Category: LAW RELATED ARTICLES

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

The Price of Falling
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Authored by , re: Healthcare Management, on .
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...

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...

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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Authored by , re: Bankruptcy & Credit, on .
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...

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...

What About Us? Divorcing Couples Who Don’t Have Children – Part 2
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Authored by , re: Family & Divorce, MEDIATION, on .
What About Us? Divorcing Couples Who Don’t Have Children – Part 2 | Ada Hasloecher

{4:24 minutes to read} In the next few articles, we will be exploring the different issues in a mediation between couples who do not have children and those who do. In the first article of this series, I parsed out the 4 general categories that these couples may fall into. In the next few articles. I’ll reiterate those categories and expand on each.

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

CLE Program Announcement
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Authored by , re: Employment, LAW RELATED ARTICLES, on .

I will be moderating a CLE program entitled “The Virtual Workplace” at the New York County Lawyers Association at 14 Vesey Street in Manhattan on September 27 from 6:30 p.m. to 8:30 p.m. with networking starting at 6:00 p.m. N.Y. and N.J. lawyer attendees will each receive 1 Ethics CLE credit and 1 Skills and General CLE credit, respectively. Non-lawyers are welcome to attend. Anyone interested in cybersecurity is likely to find this program interesting! Rich

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

How Can I Protect My Trademark?
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
How Can I Protect My Trademark? | Pat Werschulz

People always ask me how they can protect their trademark. You protect your trademark by using your trademark. Now, assuming you’re entitled to use your trademark or brand name, because nobody else is using it for your type of goods or services, the way you develop rights and ownership is by using your trademark by selling goods or providing services. There are three levels of protection that, once you start to use your trademark, you develop your rights in.

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

Co-Parent Counseling for High-Conflict Parents
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Authored by , re: Family & Divorce, on .
Co-Parent Counseling for High-Conflict Parents | Lauren Behrman

Parents experience tremendous upset during divorce, yet despite this must still parent together.

When parents truly acknowledge the potential damage that their conflict can inflict on their children, many begin to find a way to work together so they can put their kids first. Still, some parents engage in negative intimacy—while they manage to legally divorce, they have not emotionally divorced.

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

Prepare Before the Emergency. Here’s What You Need!
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Prepare Before the Emergency. Here’s What You Need! | Rebecca Eddy

It’s hurricane season. As we brace for these large storms along the coast, other parts of the US are battling the unexpected: wildfires and extreme heat waves in the west. The time to prepare for the unexpected is before it happens. Most don’t anticipate or plan for these types of disasters, but consider the following hypotheticals:

  • Does your mother with Alzheimer's have aides who know what to do if the electricity goes out in her building (like during Superstorm Sandy)?
  • Can your uncle in a wheelchair be easily evacuated in the case of a fire?

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

Hanging Out the Mediator Shingle Does Not Make You a Qualified Mediator
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Hanging Out the Mediator Shingle Does Not Make You a Qualified Mediator | Clare Piro

{4:18 minutes to read} I’ve heard many complaints regarding divorce mediation:

  • “It might be okay for simple matters but not for anything complicated.”
  • “It’s too touch-feely.”
  • “You give up all of your rights when you mediate.”
These types of complaints are easily dismissed as biased and uninformed; however, there are some complaints I’ve heard which I agree should be taken seriously.

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

What Couples Need to Know About the Divorce Mediation Process
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Authored by , re: Family & Divorce, on .
What Couples Need to Know About the Divorce Mediation Process | Bob Bordett

In January of this year, I was honored to be featured in Stress-Free Divorce: Leading Divorce Professionals Speak. Unfortunately, something happened to me that has been happening all of my life: the book was published giving me credit as Robert B-O-R-D-E-T-T-E. I suppose it’s better than Bordebt, but it still makes finding me on Amazon impossible. That’s why for today’s post I am republishing the chapter I wrote for the book in its entirety.

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

Divorce On Your Mind? Fruit for Thought: Ripe vs. Unripe
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Divorce On Your Mind? Fruit for Thought: Ripe vs. Unripe | David Kellem

{Time to Read: 4 minutes} David’s Divorce Dictionary: R is for Ripeness Definition: As Shakespeare wrote in King Lear: Ripeness is all. In legal parlance, if a case is not “Ripe for Review” a court will decline to decide it—more facts need development or more preliminary procedures need to play out before the dispute is ready for judicial resolution.

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

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

{2:48 minutes to read} Separation and divorce often walk hand in hand with disruption and chaos, not to mention fear, anger and a lot of sadness. In the midst of dealing with all of these emotions, when there are children, parents have to give much thought to where the children will live, how much time they will get to spend with them, and how to help them manage their own emotions. We have written other articles about parenting plans, but in this article, I wanted to specifically address summer vacation and how parents may need to be more flexible with each other and the children.

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