Category: LAW RELATED ARTICLES

Text-Mess: It’s “What?!?!” For Dinner
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Authored by , re: Family & Divorce, on .
Text-Mess: It’s “What?!?!” For Dinner | Fabienne Swartz

{2:56 minutes to read} You’ve heard it before, and probably even said it: Today’s kids are not interacting with each other in the real world enough. They’ve replaced playing outside with their friends with playing on the computer, XBox, iPad, and who knows what else. When they communicate with each other, it’s through text messages. I feel like there’s a whole skill set of discerning other people’s moods that has atrophied in recent times.

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Think Before You Email!
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Think Before You Email! | Aimee B. Davis

{3:18 minutes to read} Have you ever sent an email you wish you hadn’t? The consequences can sometimes be catastrophic. One strategy for dealing with challenging or frustrating encounters is to write down everything you would like to say, and then not send the message. This allows you to step back and vent. More importantly, it allows you time to think about what you would like to say, rather than reacting quickly and emotionally. Often this exercise helps inform one’s actual response.

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Parties in Dispute: Their Wants vs. Interests and Needs
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Parties in Dispute: Their Wants vs. Interests and Needs | Bart J. Eagle

{4:15 minutes to read} In a mediation, after learning the basic facts and issues in dispute, the mediator will work to identify each party’s interests and needs; this is different than a party’s wants.” If a party has not already focused on her interests and needs, the mediator will help her do so. In this way, the mediator can help each party craft proposals that address her interests and needs and those of her adversary. The beginning of the road to settlement.

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Legal File Maintenance: What Must Be Kept for 7 Years and in What Format?
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Legal File Maintenance: What Must Be Kept for 7 Years and in What Format? | Chris McDonough

By: Chris McDonough Esq.[1]

Recently, on two separate occasions, I was contacted by experienced, well-respected attorneys with file and record retention questions. It seems there still is confusion regarding exactly which records must be kept for seven years and in what format those records may be maintained. This brief article will hit the high points. There are many excellent resources available to attorneys who require additional information, and anyone who wants more information should feel free to contact me.

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College Process Strategies for Divorced Families
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College Process Strategies for Divorced Families | Lauren Behrman

When the college-age children of divorced families begin their journey out of the nest and onto the quad, the best gift to give them is the peace of mind that comes in knowing their foundation is still there. The last thing they want—as they’re preparing for their SATs, ACTs and writing their essays—is to worry about the conflict between mom and dad regarding which colleges they can think about, because mom and dad have not come to an agreement in advance.

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You Can Sue, but You Can’t Hide
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
You Can Sue, but You Can’t Hide | Mark S. Kaufman

The United States Court of International Trade was recently the setting for an action brought by a company that wished to remain anonymous.

The plaintiff, referred to as XYZ Corporation, had been importing DURACELL batteries into the United States for 27 years. When goods that are genuine products of a trademark owner like DURACELL–but are manufactured outside the United States before being imported–they are called gray goods.

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Moving Forward – Part II
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Moving Forward - Part II | Clare Piro

{4:12 minutes to read} As I described in Part I of this post, it’s not unusual to feel completely overwhelmed upon hearing that your spouse wants a divorce. You think the last thing you are capable of doing is making good decisions about your children and your finances. But then you keep getting pushed by your spouse to start the divorce ASAP. You can tell your spouse that you need some time to process everything and get the support that you may need to move forward. Then, be reasonable in providing a time frame for when you will start, and stick to it.

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Do You Have Real Estate Problems?
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Authored by , re: LAW RELATED ARTICLES, Real Estate, on .
Do You Have Real Estate Problems? | Andrew Weltchek

Yes you do. If you own real estate in New York City, you have problems. Your boiler breaks down. Your basement gets flooded. Your contractor screws up. Your neighbor sues you. You and your commercial tenant get sued to provide handicapped access. Your neighbor won’t let you put up a scaffold to fix your wall. Your condo board won’t let you see its financial records. The list goes on.

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

Anyone interested in learning about “Recent Developments In Restrictive Covenant and Trade Secret Litigation” should consider attending a CLE program at the New York County Lawyers Association at 14 Vesey Street in Manhattan on November 1 from 6:30 p.m. to 8:30 p.m. with networking starting at 6:00 p.m. I am very pleased to say that I will moderate the program and serve as a panelist N.Y. and N.J. lawyer attendees will each receive 2 CLE credits. Non-lawyers are welcome to attend. Use this link to register. https://www.nycla.org/NYCLA/Events/Event_Display.aspx?EventKey=CLE101717

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How Can Illegal Immigrants Become Legal?
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Authored by , re: Immigration law, on .
How Can Illegal Immigrants Become Legal? | Mitchell Zwaik

{4:54 minutes to read} President Trump and many others in this country have been upset about the number of undocumented immigrants in the United States and the fact that few of them are obtaining permanent residency through the normal processing mechanisms. Although their grievance is understandable, it is also necessary to understand that the present system makes it impossible for most undocumented immigrants to “get legal.” It's because the current legal structure prevents them from becoming permanent residents.

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What About Us? Divorcing Couples Who Don’t Have Children – Part 4
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Authored by , re: Family & Divorce, MEDIATION, on .
What About Us? Divorcing Couples Who Don’t Have Children – Part 4 | Ada Hasloecher

{4:30 minutes to read} In the 3 previous parts of this series, we’ve identified 4 categories of divorcing couples without children (Part 1), covered couples married 1-3 years (Part 2), and couples married 3-10 years (Part 3). In Part 4, I am combining categories 3 & 4, as they have a tendency to overlap. Married for 10+ years with no children I would say at the outset that marriages over 10 years generally have a huge emotional component to them in addition to a more complex financial investment.

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When Love and Marriage Don’t Go Together like a Horse and Carriage….What’s Left?
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When Love and Marriage Don’t Go Together like a Horse and Carriage….What’s Left? | Cheryl Stein

Marriage is inherently deemed an economic partnership, according to the law, and upon its dissolution, the accumulated assets and interests are to be distributed on the basis of the economic needs and circumstances of the parties. Equitable distribution in New York is fact specific, and not a 50/50 split, like it is in the community property states, such as California, Arizona, Nevada, and Alaska.

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Tax Q&A for Recently Divorced People
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Authored by , re: Family & Divorce, on .
Tax Q&A for Recently Divorced People | Bob Bordett

Divorce is one of the most painful experiences anyone can go through. In addition to the emotional component, financial issues weigh heavily on the minds of the parties to any divorce. Unfortunately, there are just some things that don’t follow any logic and you just have to know. Here are a few of the most common:

  • What filing status options do I have if I am separated from my spouse? 

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Collaborative Divorce Following Financial Betrayal
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .

I recently presented a workshop entitled “Collaborating in the Face of Financial Betrayal” at the International Academy of Collaborative Professionals 18th Annual Networking and Educational Forum, alongside my colleagues, Certified Divorce Financial Analyst, Ivy Menchel and Divorce Coach, Abby Rosmarin. While this workshop was geared to the divorce professionals in the room, there are many lessons that anyone who has dealt with financial betrayal in his or her own marriage — and is contemplating divorce — should understand.

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It Starts with a Kiss
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It Starts with a Kiss | Fabienne Swartz

{2:57 minutes to read} I love coaching, because it exposes me to so many excellent people, both as my clients and as my colleagues. In fact, it was when I was speaking with a colleague that she introduced what I thought was a simple way to improve people’s married lives. It’s about the couple kissing passionately every day — and not a peck on the lips, but an intense kiss for at least 30 seconds. In other words, a “French” kiss (full disclosure: I am from Belgium and we just call them kisses).

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What are the Foundational Requirements for Mediation?
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Authored by , re: Family & Divorce, MEDIATION, on .
 What are the Foundational Requirements for Mediation? | Susan Ingram

{2:48 minutes to read} When you take it down to the bare bones, there are really only two essential elements that must be present in order for a mediation to be viable and ultimately productive: Willingness to Dialogue and Full Disclosure. Willingness to Dialogue First, there needs to be a basic willingness to come together and talk to each other.

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Trade Secret Litigation: The Inevitable Disclosure Doctrine in New York: Alive or Dead?
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Trade Secret Litigation: The Inevitable Disclosure Doctrine in New York: Alive or Dead? | Richard Friedman

In my September 15 article, I identified certain steps that companies seeking and defending against preliminary injunction motions under the Defend Trade Secrets Acts of 2016 (“DTSA”) should consider. We left the discussion of whether the inevitable disclosure doctrine could be relied upon when seeking a preliminary injunction for a later day. Today is that day. The Basics Where applicable, the inevitable disclosure doctrine allows a plaintiff company to establish a claim of trade secret misappropriation by demonstrating that a former employee’s prospective or new job will inevitably lead him to disclose the plaintiff’s trade secrets to his future or new employer or to rely on such information even where there is no evidence of actual disclosure.

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5 Common Pitfalls to Avoid In Your Child Custody Case
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5 Common Pitfalls to Avoid In Your Child Custody Case | Joshua Hecht

Child custody proceedings are difficult and stressful for both parents. With emotions running high, parents often unwittingly make poor choices that adversely affect both their children and their case. While not exhaustive, here are some common pitfalls to avoid in your child custody proceeding: Denigrating or Disparaging the Other Parent The courts recognize the obvious: that children thrive best when they have a healthy relationship with both parents. Nothing undermines that relationship more than when one parent one parent repeatedly denigrates or disparages the other to the child or otherwise pressures the child to choose sides.

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Whatever Happened to Cindy-Lou Who?
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Whatever Happened to Cindy-Lou Who? | Mark Kaufman

Earlier this year I wrote about a copyright dispute between playwright Matthew Lombardo and the estate of beloved children’s author Dr. Seuss. The issue was whether Lombardo had infringed on the Seuss copyright with his derivative play Who’s Holiday — or whether the play constituted fair use. As I wrote back in March: Who’s Holiday is a profane, one-woman show that documents the life of Cindy-Lou Who after the denouement of Grinch. It finds Cindy living in a trailer park, after having married the Grinch, whom Cindy had murdered (allegedly in self-defense), before the curtain lifts.

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What’s the Difference between You Guys and an Online Service?
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What’s the Difference between You Guys and an Online Service? | Deborah E. Kaminetzky

Recently, we had a former divorce client call us with happy news! She is getting married! Both parties have children from their former relationships, professional practices and assets that they would like to go to their respective children when they pass away. Understandably, our former client was a bit concerned about what might happen should the second marriage not work out. Having experienced a divorce before, she wanted to go into this one with her eyes wide open and wanted a prenuptial agreement that would cover all the bases.

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David’s Divorce Dictionary: Kellems
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David’s Divorce Dictionary: Kellems | David Kellem

David’s Divorce Dictionary: K is for Kellems Definition: a mechanical gripping device used to splice the ends of steel cables in elevators so that the harder they pull away from each other, the tighter the bond gets. A Kellems grip is like that “Chinese finger torture toy” most people played with as kids—a sleeve you put between your two index fingers which gets tighter and tighter the harder you try to pull your fingers apart.

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Even Happily Married Parents Disagree
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Even Happily Married Parents Disagree | Jennifer Safian

{3:18 minutes to read} Divorcing parents who choose to have joint legal custody of their children, i.e. joint decision making, are often concerned as to what happens if they disagree on issues regarding their children. I usually begin by reminding them that happily married parents may also disagree on whether the child should:

  • Go to private or to public school;
  • Fly as an unaccompanied minor;
  • Have a cell phone at an early age;
  • Get a tattoo.
These, of course, are just a few of the many questions that may come up and cause conflict between parents.

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Moving Forward – Part I
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Moving Forward - Part I | Clare Piro

{3:24 minutes to read} So, you just learned that your spouse had an affair, or you receive an unexpected request for a divorce. How do you react when someone you thought you knew, and your life with that person, is turned on its head? If you’re a really remarkable person, your first reaction would be to exhibit strength and grace in the face of this event that upends your world. If you’re like most of us, though, the first reaction would be a combination of sorrow, fear, anger, self-pity, self-doubt and “why me,” all of which can occur in rapid succession. In turn, you can feel completely overwhelmed and overcome with emotion.

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Are DIY Wills as Bad as People Say? Probably Not.
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Are DIY Wills as Bad as People Say? Probably Not. | Tom Sciacca

{Read in 6 minutes} More and more these days, people are drafting and signing legal documents they prepare themselves with the assistance of an automated software program or an online tool. Very often, people will ask me, “Tom, why should I come in and pay an attorney like you to write my Will when I can get it done online for a fraction of the price?”

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Intent to Use—Reserving Your Trademark Rights
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Intent to Use—Reserving Your Trademark Rights | Pat Werschulz

One of the questions I am most frequently asked by clients thinking about starting their own companies and businesses: When can I apply for my trademark? In the U.S. Federal trademark system, you can file two different types of applications. One is the Actual Use Application, also known as the 1(a) application, which is where you have already been using your trademark and you have had a bona fide business transaction. This means you just have to fill out the application and go through the process, which takes about eight months. Part of the application process is to submit the specimen that has actually been used. In most of the state systems that have trademark registries, this is the only time that you can apply for a trademark registration, when you are actually using it to conduct business.

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Is the Discharged Employee Entitled to Severance?
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Is the Discharged Employee Entitled to Severance? | Bart Eagle

{4:15 minutes to read}  In my last article, we discussed termination of an employee and the implications affecting both parties—employer and employee. This article continues the employee-termination discussion in regards to severance. Employees are only entitled to severance if provided for in an employment contract.

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Thinking of Going Solo? Be Prepared to Practice Law and Run a Business!
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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.

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