, on .
SIMPLE Plans This Fall? | Susan Moussi

{2:22 minutes to read} Fall is in the air, and so a reminder about establishing SIMPLE plans, notifying employees, and making elections. SIMPLE plans are easy to set up, have a lower start-up and annual costs, and are simpler to operate in that there is no annual reporting. Employees decide how much to contribute, and the employer can choose one of two matching options. General Information

  • Plan establishment deadline date: October 1;
  • Maximum number of employees: 100; and
  • Election Period: Nov 2- December 31 (at least 60 days prior to the beginning of plan year which begins January 1).

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