Category: LAW RELATED ARTICLES

Mediation and the Japanese Art of Kintsugi
avatar


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.

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

Helpful Guidelines to Follow in Mediation
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
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!

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

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


Authored by , re: Family & Divorce, on .
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.

Click here to read Lauren Behrman's full article...

Think Before Delving into a Side Business
avatar


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.

Click here to read Harlan Levine's full article...

Blaming Your Spouse for Ending the Marriage Can Be a Critical Mistake
avatar


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…
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
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.

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

Cybersquatter Gets Swatted Down
avatar


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.

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

What is a QDRO?
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
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.

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

Need Help with a Trademark? Consult a Law Student!
avatar


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.

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

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


Authored by , re: LAW RELATED ARTICLES, on .
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.

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

should we provide answers or ask questions?
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
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.

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

Moving Out?
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
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!

Click here to read Joy Rosemthal's full article here...

Six Opinionated People: a Look at Probate Juries
avatar


Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
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.

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

Letting Go: How Forgiving Others is a Gift to Yourself
avatar


Authored by , re: Family & Divorce, on .
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.

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

Will Nesting Work for Us?
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
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.

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

New York Bankruptcy Judge Bars Mortgage Modification on Debtor’s Two-Family Mixed-Use Home
avatar


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.

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

Exciting News for Levin-Epstein & Associates
avatar


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.

Click here to read Joshua Levin-Epstein's full article...

Business Owners! Compliance with Laws & Regulations has Become a Full-Time Job
avatar


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.

Click here to read Harlan Levine's full article...

How is Mediation Like Solving a Puzzle?
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
How is Mediation Like Solving a Puzzle? | Susan Ingram

{2:52 minutes to read} When I’m first meeting with couples in divorce mediation, I find most people have little knowledge as to how mediation actually works. The metaphor of putting together a jigsaw puzzle, an activity most people are familiar with, is very helpful in illustrating the process. Mediation typically takes much less time than litigating a divorce – often a matter of months as opposed to a year or more with a contested divorce. But that doesn’t mean mediators “cut corners” as we move through the process with our clients.

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

7 Things Your Mediator Wants You to Know, Part 1
avatar


Authored by , re: Family & Divorce, on .
7 Things Your Mediator Wants You to Know, Part 1 | Melissa Burns

{2:42 minutes to read} When I tell people that I am a divorce mediator, it is usually met with a response such as, “Wow, you must have seen everything!” or “That must be a very challenging profession.” The answer is, yes, I have encountered many different scenarios, and sometimes it is challenging. But these are two important reasons why I do this work. Going through a divorce is very challenging and stressful. Mediators often see people at their worst. Why would anyone want such a private matter as their divorce to be made public? In Parts 1 and 2 of this article, we will share some things your mediator wants you to know.

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

Did You Remember to Account for your Pets in Your Estate Plan?
avatar


Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Did You Remember to Account for your Pets in Your Estate Plan? | Tom Sciacca

{Read in 6 minutes} Many of us are fortunate enough to have wonderful pets in our lives that we love as if they were our own family members (because they are!). When writing a Will, clients often focus more on their monetary assets and are less focused on what will happen to their pet upon their death. This is not a reflection of their love or devotion to the animal(s) — it’s just not something that comes to mind as an estate issue. However, any Will that doesn’t fully address a client’s needs is certainly a pet peeve of mine (if my readers will excuse the pun).

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

Our Intention to Create Group Wisdom in Collaborative Practice: Let’s Brainstorm this Idea Together!
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Our Intention to Create Group Wisdom in Collaborative Practice: Let’s Brainstorm this Idea Together! | Lauren Behrman

As I sat in a recent five-day workshop on how to design and lead a transformational workshop, I had a “Eureka!” moment. My intention in attending the workshop was to develop transformational workshops for people who were recovering from divorce or facing transitions in their lives.

Click here to read Lauren Behrman's full article...

Enforceability of Non-Compete Provisions in NY When Involuntary Termination Is Without Cause
avatar


Authored by , re: Employment, LAW RELATED ARTICLES, on .
Enforceability of Non-Compete Provisions in NY When Involuntary Termination Is Without Cause | Richard Friedman

A question that is or should be important to employers and employees alike is whether non-compete provisions in an employment agreement can be enforced in New York when the employee is terminated involuntarily without cause. As is well known, the law regarding restrictive covenant provisions such as non-competes is a matter of state law. Although disfavored in the typical employment context under New York law on the grounds that they interfere with a person’s right to earn a living, non-compete provisions are enforced if the terms are:

  1. no greater than required to protect an employer’s legitimate protectable interests and
  2. reasonable in temporal and geographic scope.

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

How Well Do You Listen?
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
How Well Do You Listen? | Jennifer Safian

{3:00 minutes to read} Did you know that the words, listen and silent have the exact same letters? Let’s think about this for a moment: SILENT and LISTEN. How else are they connected? Do you ever find that you are not getting anywhere when trying to resolve an issue with someone? One of the reasons could be that you have not been heard or you have not heard what the other person has to say. How can you resolve something when you don’t have a clear understanding of what is involved?

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

Does an Agreement Have to be in Writing to be Enforceable?
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Does an Agreement Have to be in Writing to be Enforceable? | Bart Eagle

{5:45 minutes to read} Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In the world we live in, we make agreements with other people, with companies, and with other businesses. Sometimes they’re formal and in writing, but other times (in the real world), they are not. Can that agreement be enforceable if it’s not in writing? It could be. If it is in writing, is it foolproof? First, written agreements obviously are preferred. In a perfect world, all agreements would be in writing. How foolproof are they? To the extent that they clearly state the intentions of the parties, the parties should be able to rely on that agreement to enforce its terms. Clarity is what is important. Parties should try and make sure, and have their lawyers make sure, that their written agreements state very clearly what they’ve agreed upon.

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

The Dirt Dictionary: ‘T’ is for Tenant Improvement Allowance
avatar


Authored by , re: Commercial Real Estate, Real Estate, on .

Yes, you know this, but this column is a dictionary (of sorts), so let’s define a TIA—tenant improvement allowance—as the amount of money a landlord will give toward preparing a space for occupancy and delve into it.

Typically, a TIA is stated either as a per-square-foot amount or a fixed sum. Any overage is borne by the tenant. The rationale for giving the TIA is to attract quality tenants (especially useful in a soft market). This is also used to finance the overhaul of outdated spaces. The amount is totally negotiable, so tenants are well advised to rely on their savvy local brokers to guide them.

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