Category: LAW RELATED ARTICLES

Lender’s Passive Response to Debtor’s Inquiry Not an Attempt to Collect a Debt, Nor a Post-Discharge Violation of the Bankruptcy Discharge Injunction
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Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
Lender's Passive Response to Debtor's Inquiry Not an Attempt to Collect a Debt, Nor a Post-Discharge Violation of the Bankruptcy Discharge Injunction | Michael L. Moskowitz

By Michael L. Moskowitz and Michele K. Jaspan A familiar scenario which Credit Unions and other lenders face is when their borrower obtains a discharge in bankruptcy, but still wishes to maintain a banking relationship with lender rather than try and obtain credit with a different institution. It is also common for Credit Union membership agreements to include standard verbiage that if the Credit Union incurs a loss due to borrower’s activities, or if an account is maintained in a manner to cause a loss to the Credit Union, then, in that instance, the Credit Union may terminate all accounts and services.

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Resolving to Create Deep Peace for Your Children
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Authored by , re: Family & Divorce, on .
Resolving to Create Deep Peace for Your Children | Lauren Behrman

January was “National Child-Centered Divorce Month,” and we can take this opportunity to look in the rearview mirror and ask ourselves what type of parents we have been. Are we parents who provide our children with the best we have to offer—including fostering the healthiest relationship possible with the other parent?

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Cybersecurity: Understand Your Exposure
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Cybersecurity: Understand Your Exposure | Ryan J. Cooper

A critical component of a good cybersecurity plan is an analysis of the insurance policies to make sure they cover the kinds of loss that leave your business most vulnerable. In our last post, we covered one of the most common cyber threats, the CEO Fraud or Business Email Compromise. Businesses that fall victim to the CEO Fraud suffer what is known as a first-party loss, which is not covered by many cyber insurance policies.

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A Dead Person Owed You Money. Are You Screwed?
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
A Dead Person Owed You Money. Are You Screwed? | Tom Sciacca

{Read in 4 minutes} Every now and then someone will come into my office who has spent a significant amount of money on behalf of a person who is now deceased. Perhaps this person paid for the funeral expenses, or maybe they made a loan to the deceased during his lifetime and he did not survive long enough to pay it back (hopefully the person sitting in my office is not a loan shark who’s the reason that the debtor is deceased – that would probably take a different kind of attorney!). What rights do these people have and what steps should they take to enforce these rights?

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Do You Know the Story of Saint Valentine?
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Do You Know the Story of Saint Valentine? | Deborah E. Kaminetzky

Back in the days of the Romans, a law was passed that the soldiers were not allowed to get married because it was believed that romance would take their minds off of the battle and they would not do well. A Catholic priest named Valentine married about 200 soldiers to their girlfriends in secret. His actions were discovered, and he was put to death. Later he was made a saint.

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

Empathy or Sympathy: What’s the Difference?
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Authored by , re: Family & Divorce, MEDIATION, on .
Empathy or Sympathy: What’s the Difference? | Susan Ingram

{2:54 minutes to read} With all the conflict and negativity in the world right now, I feel like a refresher blog on the subject of empathy is in order. I came upon this short video, The Power of Empathy, four years ago. It continues to be as delightful and fresh as when it first appeared. And, it accomplishes its task in only 3 short minutes of viewing time! So I invite you to click on the image below, enjoy the video, and then continue with the rest of my article.

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

Abraham Lincoln Was RIGHT!
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Authored by , re: Family & Divorce, MEDIATION, on .
Abraham Lincoln Was RIGHT! | Ada Hasloecher

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, and expenses, and waste of time.” – Abraham Lincoln (circa 1850)

{2:36 minutes to read} As we pay homage to one of our most beloved presidents this month, I thought it would be a good idea to be reminded that Abraham Lincoln was a lawyer before he became our 16th president. He was known for his brevity; bracing, common sense; great wit; and his ability to cut to the heart of any issue.

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

Using a Co-Parenting Specialist
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Authored by , re: Family & Divorce, on .
Using a Co-Parenting Specialist | Jeff Zimmerman

Married couples with children have two distinct roles: spouses and parents. During divorce, the role of spouse ends; and the role of parent not only exists, but expands to two households. This results in a significant change to the “business of parenting.” Families need a parenting infrastructure that supports the two separate households —and co-parenting specialists can help!

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what lies beneath
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Authored by , re: Family & Divorce, on .
what lies beneath | jennifer safian

{4:06 minutes to read} In the early ‘60s, Marshall Rosenberg (1934-2015), an American psychologist, teacher and author, developed Nonviolent Communication, a process for supporting partnership and resolving conflict within people, in relationships, and in society. He worked as a peacemaker and founded the Center for Nonviolent Communication, an international non-profit organization for which he served as Director of Educational Services.

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Copyrights 101: What You Need to Know (Part 2)
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Authored by , re: Intellectual Property, on .
Copyrights 101: What You Need to Know (Part 2)

Last time we talked about how to get a copyright and when it takes effect. There are many things we use in our daily lives and you may wonder who owns the copyright.

Copyrights Owned by Individuals & Corporations

Any copyrights that are owned by individuals are always part of their estate. For work that was created after we became participants in the Berne Convention, the copyright lasts seventy years after the death of the last author. So, if you and your grandkids decide to write a song together, that copyright is going to last until you or your grandchild passes away. If you have a young grandchild, that could be pretty long.

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

Refueling With Self-Care
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Authored by , re: Family & Divorce, on .
Refueling With Self-Care | Fabienne Swartz

{1:41 minutes to read} If we give, give, give, give, give and do not create time for self-care, all that’s left of us is an empty gas tank—as opposed to a functional and happy person.

Loving and honoring oneself is the only way to ensure that you can do the same for the ones you love—and this is accomplished by dedicating time for enjoyable activities that refill the tank.

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Restrictive Covenants in Franchise Agreements Under New York Law
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Restrictive Covenants in Franchise Agreements Under New York Law | Richard Friedman

What Are They?

Restrictive covenants are often found in agreements between franchisors and franchisees. The purpose of such covenants is to prevent franchisees—who are the owners and operators of businesses such as “chain-style” stores and restaurants—from harming franchisors by providing similar goods or services after the franchise agreement expires or is terminated. Restrictive covenants can serve to protect the good will of the franchisor after the franchise is reconveyed. See Jiffy Lube Int’l, Inc. v. Weiss Bros., 834 F. Supp. 683, 691 (D.N.J. 1993).

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Child Support is More Than a Child’s Expenses
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Child Support is More Than a Child’s Expenses | Clare Piro

{3:48 minutes to read} While the New York Child Support Standards Act (CSSA) is not perfect, it does provide a sensible framework for addressing the indirect expenses that a parent experiences. These indirect expenses are the most difficult to calculate and the most difficult for the child support payor to understand.

“I’m willing to pay 100% of my children's expenses for clothing, activities, medical insurance and expenses –why should I have to pay child support?”

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

Copyrights 101: What You Need to Know
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Authored by , re: Intellectual Property, on .
Copyrights 101: What You Need to Know | Pat Werschulz

Copyright is an area of intellectual property that is just as important as patents and trademarks. There are a lot of questions and misconceptions about copyright:

  • How do you get a copyright?
  • Who owns the copyright?
  • When does a copyright take effect?
Step 1 – Date of Creation  In 1989, the United States became a signer of the Berne Convention. Under this international treaty,  copyrights take effect as soon as an idea is embodied in fixed media. What does that mean? It means if you write your idea down on a piece of paper, store on your hard drive, paint it on a canvas, carve it in marble, or capture an image — these are all ways of fixing in media.

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

Spotify Subject to New Copyright Infringement Claim
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Spotify Subject to New Copyright Infringement Claim by Mark Kaufman

The 19-billion dollar music streaming service Spotify found itself on the wrong end of a major lawsuit at the end of 2017. Wixen Publishing Inc. v. Spotify USA Inc. is still in the complaint phase, but the music industry press is already dissecting the merits of the case — as well as the possible implications of the verdict. Filed in the Central District of California, the case is another test of Spotify’s royalty payment practices after it settled a proposed class action worth 43 million dollars.

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What Not to Neglect in Your Estate Plan
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What Not to Neglect in Your Estate Plan | Ronald A. Fatoullah

By Ronald A. Fatoullah, Esq. and Yan Lian Kuang-Maoga, Esq.

{3:30 minutes to read}  Estate planning is not just for the wealthy. Additionally, it is not sufficient to simply write a will or trust and leave the rest to chance. Estate planning is a process in which an attorney reviews the client’s assets and implements a plan to ensure the proper management and distribution of the client’s assets upon incapacity and/or death. Individuals who engage in Do-It-Yourself estate planning often neglect certain aspects of a properly coordinated estate plan. The following are some examples of the items people tend to overlook.

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Therapy and Divorce
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Therapy and Divorce | Deborah E. Kaminetzky

Sometimes clients need help resolving personal issues that are not within my expertise. They may need to be able to come to terms with the loss of their marriage and the part they played in it. They frequently have stress and even post traumatic stress disorder. Since I am not equipped to treat them, I will refer them to someone who is. I recently sat down with my friend and colleague, Bill Solz, LCSW, CASAC of StressSolutionsNY.com to talk about how a therapist can be helpful during divorce.

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

David’s Divorce Dictionary: Opportunity
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Authored by , re: Family & Divorce, Marriage, on .
David’s Divorce Dictionary: Opportunity | David Kellem

David’s Divorce Dictionary: O is for Opportunity Definition: A chance to create something better, something good, out of something bad. In the critically-acclaimed movie “The Life of Pi,” the protagonist, having suffered horrible trauma, elected to see his experience as an opportunity to find creative beauty and God rather than evil and cold nothingness. The movie shows us that human reality is filtered by internal choices—we can choose to see dark clouds or silver linings; cups half-empty or half-full; one door closed or another opened up.

Click here to read all of David Kellems' full article...

Detaching Doesn’t Mean You Don’t Care
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Authored by , re: Family & Divorce, MEDIATION, on .
Detaching Doesn’t Mean You Don’t Care | Ada Hasloecher

{3:40 minutes to read} Ahhh – this is a tough one. What does it mean to live in the world and yet detach from it too? I love the concept of detachment, but how does this work in real life? We human beings are social creatures. We have families, marriages, children, friends, communities, neighbors, political affiliations, work colleagues and so on. Everywhere we turn, we are engaged one way or the other with people of all sorts, stripes, religions, ethnicities, cultures, states of mind and so on. And I would suggest that in all these areas of engagement we are involved because we care, because we love, because we want to make a difference.

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Powers of Attorney Are Best Left to Attorneys
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Powers of Attorney Are Best Left to Attorneys | Michael J. Fedele

Many of the inquiries we receive involve Powers of Attorney (POA) — and many of these inquiries deal with the ramifications of Do-It-Yourself (DIY) templates found online. DIY Powers of Attorney generally do not work out well for the principal and agent. Problems occur when they are tendered to a financial institution, title company, or other entity and they refuse it for one reason or another.

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How Camera Shy Are You?
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Authored by , re: Family & Divorce, on .
How Camera Shy Are You? | Cheryl Stein

Courtrooms are, for the most part, open to the public, and if you spend a day in a Supreme Court matrimonial part or Family Court courtroom, you will probably learn who is (allegedly) abusive, a dead beat, a drug addict or an alcoholic as the cases on the calendar are called one by one.

Many of the divorcing parties come to court dressed in their finest for the formal occasion, but as their case details unfold, they cannot clothe themselves enough to cover their vulnerabilities and deficiencies.

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Hope for the New Year
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Hope for the New Year | Clare Piro

{3:06 minutes to read} The concept of hope has been on my mind since a good friend recently told me that she will be awarded the Spirit of Hope award from her cancer support group. Throughout the many fears, disappointment, and pain that living with cancer inflicts, she has remained remarkably hopeful these past several years. She is the embodiment of hope to me, and she is truly deserving of this honor.

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How to Talk to Your Spouse about a Collaborative Divorce
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .

At the beginning of each new year, many couples who have been contemplating divorce make a final decision to move forward and end their marriage. That decision was probably hard enough to come to. But there is one more important decision the two of you have to make — HOW will you divorce? What process will you use? You may have heard about the collaborative divorce process from friends, or colleagues, or just your own research online. It sounds exactly like what you need, but you’re not sure how to talk to your spouse about the idea. The one thing you don’t want to do is try and force your spouse to use the process. You don’t want him or her to enter the process under duress. Instead, you want to make sure that your spouse has the information he or she needs to properly consider this process.

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