Category: LAW RELATED ARTICLES

The Dirt Dictionary: ‘T’ is for Tenant Improvement Allowance
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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 This is also used to finance the overhaul of outdated spaces.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...

Hashtag Science!
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Authored by , re: LAW RELATED ARTICLES, on .
Hashtag Science! | Dana Heitz

This is making me batty. I’m fretting over citation format while supermassive black holes are churning away throughout the universe, and meanwhile, there are tube worms in the Gulf of Mexico older than the United States. What am I even doing?

{3:39 minutes to read} This excerpt of my typical thought process is brought to you by Science Daily, a blog I use to cleanse the old intellectual palate in between legal projects. Why would I want to take my focus from an appeal to aquatic locomotion in a plesiosaur? Because keeping an eye on “the big picture” is enormously helpful, both as a legal writer and a human being.

Click here to read Dana E. Heitz's full article...

How Can a Professional Organizer Ease Anxiety & Reduce Stress?
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Authored by , re: Healthcare Management, on .
How Can a Professional Organizer Ease Anxiety & Reduce Stress? | Cheryl Stein

While in search of rubber bands at his friend Andrea’s house, Tom opened a bureau drawer to find it completely filled with light bulbs and soap. In anyone else’s house, he might have been confused, but this combination was only one of the unconventional organizing methods employed in Andrea’s house.

Andrea has social anxiety, trouble using conventional organization methods, and is prone to memory lapses, which make her reluctant to discard old belongings.

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

Equality Schmality
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Authored by , re: Family & Divorce, on .
Equality Schmality | Cheryl Stein

Men often voice that they feel they get the raw end of the stick during divorce, without a larger understanding of their situation.

Generally, women are perceived as victims and sympathetic characters in divorce, both in the monetary and parenting realms.

People often ask me if I am a female- or male-oriented attorney and which sex I predominantly represent. I represent both equally, and each case is fact specific. At any given moment, I represent mirror image situations—for example, a female client who would like to impose that her ex keep to a very time specific visitation schedule, and a male client lamenting that his wife is overly rigid in demanding that his visitation must take place within very precise time frames.

Click here to read Cheryl Stein's full article...

How is Mediation Like a Jigsaw Puzzle or Launching a Ship?
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Authored by , re: Family & Divorce, MEDIATION, on .
How is Mediation Like a Jigsaw Puzzle or Launching a Ship? | Ada Hasloecher

{3:54 minutes to read} During my initial consultation, when I meet a couple for the first time, I think it’s important to put some context to the mediation process before they decide whether mediation is appropriate for them. So in addition to describing the process, distinguishing mediation from litigation and laying out the general topics and issues we will be working on together, I often offer two analogies to illustrate a way of thinking about how we will be accomplishing our goals.

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

The Supreme Court Allows a Limited Portion of the President’s Travel Ban
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Authored by , re: Immigration law, LAW RELATED ARTICLES, on .
The Supreme Court Allows a Limited Portion of the President’s Travel Ban | Mitchell Zwaik

{2:24 minutes to read} The Supreme Court recently allowed certain parts of the President's travel ban to go into effect. That travel ban had been halted or stayed by lower federal courts that claimed it was discriminatory and unconstitutional. What the Supreme Court has said in effect is that they will deal with that issue in the fall, but over the summer, they are going to let a small part of the travel ban go into effect.

The Court didn't permit the entire executive order to be implemented.

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

The Satisfying Life of a Mediator
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
The Satisfying Life of a Mediator | Clare Piro

{3:54 minutes to read} I just returned from the annual gathering of the NYS Conference on Divorce Mediation. This is my 12th conference, and I was as excited to go to this one as I was to my first. While the focus is on education with plenaries and workshops on various aspects of family law and mediation theory, there is undeniably another element that plays a very big part. Whether we do it full time or not, are experienced mediators or just starting out, we all feel that we are doing something that is fulfilling and gives us satisfaction. And we all want to share our knowledge and experiences with our colleagues and support each other in a way that I have never found in other professional organizations.

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

Pass Go & Collect: How to Patent Board Games
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Pass Go & Collect: How to Patent Board Games | Pat Werschulz

The Story of Monopoly… A patent is a limited monopoly that the government grants for an invention. The government granted inventor Charles Darrow a patent US2026082A on the board game Monopoly in 1935. There’s some controversy about the 1935 patent: Darrow learned about another game called “The Landlords’ Game” that was patented in 1904 by a woman named Elizabeth Phillips. That game was created as an educational tool about monopolies in the landlord/tenant context. Darrow first played The Landlord’s Game in 1933; he changed the game enough to earn a patent on his version, Monopoly, two years later. Monopoly was one of many board games that became popular in the post-Depression 1930s, when people couldn’t afford to go out much.

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

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

{3:06 minutes to read} As discussed previously, in the United States, copyright and patent law are explicitly anticipated in Article I, section 8, clause 8 of the U.S. Constitution, which accords to Congress the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” It is worth pointing out that the words “science” and “useful arts” were understood somewhat differently in the 18th Century than they might be today. “Science,” in the parlance of the era, had a meaning closer to “knowledge”[1]; the “useful arts” were what we might now call “technology.”[2] Accordingly, the references to “science” and “writings” underpin the present copyright law; the references to “useful arts” and “discoveries” underpin the present patent law.

Click here to read Joshua Graubart's full article...

Do Your Clients Consider You to Be a Trusted Advisor or a Scribe?
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Do Your Clients Consider You to Be a Trusted Advisor or a Scribe? | Aimee B. Davis

{4:00 minutes to read} As a solo, my role has shifted over time from acting principally as a legal scribe to more of a trusted advisor to many clients. Occasionally, a client makes it clear they prefer me to stay in my legal lane and not offer business advice. I find this tension exists for other professionals as well, so I interviewed Larry Cohen, Partner-in-Charge, Business Management Hospitality Group Leader at Marks Paneth LLP, to gain his sage perspective.

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

So You’ve Decided to Die? It’s Not as if You Had a Say In It …
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
So You’ve Decided to Die? It’s Not as if You Had a Say In It … | Tom Sciacca

{7 minutes to read} Newsflash…you’re going to die. Don’t take it personally. Your kids are going to die, too, and your parents, and your spouse—and me, right? Death happens to all of us. Many of the questions that I get as a Trusts and Estates attorney are questions about funerals. What are the choices, and do your wishes belong in your Will or not?

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

Training a New Generation of Collaborative Professionals
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Training a New Generation of Collaborative Professionals | Lauren Behrman

Early in May, I had the opportunity to be a trainer in NYACP’s Basic Interdisciplinary Collaborative Divorce Training. My training team consists of two attorneys, MaryEllen Linnehan and Deb Wayne, and a financial neutral, Marty Blaustein, and myself as the mental health professional. Even though we’ve offered this training many times before, our team worked for a year and a half to reinvigorate it—making it more user-friendly and accessible.

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

Family Disputes: Selling The Family Home
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Family Disputes: Selling The Family Home | Gary Shaffer

{3:54 minutes to read} Our mental attics can store lots of emotional content when it comes to a family home. For many families, selling that home may be sad, but not otherwise a source of contention. It can even be a relief. But for others, selling the home can create conflict. While there can be an almost infinite source of such conflicts, mediation can provide a way to ease or even resolve them. Money and emotion are almost always intertwined in a dispute over the family home, and any attempt at resolution must address both. Ideally, the issue is addressed before a dispute arises...

Click here to read Gary Shaffer's full article....

If You Don’t Succeed, Endure
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Authored by , re: LAW RELATED ARTICLES, on .

{4:07 minutes to read} As a legal writer and researcher, I'd like to think there is no precedent I can’t pluck, no citation I can’t unearth. And in my career, this serves me well. But upon venturing outdoors the universe has a way of reminding one that there’s still a lot to learn. A few weeks ago I undertook my fourth half-Ironman triathlon and wound up taking a master class in setbacks. The pretty, but notoriously hilly, Connecticut course seemed like the perfect setting to invite my parents to come watch me compete.

Click here to read Dana E. Heitz's full article...

Did You Forget About Your Own Career During Your Marriage?
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Authored by , re: Family & Divorce, on .
Did You Forget About Your Own Career During Your Marriage? | Fabienne Swartz

{3:15 minutes to read} Every divorce is unique. On one end of town, there may be a family struggling to make ends meet, who literally can’t afford to start the divorce process. On “the other side of the tracks,” there may be another family worth millions, thanks to the husband’s brilliant career, which was only made possible by the wife’s sacrifices. Unfortunately, the comfort that she enjoys is more like getting renovations done on a house that she’s renting; it may be nice while she lives there, but in the case of a divorce, she would have to move out and the landlord (her husband) will enjoy the spoils of her toils.

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

What is the Difference between Legal Advice and Legal Information? How does that Affect the Role of the Mediator?
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
What is the Difference between Legal Advice and Legal Information? How does that Affect the Role of the Mediator? | Deborah E. Kaminetzky

People often ask: how do you reconcile the role of the mediator and the role of the attorney when you are doing mediation? When doing a mediation, the mediators’ role is to help the people decide for themselves what course of action they want to take. As a mediator who is also an attorney, I of course have a very good idea as to what would pass muster in the agreement so that it would be likely signed by the Judge.

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

Thinking a Cheating Spouse Will Get You a Better Deal Can be a Critical Mistake
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Authored by , re: Family & Divorce, on .
Thinking a Cheating Spouse Will Get You a Better Deal Can be a Critical Mistake | Daniel R. Burns

{1:48 minutes to read} Many people are under the mistaken belief that they are entitled to a better financial settlement because their spouse had an affair. The reality is that even before New York adopted a No Fault Divorce law in 2010 the courts rarely “punished” a spouse for “marital misconduct.” Even if they did it only happened if the court found the behavior of a spouse was “egregious,” meaning that it offended the sensibilities of the court.

The other reality is that courts simply do not have the time or interest in hearing why your marriage is ending. While most judges care about what happens in every case, most simply don’t have the time to address matters that will not change the outcome.

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

The Prenup Elephant and Mediation
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
The Prenup Elephant and Mediation | Jennifer Safian

{2:42 minutes to read} Prenups have a bad reputation and often create much unrest between a couple while they are excitedly preparing to go down the aisle. Flowers, music, and invitations sound much more fun than talking about “what happens if we get a divorce?” Usually prenups are requested by the party who comes into the marriage with more assets, either from their family, or in the case of later marriages, earned by that party prior to the marriage. I have met with several couples where this was the case, and the less moneyed party is usually very hurt and questions: “You want me as your spouse, but then you talk about divorce? How do you think this makes me feel?”

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

Mr. President: May I Say Something?
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Mr. President: May I Say Something? | Mark Kaufman

As readers may recall, we previously wrote about the confidentiality agreement imposed by then-candidate Donald Trump upon those who worked in his campaign. In that agreement, the workers literally were required to consider, as the definition of “confidential,” anything that Donald Trump determined, in his sole discretion, to be confidential. Now, he is President, and he apparently thinks that’s still true (presumably without doubting whether it was true before he was President).  Trump seems to see his view of confidentiality (and non-disparagement) is enforceable upon any and all U.S. Government employees — including ex-FBI Director James Comey, who did not sign any such confidentiality agreement, nor could be compelled to do so. Apparently, that’s why he threatened to bring a lawsuit against the former FBI director on the basis of “leaking.”

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

Why Do I Love What I Do?
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Why Do I Love What I Do? | Joy Rosenthal

Our families grow and change over our lifetimes. We transition from the family we were born into to the ones we create. We form different types of families by falling in love, by having babies, by adopting children, by divorcing, by being step-parents, by having (or being) God parents, or by treating extended family like our own. Our children grow up and leave, our parents may move in with us. As a result, the idea of the nuclear family is becoming more and more obsolete. I’ve always been fascinated by these myriad different configurations, and by how our families grow and change. I see myself as a shepherd—to assist people with these family transitions. I try to help people be mindful about the processes they are using, and to make these changes in a way that is creative and supportive and as smooth as possible. And it is an honor and a privilege to do so. Here are some examples of the work that I do:

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

Revised version of Form I-9, Employment Eligibility Verification
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Authored by , re: Immigration law, on .
Revised version of Form I-9, Employment Eligibility Verification | Jeff Margolis

By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 . Until then, they can continue to use the version dated 03/08/2013  or the new version.  Overview Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals.

Click here to read Jeff Margolis's full article

Foreign Filing License & Your Filing Receipt
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Foreign Filing License & Your Filing Receipt | Pat Werschulz

Most people who are filing for a patent in the United States don’t even realize that, at the same time, they’re applying for a foreign filing license. What’s that? Well, it turns out that if some or all of the inventive process takes place in the United States, before you can apply for a patent outside of the United States, you must be granted a foreign filing license.

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

Lender Alert: Bankruptcy Court Concludes that a Lawful and Non-Collusive Foreclosure Sale Is Not a Preference
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Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
Lender Alert: Bankruptcy Court Concludes that a Lawful and Non-Collusive Foreclosure Sale Is Not a Preference | Michael L. Moskowitz

By Michael L. Moskowitz and Melissa A. Guseynov

In a recent decision of particular relevance to mortgage lenders, Veltre v. Fifth Third Bank, 2017 WL 387361 (Bankr. W.D. Pa. Jan. 27, 2017), the United States Bankruptcy Court for the Western District of Pennsylvania held that property sold at a properly conducted and non-collusive foreclosure sale may not serve as the basis for a preference action under section 547 of the Bankruptcy Code. This decision focuses attention on the debate over whether a creditor who forecloses on real property receives a preference or fraudulent transfer, even if the foreclosure sale complied with applicable state law.

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

Second Marriages: Why a Prenuptial Agreement is Wise
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .

As we get older we’re supposed to get wiser. In fact, I would rank increased wisdom at the very top of the benefits of aging. So why do so many people enter their second or even third marriages ignoring what they know? The statistics prove these marriages are more likely to end in divorce than first marriages. If you’ve been divorced before, you know what you don’t want from a future divorce: You don’t want the process to take forever and be expensive. You don’t want to have little control over the process. You don’t want to end up hating your ex-spouse. A thoughtfully negotiated prenuptial agreement can help you avoid all of this by making it clear what financial expectations each spouse has during the marriage and what the outcome will be if the marriage ends.

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

Why is DHS Delaying the Additional H-2B Visas Authorized by Congress?
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Authored by , re: Immigration law, on .
Why is DHS Delaying the Additional H-2B Visas Authorized by Congress? | Mitchell Zwaik

{2:06 minutes to read} A recent article in the New York Times has highlighted the fact that the Department of Homeland Security (DHS) has not yet extended, or increased, the number of H-2B visas, despite the fact that Congress authorized an increase. It seems logical that Congress would not have authorized it if they did not intend for DHS to issue these visas.  These visas are for seasonal workers who typically come into the United States for periods of 6, 8, or 10 months in order to work for companies that have a high need for employees during certain periods of time. Here on the east end of Long Island, traffic in the Hamptons explodes during the summertime. If you travel to the Hamptons at this time of year, you will see "Help Wanted" signs everywhere you go.

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

Metadata and Preservation of Client Confidences
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Authored by , re: LAW RELATED ARTICLES, on .
Metadata and Preservation of Client Confidences | Chris McDonough

While recently participating in a lecture, I had the opportunity to review some material on metadata. While most of the information was irrelevant to my practice, I did take away something important regarding preservation of client confidences and protection of privileged information when sending documents electronically. First, understand that under RPC 4.4, unintentional misdelivery of information or documentation to an opponent requires only that the recipient advises you of its receipt. There is no prohibition against the subsequent use of such received information under the Rule. Thus, misdelivery of information to an opponent can provide them with an unintended advantage, and may result in a charge of malpractice.

Click here to read Chris McDonough's full article...

Using a Deferred Appendix in the US Court of Appeals for the Second Circuit
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Authored by , re: LAW RELATED ARTICLES, on .
Using a Deferred Appendix in the US Court of Appeals for the Second Circuit | Liza Bobo

{1:42 minutes to read} As we explained in this earlier article, in the Second Circuit Court of Appeals, the parties must agree on the contents of the Joint Appendix before the case is served/filed/ECF filed; if they don’t, then this situation must be brought to the case manager’s attention.

Most often, parties know what they want to argue in their briefs and therefore have no trouble agreeing to the contents of the Joint Appendix, but, if the lower court documents are voluminous or the parties need more time to designate the contents of the Joint Appendix, then in these situations, under Second Circuit Local Rule 30.1(c) and FRAP. 30(c), the parties can stipulate to using a Deferred Appendix, or (if the appellee doesn’t agree) the appellant can move for leave to file a Deferred Appendix.

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

They Came to Liberate, Not To Conquer
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Authored by , re: Family & Divorce, MEDIATION, on .
They Came to Liberate, Not To Conquer | Ada Hasloecher

{3:54 minutes to read} You will likely be reading this after the July 4th holiday, but I wrote it right after the Memorial Day weekend. There is a synergy about the timing. During the Memorial Day weekend this year, as every year, there were lots and lots of movies and documentaries on TV extolling the virtues, triumphs, and tragedies of the wars that were fought to defend our and our allies’ freedoms throughout our history.

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