Category: Miscellaneous

Setting Boundaries and Sticking to Them
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Setting Boundaries and Sticking to Them | Aimee B. Davis

{3:36 minutes to read} When you do good work, the reward (curse) is MORE WORK! Let’s say you are the BOSS…You’re looking to staff an important project. You see someone not so motivated (Barney), then you see someone who will jump on it and do it (Mary). You know you have to get this job done, there’s a deadline.

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

 

Imagine: Positive Shifts in the Relationships Between the United States & Cuba
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Imagine: Positive Shifts in the Relationships Between the United States & Cuba | Saul Bienenfeld

“And the world will be as one.” The world-renowned music and lyrics of John Lennon symbolize the current trajectory of the relationship between the United States & Cuba. This is ironic, given Cuba’s historic view of The Beatles. In the 1950s and ‘60s, Fidel Castro said, “There will be no ‘Beatlemania’ in Cuba.” During that time in Cuba, The Beatles were considered to be a “vulgar, consumerist group” and “another tool of capitalist America,” (did he know they were British?) and people were actually imprisoned just for listening to the Beatles there.

Click here to read Saul Bienenfeld's full article...

Technology Takes the High Road in Warehouses
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Technology Takes the High Road in Warehouses | George Grace

Technology has improved the way warehouses and delivery trucks deliver. Recently I met with some clients who were in the market for a warehouse space. Normally, when discussing a space, the client’s greatest concerns include the square footage, IT connectivity, and usable space—but in the world of warehousing, technology has reset the paradigm, and vertical space has become even more prized than the two-dimensional area of usable space.

Click here to read George Grace's full article....

Proposed Elimination of 90-Day Interim Employment Authorization Document — Bad News for Immigrants
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Proposed Elimination of 90-Day Interim Employment Authorization Document — Bad News for Immigrants | Claudia Slovinsky

{5:30 minutes to read} USCIS has proposed to eliminate longstanding regulations that require the agency to grant an interim Employment Authorization Document (EAD) to an initial applicant if the agency does not adjudicate the EAD application within a 90-day period. The interim EAD, which is valid for up to 240 days, protects the rights of certain applicants for immigration benefits to continue or accept employment if the agency fails to adjudicate their EAD within a reasonable period of 90 days. Eliminating these regulations would greatly harm immigrants, their families (many of whom are U.S. citizens), and employers seeking to hire immigrants. In cases of USCIS inefficiency or delay, it would leave applicants without any viable remedy to enforce their right to work lawfully.

Click here to read Claudia Slovinsky's full article...

Filing an Extension with the IRS
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Filing an Extension with the IRS | Bob Bordett

Taxes are one of those unavoidable things that we have to deal with every year. The deadline stays relatively the same, but many of us nonetheless find ourselves scrambling to gather our documents. The reasons for this are as varied as the taxpayers themselves, but many times it simply comes down to being disorganized and lacking time management skills. If you are in no way ready to file your taxes, it may be time to file an extension.

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

Relinquishment: Letting Go
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Relinquishment: Letting Go | Carolyn Parr

There’s no sugarcoating it: losses hurt. Whether it’s “aging out” of favorite activities, loss of meaningful work, or even the death of a person you loved, slogging through the pain and grief and anger of loss is hard! But there’s another way. Acceptance may come slowly and feel forced. We greet it with tight lips and a closed fist. We resonate with Ann Lamott’s, “Everything I ever let go of had claw marks on it.” Our fist is being pried open. We feel like victims.

Click here to read Carolyn Parr's full article...

Spring Is Almost Here and So Is My Revitalized Website!
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Spring Is Almost Here and So Is My Revitalized Website! | Ada Hasloecher

Every so often it’s time to freshen things up and what better time to do it than the start of a New Year and the welcome approach of the burgeoning of spring. Although I’m launching my revitalized site in early March, it was almost a year in the making with lots of very hard work behind the scenes by my magnificent team, pushing every step of the way!

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

I’ll Divide the Marital Assets in Half as Long as My Half Is Bigger
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I’ll Divide the Marital Assets in Half as Long as My Half Is Bigger | Don Sinkov

{2:10 minutes to read} It was a beautiful day: the sun was shining, the birds were singing, and I was with a husband and wife who were very cordial and pleasant—until we began discussing money. That’s when things started going downhill really fast. Until we began discussing money. That’s when things started going downhill really fast.

Click here to read Don Sinkov's full article...

Do You Need a Consulting Attorney in Divorce Mediation?
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Do You Need a Consulting Attorney in Divorce Mediation? | Susan Ingram

{3:12 minutes to read} I just had a prospective client call me (I’ll call her Kate, and her husband Doug) to ask about divorce mediation. She told me I was highly recommended by another client of mine, and that she and her husband really wanted to mediate their divorce, but that she needed to consult with a divorce attorney first. When I asked why she felt that way, she replied, “All of my friends tell me I need to see a divorce attorney to know what my rights are.”

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

The Dissipation of Marital Assets
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The Dissipation of Marital Assets | Rachel Alexander

{4:31 minutes to read} Dissipation of marital assets is an important topic arising in matrimonial law and mediation. Towards the end of the marriage — (during the period when the marital relationship has irrevocably broken down) — during this period, when one spouse uses marital assets for his or her sole benefit, these expenditures may constitute a dissipation of marital assets. Dissipation must be evaluated based on the circumstances of each particular case.

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Misrepresentation of Facts on Your Insurance Application Could Spell Trouble
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Misrepresentation of Facts on Your Insurance Application Could Spell Trouble | Evan Schwartz

{2:20 minutes to read} Incorrect or false information on an insurance application could have major ramifications. Whether the insured is a business or an individual, applying for insurance means entering into a contract. The information provided on the application is considered a legal representation of facts, and the insurance company may rely upon this information to determine:

  • whether to issue a policy;
  • the cost of premiums; and
  • specific policy terms, exclusions, conditions or riders.

Click here to read Evan Schwartz's full article...

Necessity Is the Mother of All Invention
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Necessity Is the Mother of All Invention | Pat Werschulz

{4:10 minutes to read} I find it very interesting that I’m working with 3 mother-daughter teams. They are adult mothers & daughters and have been able to collaborate very successfully on some new inventions. Here’s the story of one of these mother-daughter teams: They had previously brought a garment idea to a patent attorney who didn’t quite “get it.” They thought it was because he was a man and that they’d have more success with their new garment idea if they brought it to a woman attorney.

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Your Taxpayer Bill of Rights
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Your Taxpayer Bill of Rights | Howard Lipset

Every taxpayer has a set of fundamental rights. The “Taxpayer Bill of Rights” takes the many existing rights in the tax code and groups them into ten categories. You should be aware of these rights when you interact with the IRS. Publication 1, Your Rights as a Taxpayer, highlights a list of your rights and the agency’s obligations to protect them. Here is a summary of the first four of ten Taxpayer Bill of Rights:

  1. The Right to Be Informed. Taxpayers have the right to know what is required to comply with the tax laws. They are entitled to clear explanations of the laws and IRS procedures in all tax forms, instructions, publications, notices and correspondence. They have the right to know about IRS decisions affecting their accounts and clear explanations of the outcomes.

Click here to read Howard Lipset's full article...

What to Do If You Have Been Charged with Cheating on the Bar Exam or Violating Other Rules of the New York Board of Law Examiners
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What to Do If You Have Been Charged with Cheating on the Bar Exam or Violating Other Rules of the New York Board of Law Examiners | Chris McDonough

The Board of Law Examiners (Board) has the authority to bring charges against a test taker (applicant) for any violation of their rules (22 NYCRR 6000). The violation can be based upon observation by a proctor, a report from exam security, a report by another test taker, or by computer detection software. They do not bring charges lightly, but when they do, it is usually a serious situation.

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

New Rules for Filing Your Information Disclosure Statement?
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New Rules for Filing Your Information Disclosure Statement? | Silvia Salvadori

{3 minutes to read} The United States Patent & Trademark Office (USPTO) is considering changing the rules for filing an Information Disclosure Statement (IDS). The current rules require: (1) a certification or the payment of a fee for filing an IDS after a first office action on the merits; (2) a certification and the payment of a fee, or a Request for Continued Examination (RCE) for filing an IDS after a final office action; or (3) a certification, the payment of a fee, and an RCE to obtain consideration of an IDS after a notice of allowance.

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Webinar: Virtual Workshop for Dentists
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Webinar: Virtual Workshop for Dentists | Stephanie J. Rodin

I am excited to announce that I will be hosting a webinar with business attorney, Elena Volkova on January 13, 2016 at 10:00am EST.  The dial information is 1-425-440-5100, pin 368421# or join from your desktop by clicking this link. We will be discussing the problems and pitfalls associated with running a private dental practice. The webinar will include vital information for:

  • new practitioners, who are starting to think about the future growth of their career;
  • those who are hoping to expand their dental practice; and
  • dental practitioners who are planning to leave the field or retire.

Click here to read Stephanie J. Rodin's full article...

Social Security Benefits for Children
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Social Security Benefits for Children | Daniel R. Burns

{2:36 minutes to read} After years of trying to stay together, John and Mary decided to end their marriage. They had 2 children, and the agreement that they reached in mediation required John to pay child support to Mary until each of the children were emancipated. During one of the mediation sessions, Mary expressed concern about how she would be able to take care of the children if John died or became disabled before they were grown. Click here to read Daniel R. Burns' full article...

The Difference Between Healthy Boundaries and Healthy Ways of Living
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The Difference Between Healthy Boundaries and Healthy Ways of Living | Brittany Starrantino

{2 minutes to read} During a recent session, a client and I were identifying unhealthy attachments in relationships and healthy coping mechanisms, one of which is accepting the importance of independence and single lifestyles. The fear of being alone is a “normal,” inherent feeling many of us experience. Because of it, we tend to repeat unhealthy relationship patterns over and over, get angry with ourselves and wonder how we ended up here yet again. Many of us have felt that need to combat the aloneness in some way, but have to agree that the quicker we rush into relationships, the more we seem to attract the unhealthy ones. In our discussion, we also explored her parallel tendency to isolate. This is an unhealthy coping mechanism used to help her manage the failed relationships.

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Is Mediation Too Risky for Some?
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Is Mediation Too Risky for Some? | Sig Cohen

As an elder (or adult family) mediator, I constantly wonder why more families with disagreements about caring for an older adult parent or handling vexing estate matters, don’t engage a mediator to help them resolve their disputes. Mediation can settle differences without time-consuming and expensive litigation, let alone aggravating already frayed intra-family relations. We’ve heard a lot about doing a better job of marketing ourselves.  More involvement with social media.  Better networking.  And so on. Click here to read Sig Cohen's full article...

Who Benefits From Mandatory Arbitration Clauses? Part 2
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Who Benefits From Mandatory Arbitration Clauses? Part 2 | Bart Eagle

{4:05  minutes to read} Click here to read part 1. It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to  include an arbitration clause in an agreement.  It is quite another thing when parties, even those engaged in commercial enterprises but of relatively unequal bargaining positions, agree, or are forced to agree, to an arbitration clause. An example of this would be an employment contract, where an employee must agree to a mandatory arbitration clause in order to get the job.  Similarly, customers – even sophisticated ones – who  open brokerage accounts typically must now agree to submit any and all disputes to arbitration or may not be able to open the account.  For better or worse, this has become de rigeur in the industry.

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

5 Things You Need To Know About Your Taxes And Divorce
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5 Things You Need To Know About Your Taxes And Divorce | Robert Bordett

If you divorce in 2015, there are a few important things to be aware of in order to avoid potential hassles. Use this quick cheat sheet well in advance of the filing deadline:

  1. Know your filing status. If you divorced anytime before and up to December 31, 2015, you are considered divorced for the entire year. There is no “part-time married filing jointly” category. You’ll either need to file as single or head of household, if you qualify.
  2. Review your settlement agreement in order to determine who can claim the children as exemptions.
  3. Ensure you have an IRS form 8332 signed, if required. This form is the release of claim to exemption for a child of divorced or separated parents. A copy of this form must be attached to your income tax return in order for you to claim the tax exemptions for children not living with you.

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When the Holiday Party Is Over
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When the Holiday Party Is Over | Joshua Katz

{2:55 minutes to read} Chestnuts roasting on an open fire, festive trees with glowing lights and stockings hung by the chimney… In contrast to all of these wonderful traditions, the holidays can greatly increase the stress on a troubled marriage. When there are incompatibility issues and you are spending more time in close quarters with your spouse and extended family, tempers often flare. Everyone tries not to make a scene in front of the children, but when the party’s over and the in-laws retire to the guest room, it all comes out.

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Don’t Say “I Can’t”
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Don’t Say “I Can’t” | David Zerella

{3:48 minutes to read} Like many people, I struggle with getting to the gym consistently. I like to workout and would like to be more consistent, but my exercise routines have historically been very cyclical. When I am in an action phase, my favorite workout is P90X. It’s a rigorous regimen and contains challenging exercises, many of which, when I haven’t been consistent, I may feel like I can’t do. However, it’s this same regimen where I first heard the adage, “Don’t say, ‘I can’t’; say, ‘I presently struggle with . . .‘” Given my cognitive behavioral background, this sentiment instantly resonated with me. The idea was simple reframing: changing the language can change how we think, which can change our behavior. Reframing the idea of “I can’t” and replacing it with “I presently struggle with” opens up the possibility for improvement and growth.

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The “Action Over Coverage” Insurance Problem for Small Contractors in New York
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The “Action Over Coverage” Insurance Problem for Small Contractors in New York | Seth Jonas

The issue of “action over coverage” has become a significant concern for small- to medium-sized contractors in New York, and it does not appear there will be any easy solutions any time soon. The issue generally arises when a contractor is hired for a renovation or construction project in a building and one of the contractor’s employees gets injured or accidentally injures someone else while working on the job. He can put in a claim for Workers’ Compensation, but he may also try to sue the property owner of the building he was working in, if his injuries were due to negligence on the part of building maintenance. The property owner will defend himself by claiming that he is also covered as an additionally insured party under the contractor’s insurance policy.

Click here to read Seth Jonas' full article....

Copyright Class Actions Part 3 – The Class Representative
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Copyright Class Actions Part 3 – The Class Representative | Joshua Graubart

{4:42 minutes to read} In my last post, I discussed the first set of criteria which a court must consider in certifying a potential class action: is a class the most efficient way to serve justice? If the court determines that a class is appropriate, it must then turn to the second set of criteria: whether the claimant(s) initiating the suit—the “representative plaintiffs”—are suitable to represent the class members. Again, it must satisfy itself as to two questions:

  1. Typicality: Are the claims made by the proposed class representatives typical of the claims of the class members as a whole?
  2. Adequacy: Will the proposed class representatives fairly and adequately protect the interests of other class members?

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

The Peace Within / The Peace Without
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The Peace Within / The Peace Without | Ada Hasloecher

{3:18 minutes to read} My friend, Paula Parish, shared one of those “had to share” emails with me just before Thanksgiving. Being as busy as we are these days, finding the time to read everything people send us is not always easy. But when Paula forwards something to me, I read it. And as usual, I’m so glad I did! The message resonated with me immediately, and I realized she handed me my holiday article already bundled up with a big, fat bow—thank you, Paula!

Click here to read Ada Hasloecher's full article.

Have You Protected Your Most Valuable Asset?
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Have You Protected Your Most Valuable Asset? | Michael Fliegelman

{1:42 minutes to read} While we can accumulate money and assets, there is one asset above all others that needs protection. That asset is our ability to continue to earn income. How do we protect it? With quality disability income insurance. Quality disability income insurance equates to “insuring the goose.” What most people do is insure all their golden eggs, but fail to insure the goose. As people get older, they are sometimes challenged by whether they should continue their disability insurance, or drop it and buy long term care insurance. Recently, I was interviewed by Forbes Magazine (“Long Term Disability Insurance vs Long Term Care Insurance”) on exactly when you should stop your disability insurance and start buying long term care insurance. I urge you to read the article because I think the decision is a very important one.

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

A Common Sense Guide To Prenuptial Agreements
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Over the past few years, my law and mediation practices have seen a significant increase in requests for prenuptial agreements.   My clients, whether they come from extensive family wealth, are self-made entrepreneurs, or young professionals just starting out in their careers, come to me with the best of intentions. They love their fiance and look forward to a long and happy marriage.  But sometimes their approach to the prenuptial agreement gets in their own way. The first thing to realize is that a prenuptial agreement, and the negotiations leading up to it, are often harbingers of what the future marriage will bring. Acrimonious prenup negotiations have a tendency to lead to acrimonious marriages, with long-term resentment and unhappiness. If you want to start your marriage out right, these are the best practices I suggest my clients follow to make the prenuptial negotiation process move forward with as much ease and as little acrimony as possible.

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