What is NYC’s Next Hip Neighborhood—Hudson Yards?
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Authored by , re: Commercial Real Estate, on .
What is NYC’s Next Hip Neighborhood—Hudson Yards? | Ruth Wharton

Hudson Yards is the largest private real estate development in the history of the United States, and the biggest development in New York City since Rockefeller Center. When completed in 2025, Hudson Yards will have several NYC firsts, including: New York’s first Neiman Marcus, a collection of restaurants curated by Chef Thomas Keller, and The Shed, a new center for artistic invention. In addition, there will be 14 acres of public open space, a 750-seat public school, and an Equinox® branded luxury hotel with more than 200 rooms. The development of Hudson Yards will create more than 23,000 construction jobs.

Click here to read Ruth Colp-Haber's full article...

Another Reason to Keep Your Custody Dispute Out of Court: It’s a Black Hole
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .

Kafkaesque: of, relating to, or suggestive of Franz Kafka or his writings; especially: having a nightmarishly complex, bizarre, or illogical quality, as in Kafkaesque bureaucratic delays. (Miriam-Webster online dictionary) As ProPublica recently revealed in detail, Kafka’s dystopian vision is a terrifying reality for many New Yorkers who have had judges appoint forensic psychologists in their custody dispute cases. In Joaquin Sapien’s thorough (and thoroughly disturbing) article, For New York Families in Custody Fights, a ‘Black Hole’ of Oversight, he reports on the story of a mother separated from her son as a result of an error-filled and incomplete analysis made by a court-appointed forensic psychologist.

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

Intellectual Property: Are You Set Up For Success?
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Authored by , re: Business Law, Intellectual Property, LAW RELATED ARTICLES, on .
Intellectual Property: Are You Set Up For Success? | Bettina Eckerle

One of my mantras when advising clients is to pay particular attention to their intellectual property when thinking about building value in their companies. This requires a comprehensive IP strategy that covers IP creation and protection. It is best started from the get-go, but it is never too late. You’ll need it to build and protect your IP assets to help you to monetize what you have built.

Click here to read Bettina Eckerle's full article...

SCOTUS ALERT: Supreme Court Holds That Bankruptcy Courts Lack Power to Utilize Structured Dismissals in Violation of Priority Rules
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Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
SCOTUS ALERT: Supreme Court Holds That Bankruptcy Courts Lack Power to Utilize Structured Dismissals in Violation of Priority Rules | Michael L. Moskowitz

By Michael L. Moskowitz and Melissa A. Guseynov

On March 22, 2017, the United States Supreme Court held that bankruptcy courts lack the power to dismiss chapter 11 cases by structured dismissal if they provide for distributions that do not adhere to the Bankruptcy Code’s priority rules without the consent of the affected creditors. Czyzewski et al. v. Jevic Holding Corp. et al. (Case No. 15-649) (Sup. Ct.).

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

No Trademark? No Problem
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
No Trademark? No Problem | Mark Kaufman

An interesting case was recently decided in the Southern District of New York called Charisma World Wide Corp v. Avon Products. It appears to be a case over intellectual property rights, but decided without relying on intellectual property law. The case was over a technical analysis as to whether the court had subject matter jurisdiction to even listen to the complaint. It hinged on the court’s analyzing whether the conduct that the plaintiff was complaining about had a substantial effect on domestic (that is, U.S.) commerce. Charisma World Wide Corp. (Charisma) is a Panamanian company that sells “renowned products” in Panama under the trademark “Charisma.” America’s own Avon, of door-to-door sales, fame, had been selling similar products in Panama, also called “Charisma.” Both products are cosmetics and, to a casual observer, seem like exactly the same thing.

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

What Actually Happens at a Real Estate Closing?
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What Actually Happens at a Real Estate Closing? | Peter Roach

A real estate “closing” is the event where parties meet in order to consummate a real estate transaction. At a typical real estate closing, where one party is selling real estate to another, the parties who will attend the closing consist of the sellers and their lawyer, the buyers and their lawyer, the bank's attorney, the title closer, and one or more real estate brokers

If the purchase is being financed, there are actually two transactions that occur simultaneously; the sales transaction between Seller and Purchaser and the mortgage transaction between Lender and Borrower (who is also the purchaser).

Click here to read Peter Roach's full article...

The Power of a Sincere Apology
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
The Power of a Sincere Apology | Clare Piro

{3:24 minutes to read} I thought it was interesting that the Personal Health columnist for the New York Times, Dr. Jane Brody, wrote a column entitled “The Right Way to Say I’m Sorry.” She posits that taking responsibility for your actions and offering a true apology to someone you’ve hurt actually is a matter of your own health and well being. Dr. Brody refers to these words from Harriet Lerner’s Why Won’t You Apologize? as to why an apology can be “central to health, both physical and emotional.”

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

Bankruptcy Case Dismissals Negating Bankruptcy Stipulations
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Bankruptcy Case Dismissals Negating Bankruptcy Stipulations | Wayne Greenwald

Over one month ago, we had a big hearing in a big fight over the following facts:

A.) There was an adversary proceeding in a chapter 11 case ("Case 1").

B.) The adversary proceeding was settled during the chapter 11 case.1

C.) The non-debtor party defaulted under the stipulation.

D.) The chapter 11 case was dismissed without preserving any entered orders.2

E.) Two years later, the same debtor filed a chapter 7 case ("Case 2").

F.) The Case 2 chapter 7 trustee is suing for the debtor's rights under the Case 1 stipulation.

We say, "No way!" Why?

Click here to read Wayne Greenwald's full article...

New York Trustee’s Duty to Inform
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New York Trustee’s Duty to Inform | Ronald A. Fatoullah

By Ronald A. Fatoullah, Esq. and Yan Lian Kuang-Maoga, Esq.

{3:44 minutes to read} Trusts are widely used for a multitude of reasons. In creating a trust, a legal relationship is established between the named trustee and the beneficiaries of the trust. While a trustee is endowed with many powers over the trust, this trusteeship also comes with many duties. The duty to inform is one that we will explore in this article.

New York State law does not currently require a trustee to disclose any information relating to the trust unless requested to do so by a beneficiary.

Click here to read Ronald Fatoullah's full article...

High Stakes Commas
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High Stakes Commas | Dana Heitz

{4:35 minutes to read} A federal appellate court in Maine recently addressed one of the most consequential punctuation conundrums in recent memory. In O'Connor v. Oakhurst Dairy, the plaintiffs’ ability to recover millions in lost overtime wages turned on the absence of a comma from a particular state law. The O’Connor plaintiffs were several dozen drivers of dairy delivery trucks who sued the company that employed them. The drivers alleged that they worked 50 to 60 hours per week but never received the overtime pay they were entitled to.

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

Intra-Family Commercial Mediation: Get Back At Or Get Back Together?
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Intra-Family Commercial Mediation: Get Back At Or Get Back Together? | Gary Shaffer

{2.54 minutes to read} All happy families may be alike, but all families with intra-family disputes involving money are unhappy in their own way. Resentments build up slowly over time, people develop allies and enemies, recollections diverge, and “alternate truths” emerge. Each family has its own unique set of alternate truths that must, at a minimum, be recognized for a mediation to be successful. The goal of an intra-family mediation is not to get family members to agree on a single truth. This may be emotionally impossible, and recollections can be fuzzy and subject to interpretation. Words can be stated in many different ways and with different intent. What was meant one way may have been taken in another. 5, 10, or 15 years later, the recordings are lost. And to some extent they may be irrelevant.

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

Have the Talk Before You Take the Walk
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Have the Talk Before You Take the Walk | Deborah E. Kaminetzy

Most couples get together based on attraction, discuss one or two main expectations or goals, fall in love and decide to get married. They then focus on wedding plans, thinking that if they can negotiate a large event between two families and come out unscathed by the wedding date that they will succeed in their marriage. So why do so many divorces occur?

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

Are You in One of Immigration’s Targeted Groups?
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Authored by , re: Immigration law, on .
Are You in One of Immigration’s Targeted Groups? | Mitchell Zwaik

{4:54 minutes to read} Among the many “hot topics” surrounding immigration these days, one is about people being rounded up and detained. There is an old cliché: When everybody's a priority, nobody's a priority. There are a lot of people who are priorities, but within that priority system, there are certain people in particular who are being targeted by immigration and need to be careful. People with a Criminal Record

Anybody who has any kind of a criminal record is a target. The Administration talks about deporting drug dealers, gang members, rapists and child molesters, but the people they are picking up are people who have relatively minor offenses, such as DUIs or driving without a license.

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

Like Donald Trump, Pay Your Fair Share of Taxes, but Don’t Overpay
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Authored by , re: Family & Divorce, on .
Like Donald Trump, Pay Your Fair Share of Taxes, but Don’t Overpay | Don Sinkov

{2:24 minutes to read} As the years have gone on, I’ve been really working hard to make my mediation practice successful. Most of my clients are now coming from referrals, with a smaller percentage coming from internet advertising. My practice has grown steadily, and now it is time to do my 2016 tax return.

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

Prepare and Plan to Ensure that Children’s Special Events are Truly Special
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Authored by , re: Family, Family & Divorce, on .
Prepare and Plan to Ensure that Children’s Special Events are Truly Special | Lauren Behrman

{Read in 3:30 minutes} Children’s special events deserve to be memorable and positive. Whether it’s a graduation, confirmation, bar or bat mitzvah, recital or play, children benefit from divorced parents who plan ahead to ensure that the event—and the memory of the event—will not be spoiled by parental conflict.

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

Divorce and 401(k)s and IRAs – Part 2
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Authored by , re: Family & Divorce, Financial Planning & Insurance, MEDIATION, on .
Divorce and 401(k)s and IRAs – Part 2 | Ada Hasloecher

{3:54 minutes to read} In Part 1 of this series, BJ Mann reviewed the three main types of retirement funding. In Part 2, we move on to the important details for the mainstay of the typical retirement plans: 401(k)s (and their sisters) and IRAs in all their permutations. These do not address pensions, which will be discussed in a future post. Of particular interest is the difference between qualified and non-qualified plans, which require different sets of instructions for dividing.

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

Avoiding Oral Argument Scheduling Conflicts in the Appellate Division, First Department
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Avoiding Oral Argument Scheduling Conflicts in the Appellate Division, First Department | Liza Bobo

{2:00 minutes to read} As I’ve discussed in a separate blog entry, the Appellate Division, First Department uses a calendar system to manage its docket. Under the nine month rule (600.11(a)(3), an appellant in the First Department has nine months from the date typed on the Notice of Appeal to perfect the case by filing the Record On Appeal/Appendix; Opening Brief; and Note of Issue. With that said, although last day of the nine months is the outside limit (without requesting an extension), you can perfect your appeal for any Calendar Term within those nine months.

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

Insurance Policies Part 1: Personal
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Authored by , re: Accounting & Bookkeeping, FINANCIAL ARTICLES, on .
Insurance Policies Part 1: Personal | Nadine Riley

{4:54 minutes to read} Oftentimes, the demands of everyday living make us forget about protecting our most valuable asset, ourselves. We protect our identity, our homes, vehicles, phones, appliances, etc. without thinking twice about it. Our day is filled with the to-dos of today, the plans for tomorrow and the regrets of yesterday, but when was the last time we slowed down to think about life’s what-ifs?

Click here to read Nadine Riley's full article...

10 faqs on divorce and taxes
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
10 faqs on divorce and taxes | Jennifer Safian

{5:06 minutes to read} Many of the financial decisions made by couples going through divorce have tax implications. And while I am not a tax specialist and do not calculate the taxes that may be due following my divorcing clients’ decisions, I always alert them that taxes may be due so they can discuss those points with a tax professional. Since we are now about one month away from April 15, I chose to list here 10 of the most frequently encountered tax questions during the divorce process.

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

Social Media Policies and the NLRB
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Social Media Policies and the NLRB | Richard Friedman

The National Labor Relations Board (“NLRB”) has continued to shape social media policies and practices at work for both employers and employees through recent decisions. This article will briefly discuss several such decisions which shed light on National Labor Relations Act (“NLRA”)-protected union activities, the standards for employees’ disloyalty, and the standards for appropriate social media policies implemented by employers. In Pier Sixty, LLC, Nos. 02-CA-068612 and 02-CA-070797, an employee of a catering company posted “obscene vulgarities” on his Facebook page regarding a manager’s mistreatment of certain employees two days before a union representation election and was fired soon thereafter.

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

The Importance of Dates & Fluctuations in Divorce
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Authored by , re: Family & Divorce, on .
The Importance of Dates & Fluctuations in Divorce | Sandy Balick

{4:42 minutes to read} Mediation empowers divorcing spouses to define their own standards of fairness and helps them to make maximum use of the considerable freedom New York law allows in shaping their own settlements. This entry focuses on selection of appropriate valuation dates for financial accounts, including bank and retirement accounts. As noted in an earlier blog in this series, the law views marriage as an economic partnership, and the assets (as well as liabilities) to be divided in equitable distribution are (with a few exclusions) those acquired from the wedding date until the initiation of divorce proceedings (referred to as the “commencement date”).

Click here to read Sanford E. Balick's full article...

Understanding the Effects of Memory Loss on Finances
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Authored by , re: Healthcare Management, on .
Understanding the Effects of Memory Loss on Finances | Rebecca Eddy

Failure to pay bills is a common early sign of memory loss; the longer it goes unidentified, the more troublesome credit card companies can be, as they may view erratic payments as a sign of risk. Managing bank accounts online may also prove difficult for those with signs of memory loss, especially since incorrect login attempts will be red flagged.

Janice had a favorite credit card which, because of memory challenges, she did not always pay in a timely way. When she finally brought her account current, the card company summarily canceled her card.

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

Prepared to Win Your Personal Injury Case? Here’s How to Do It!
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Authored by , re: LAW RELATED ARTICLES, Personal Injury, on .
Prepared to Win Your Personal Injury Case? Here’s How to Do It! | Ron Katter

{1:30 minutes to read} Preparation is 99% of winning a personal injury case. I’m often asked how many of my personal injury cases wind up being tried in court. Even considering that most cases settle before trial, my answer is that I prepare all of them for trial. In my experience, I’ve found I can obtain the highest dollar recoveries for my personal injury clients when their cases have been thoroughly prepared, as if they were going to be tried in front of a judge and jury. One of the first things I do after a client hires me, is to research exactly which questions a judge will ask the jury to decide in that particular case. From that point forward I concentrate on making sure that we obtain the necessary facts so the jury will answer those questions in my client’s favor.

Click here to read Ron Katter's full article...

Your Mental Health: Time for a Checkup?
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Authored by , re: MENTAL HEALTH, Miscellaneous, Wellness, on .
Your Mental Health: Time for a Checkup? | Danielle Bissett

{3:40 minutes to read} If you had a broken leg, would you ever not go to the doctor to get it examined? If your tooth cracks and you are in pain, would you ever not make an appointment to see the dentist? So, if you are struggling emotionally, why are you not looking for a psychologist, psychiatrist, or therapist to help?

Click here to read Danielle Bissett's full article...

Avoid Management by Lease
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Authored by , re: Commercial Real Estate, REAL ESTATE ARTICLES, on .
Avoid Management by Lease | George Grace

In an ideal world, commercial tenants would work with both internal and external stakeholders to determine how much space they need before looking at properties. Management would go through a strategic planning process to figure out where the company is going, how it’s going to get there, and who’s going to take it there. The company would consult with an architect to determine its exact space needs, and necessary board or upper management approvals would be obtained beforehand.

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

What to Do If ICE (Immigration Agents) Comes to Your Home
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Authored by , re: Immigration law, on .
What to Do If ICE (Immigration Agents) Comes to Your Home | Laraine Schwartz

Frequently, and most recently, immigrants have been relating that they are fearful about what to do if ICE goes to their home. In this blog, I share advice from the American Civil Liberties Union (ACLU) about what to do if ICE knocks on your door.

  • If any officers come to your door, keep the door closed and ask if they are from Immigration and Customs Enforcement (ICE), or if they are immigration agents. If they are, ask them why they are there.

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

What to Do If ICE (Immigration Agents) Comes to Your Home
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Authored by , re: Immigration law, on .
What to Do If ICE (Immigration Agents) Comes to Your Home | Laraine Schwartz

Frequently, and most recently, immigrants have been relating that they are fearful about what to do if ICE goes to their home. In this blog, I share advice from the American Civil Liberties Union (ACLU) about what to do if ICE knocks on your door.

  • If any officers come to your door, keep the door closed and ask if they are from Immigration and Customs Enforcement (ICE), or if they are immigration agents. If they are, ask them why they are there. Although opening the door does not give the agents permission to come inside, it still is safer to speak to ICE through the door. If the agents do not speak your language, you can ask for an interpreter.

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