Category: LAW RELATED ARTICLES

Chinese Insights on the Art of Listening
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
Chinese Insights on the Art of Listening | Susan Ingram

{3:24 minutes to read}  During the holidays especially, we all seem to be doing more while at the same time finding less time and patience to accomplish what needs to be done. Our interactions and conversations with family, friends and others can end up being strained and less productive than usual. So I thought this was a good opportunity to re-introduce some concepts I’ve written about before on the subject of Active Listening.

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

The Benefits of Getting an Attorney Involved Early in the Deal Process
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
The Benefits of Getting an Attorney Involved Early in the Deal Process | Aimee B. Davis

{3:24 minutes to read} In October’s blog, Is a Letter of Intent Necessary in an M&A Transaction?, we suggested getting an attorney involved early in the deal process, even prior to finalizing a letter of intent. However, in transactions where there is no letter of intent, when is it appropriate to involve your attorney in the deal process?

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

David’s Divorce Dictionary: Money
avatar


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

David’s Divorce Dictionary: M is for Money

Definition: In divorce, the word money means “something of which there is not enough.” Based on my observations, the typical middle class family of four in eastern Massachusetts spends around $135,000 per year, after taxes, on a basic family budget:
  • Mortgage or Rent is about $30,000 per year;
  • Utilities and Heat are about $5,100 per year;

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

Urgent Creditor Alert: Significant Changes to Bankruptcy Rule 3002 Effective December 1, 2017
avatar


Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
Urgent Creditor Alert: Significant Changes to Bankruptcy Rule 3002 Effective December 1, 2017 | Michael L. Moskowitz

By Michael L. Moskowitz and Melissa A. Guseynov Creditors beware: changes are afoot and attention must be paid to these changes or your rights in bankruptcy may be prejudiced. We have previously written about the practices and procedures required under Rule 3002 of the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”). However, as of December 1, 2017, certain revisions to Bankruptcy Rule 3002 will both require secured creditors to file proofs of claim and substantially reduce the amount of time provided to creditors to file a proof of claim in Chapters 7, 12 and 13 bankruptcy cases.

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

Pathology Pointing: Why it Doesn’t Work in Divorce
avatar


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

What is the difference between Pollyannaism and a Balanced Realism Approach? {4:36 minutes to read} Pathology Pointing Our western medical model is pathology-based; our biology is organized around identifying problems. Evolutionarily, problems = danger. But could there be usefulness to hanging out in what is working? This takes a kind of courage — perhaps to overcome some fear that issues will get bigger or take over if you don’t keep watch over them. Who will do the worrying if I take a nap?

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

Current State of Restrictive Covenants Under New York Law
avatar


Authored by , re: Employment, LAW RELATED ARTICLES, on .
Current State of Restrictive Covenants Under New York Law | Richard Friedman

The Basics: What is a Restrictive Covenant?

As is well known, many employers include provisions in employment and severance agreements which are designed to limit former employees’ actions after the employment relationship has ceased. A restrictive covenant is a contractual provision restricting the activities of a former employee or agent or the former owner of a company for a fixed period after the cessation of the employment relationship or after the sale of the company in order to protect the employer’s legitimate business interests.

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

One Man’s ADA Troll is Another Man’s Civil Rights Activist
avatar


Authored by , re: LAW RELATED ARTICLES, Real Estate, on .
One Man’s ADA Troll is Another Man’s Civil Rights Activist | Andrew Weltchek

No one likes getting sued. Period. And if you think the plaintiffs are just pursuing a hustle it can make you even angrier. That’s how restaurant owners and landlords often feel about being sued by disabled plaintiffs — especially if they are serial plaintiffs. That is, if they’ve sued other restaurants — and gotten their legal fees paid by the defendants — because the front steps are too high, or the bathroom is downstairs, or the tables are too low, or whatever violates the Americans with Disabilities Act.

Click here to read Andrew Weltchek's full article...

Giving Your Children the Gift of Peace for the Holidays
avatar


Authored by , re: Family & Divorce, on .
Giving Your Children the Gift of Peace for the Holidays | Jeff Zimmerman

The holidays are stressful for families—and stress does not discriminate. It applies to families of all shapes and sizes including those that are intact, separated, or divorced. For families that have the additional challenge of recent divorce or separation, the first holiday season can be very difficult to navigate—there can, and probably will be, significant differences from what the children, and their parents, are used to (especially if the holidays are not celebrated together).

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

How Long Does Mediation Take?
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
How Long Does Mediation Take? | Susan Ingram

{3:18 minutes to read} When I first meet with my clients, they often ask me how long the divorce mediation process will take. My answer is: it depends. In reality, it depends on any number of different factors, such as:

  • How complex their issues are;
  • Whether they have children or not;
  • Whether they’re both “on the same page” as to the end of their relationship; and/or
  • Whether they’re waiting for certain events to occur (such as the sale of a home) before finalizing their arrangements.

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

Preserving Your Parental Relationship through Mediation
avatar


Authored by , re: Family & Divorce, on .
Preserving Your Parental Relationship through Mediation | Jennifer Safian

{3:54 minutes to read} Brad and his wife Claire had decided to divorce, and Brad paid his attorney a large retainer to file the divorce action. But when he told his wife, she proposed they resolve their divorce through mediation. Brad called me and was wondering whether they could come to mediation even though he had already filed. I told him he could. (See my two previous articles: Do We File for Divorce Before Starting Mediation? and Filing the Divorce Action)

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

Why Thanksgiving Matters (and It’s Not About the Turkey)
avatar


Authored by , re: Family & Divorce, on .
Why Thanksgiving Matters (and It’s Not About the Turkey) | Eileen Coen

Today I want to share a special gift.

Actually, some might call it “re-gifting” but I call it “paying it forward.”

Here is The Thanksgiving Reader, written by Seth Godin and freely distributed to thousands, maybe millions of people. Seth is one of my favorite bloggers, a best-selling author and prolific writer about leadership and doing work that matters.

Click here to read Eileen Coen's full article...

Ungrateful and Pissed Off? A Curmudgeon’s Survival Guide for Thanksgiving
avatar


Authored by , re: Family & Divorce, MEDIATION, Wellness, on .
Ungrateful and Pissed Off? A Curmudgeon’s Survival Guide for Thanksgiving | Rachel Alexander

{6:00 minutes to read} Don’t look now, but here comes Thanksgiving! When you are already in survival mode, a holiday can add insult to injury. If you are bracing for the holidays as a newly divorced family, maybe spending your first Thanksgiving without your kids or extended family, “celebrating” anything can seem absurd. Forced festivities can increase the sense of what’s missing and highlight not only what you are not grateful for, but what you’re actually pretty pissed off about.

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

What is the Difference Between Co-Parenting and Parallel Parenting?
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
What is the Difference Between Co-Parenting and Parallel Parenting? | Susan Ingram

{3:12 minutes to read} There are two basic concepts that describe the way in which parents raise their children following a divorce. These approaches are significantly different, and in fact, are at opposite ends of the parenting spectrum. One approach is referred to as Cooperative Parenting and the other as Parallel Parenting.

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

Why Schedule a Mediation Consultation?
avatar


Authored by , re: Family & Divorce, MEDIATION, on .
Why Schedule a Mediation Consultation? | Ada Hasloecher

{3:30 minutes to read}  There is no doubt that mediation is a lot less costly than litigation in every way – financially, emotionally and time-wise. The three main reasons people choose mediation are:

  1. They want to do things as amicably as possible;
  2. They want to do what is in the best interest of their children; and
  3. They want to save money.

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

Weltman & Moskowitz Forms Strategic Alliance with Chuhak & Tecson
avatar


Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
Weltman & Moskowitz Forms Strategic Alliance with Chuhak & Tecson | Michael L. Moskowitz

Founding partners Richard E. Weltman and Michael L. Moskowitz are pleased to announce that effective May 15, 2017, the attorneys at Weltman & Moskowitz, LLP have become Counsel to the Chicago-based Chuhak & Tecson, P.C. law firm. This alliance allows both firms to develop new relationships and to expand Chuhak & Tecson’s presence in New York and New Jersey. Both firms remain independent.

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

Why Do I Have to Pay My Neighbor to be Able to Work on My Building?
avatar


Authored by , re: LAW RELATED ARTICLES, Real Estate, on .
Why Do I Have to Pay My Neighbor to be Able to Work on My Building? | Andrew Weltchek

Because he can’t stop you from setting up your scaffold on his property, if that’s the only way to finish your job. It’s a trade-off. This is New York City, after all. Sometimes—in fact lots of times— the only way to work on your building is to set up on your neighbor’s property.

Click here to read Andrew Weltchek's full article...

Do I Need to Pay Income Taxes on My Inheritance?
avatar


Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Do I Need to Pay Income Taxes on My Inheritance? | Tom Sciacca

{Read in 6 minutes} One of the most common questions that I get from Executors and beneficiaries alike is whether or not a beneficiary must pay income taxes on their inheritance. This is an important question, so I thought I would address it here in this blog.

Generally, the answer is no! … with some notable exceptions.

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

Negotiating a Prenuptial Agreement Doesn’t Have to Feel Like Hell
avatar


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

The prenup was hell, but in the end it was almost as if that document became a repository for our anxieties, holding on to them so we didn’t have to.

~Abby Mims

The above quote comes from an article in The New York Times titled “Prenup Is a Four-Letter Word.” In the article, the author Abby Mims writes about her experience being asked to sign a prenuptial agreement. She and her fiancé had been together for a number of years and already had a child when they decided to marry — but the fiancé wanted a prenup.

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

Should You Mediate, Collaborate or Litigate Your Marital Issues?
avatar


Authored by , re: Family & Divorce, on .
Should You Mediate, Collaborate or Litigate Your Marital Issues? | Gayle Rosenblum

The vast majority of divorces and other family law-related issues end up settling. In this article, I will discuss how a settlement can occur in mediation, collaborative law, and yes, even litigation.

Mediation is a process in which two individuals must be ready, willing, and able participants to subject themselves to mediation. It involves a neutral party as a mediator, and that person may be an attorney — or not — who helps these two individuals resolve their differences. The key requirement is that there must be two willing participants. If only one is willing, mediation is not the right process.

Click here to read Gayle Rosenblum's full article...

Tax Tips for the Recently Divorced
avatar


Authored by , re: Family & Divorce, on .
Tax Tips for the Recently Divorced | Bob Bordett

We are only 10 weeks away from the end of the year. What does that mean for people who have gotten divorced in 2017? It means you have to get ready to file your tax returns for the year ending 2017 by April 16, 2018 (April 15 falls on a Sunday so you can file your return on April 16) or extend it. Remember, just because you extend it, you still have to pay any tax that you owe by April 16, 2018.

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

New Tax Treatment of Maintenance and Implications for Divorcing Couples
avatar


Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
New Tax Treatment of Maintenance and Implications for Divorcing Couples | Deborah E. Kaminetzky

There is a lot of buzz lately about possible changes to the tax treatment of Spousal Maintenance. The silver lining in the spousal maintenance cloud is that the payor can take the amount off their taxes as a deduction. The person who receives the maintenance has had to pay the taxes on it as income.

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