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.

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The Prophets of Profit: The Difference Between a Networker and a Connector
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The Prophets of Profit: The Difference Between a Networker and a Connector | Brian Califano

We had the pleasure to speak with connector, entrepreneur, business developer, speaker, creator of ConnectorCon, and founder of Small Pond Enterprises, Michael Roderick! Michael also has the prestigious and unique credit of going from a high school teacher to a Broadway producer in under two years.

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HIRING A MANAGING AGENT FOR YOUR CO-OP OR CONDO*
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HIRING A MANAGING AGENT FOR YOUR CO-OP OR CONDO* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

Hiring or replacing a managing agent or management company for your co-op or condo can have a very significant impact on a building’s operations. Choosing the right management company can be a challenging job. Making the right choice can be time consuming and confusing. The relationship between a co-op or condominium and the management company is probably the most important relationship a board maintains.

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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

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How Can I Protect My Trademark?
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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.

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NYC Office Trends: Smaller Spaces for Big Savings
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Authored by , re: Commercial Real Estate, on .
NYC Office Trends: Smaller Spaces for Big Savings | Ruth Colp-Haber

New trends in office space: smaller spaces, more common area, and modern design.

We have been seeing that top management of all NYC businesses—from law firms to finance firms—are reducing the amount of their office space in order to cut costs. Any reduction in office space costs goes right to the bottom line.

A few specific trends happening now:

1) Big executive offices are passé. If executives do have private offices, they are smaller than in the past. If a space is already built with big offices, these “ego offices” are repurposed to accommodate several employees, creating a type of bullpen.

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Co-Parent Counseling for High-Conflict Parents
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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.

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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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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.

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What Couples Need to Know About the Divorce Mediation Process
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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.

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Divorce On Your Mind? Fruit for Thought: Ripe vs. Unripe
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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.

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divorce and co-parenting during the summer
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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.

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NEW HEATING LAW CHANGES IN NYC*
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NEW HEATING LAW CHANGES IN NYC* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

On October 1, 2017, a change to the NYC heating regulations will go into effect when the heating season begins. The new regulations require owners of buildings with central heating to maintain minimum temperatures in residential apartments during heating season. The new rule increases the minimum nighttime temperature in apartments to 62 degrees. During the designated heating season, October 1 through May 31, residential buildings will now have to maintain an internal temperature of no less than 62 degrees Fahrenheit during the night, from 10 P.M. to 6 A.M., instead of the current 55-degree minimum. The new law also eliminates the outdoor temperature trigger during nighttime hours, thereby requiring the indoor temperature level be maintained regardless of the outside temperature.

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Understanding Medicaid Personal Care Services
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Understanding Medicaid Personal Care Services | Ronald A. Fatoullah

By Ronald A. Fatoullah, Esq. and Stacey Meshnick, Esq.

{4:01 minutes to read} The New York State Medicaid program provides coverage for a category of home care services called Personal Care Services (PCS). Under the Medicaid rules and regulations, personal care services are defined as the assistance of a personal care aide/home attendant with nutritional, environmental support, and personal care functions. According to the regulations, such services must be essential to the maintenance of the patient’s health and safety in his or her own home, ordered by the attending physician, and based on an assessment of the patient’s needs and based upon the appropriateness and cost-effectiveness of services.[1]

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Embracing the Change of Season
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Authored by , re: Business Law, Miscellaneous, on .
Embracing the Change of Season | Aimee B. Davis

{3:36 minutes to read} As Oprah is to bread, I love summer! I love basking in the sun and watching the waves crash on the beach. I love socializing with friends, cooking and eating fresh fruits and vegetables. I also love the playfulness of the summer season, so accepting the transition from summer into fall is always a challenge for me. Why is it important to embrace the season you are in?

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Another Aspect of Design: Trade Dress
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Another Aspect of Design: Trade Dress | Joshua Graubart

{4:30 minutes to read} In my last post, I discussed the design patent, a form of protection available under the Patent Act to protect designs that are “primarily ornamental” rather than those which – like most inventions one normally thinks of in connection with the Patent Act – are “primarily functional.” Design patent protection can coexist simultaneously with copyright protection for the design as a graphic or sculptural work. In addition to patent and copyright law, non-functional designs can also be protected under the federal Trademark Act (also known as the Lanham Act), and under state trademark and unfair competition law. As discussed previously on this blog (see “What is Intellectual Property?”), trademark law serves to protect non-functional features of a product which identify to consumers the product’s source, and distinguish the product from similar products supplied by competitors. Marks are frequently words (e.g., “Nike”) or logos (e.g., the Nike “swoosh”); in certain circumstances, even colors and scents have been registered as marks by the U.S. Patent & Trademark Office.[1] (More on these sorts of outré marks in a future post.)

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So You’ve Inherited Those Things You Never Wanted…
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
So You’ve Inherited Those Things You Never Wanted… | Tom Sciacca

{Read in 5 minutes} When I was a little kid, my favorite board game was The Game of Life. In fact, that game is probably part of the reason I am a Trusts and Estates attorney today. In The Game of Life, a person drives their little car around the board, landing on things which are either good or bad life events. One space that I particularly remember read, “Your uncle has left you a skunk farm. Pay $20,000 to get rid of it.” For whatever reason, that stuck with me all of these years.

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Do You Inherit Debt?
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Do You Inherit Debt? | Tom Sciacca

{Read in 7 minutes} While we all could think of famous people with famous names who have died leaving millions of dollars, this is not the case for most average Americans. While many people are thrilled to be able to leave something to those people or charities that they care most about, there are some people who simply leave nothing behind but their debts. As a Trusts & Estates attorney, people frequently ask me if they are responsible for the debts of their loved ones. Let’s take a look.

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The Demise of DAPA Wasn’t Enough?
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Authored by , re: Immigration law, LAW RELATED ARTICLES, on .
The Demise of DAPA Wasn’t Enough? | Mitchell Zwaik

{1:54 minutes to read} The decision by the Trump administration to end the Deferred Action for Childhood Arrivals (DACA) is a nasty, mean-spirited act that does nothing to:
  • Increase US security;
  • Support the rule of law; or
  • Help the US economy.
And the fact that the Attorney General mentioned in his announcement that these Dreamers were taking jobs away from US workers was the vilest lie of all.
So, let's be clear. That's what it is. A lie. It’s not a difference of opinion or a mistaken interpretation. It’s a lie by people who want to curtail immigration for racial and social reasons.

The RAISE Act: Misleading and Bad for America
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Authored by , re: Immigration law, on .
The RAISE Act: Misleading and Bad for America | Laraine Burks

In August, President Trump promoted the RAISE Act. The Republican-sponsored Act would cut the number of green cards by 50%, adversely affect families presently in the US, and limit refugee status to 50,000 people.

The bill faced united opposition from the Democrats. It was officially doomed when seven Republican senators opposed it, making passage even by a simple majority unattainable.

Even though the Act is considered dead for 2017, I think it is worthwhile to examine some of the false claims made by its sponsors (Tom Cotton of Arkansas and David Perdue of Georgia), the president, and other supporters.

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

A Few Tips When Filing (and Opposing) a Preliminary Injunction Motion to Protect Trade Secrets
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
A Few Tips When Filing (and Opposing) a Preliminary Injunction Motion to Protect Trade Secrets | Richard Friedman

The Defend Trade Secrets Act of 2016 (the “DTSA”) is a federal statutory vehicle that companies can use to try to protect their most valuable assets (along with their employees, hopefully) — their trade secrets. Since the DTSA is only slightly more than a year old, there have been relatively few federal court decisions addressing the scope and breadth of the statute. One such case decided this summer in the Northern District of Illinois, Cortz, Inc. v. Doheny Enterprises, Inc., 2017 WL 2958071 (N.D. Ill. 2017), sheds light on the type of information afforded protection under the DTSA.

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What About Us? Divorcing Couples Who Don’t Have Children – Part 1
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Authored by , re: Family & Divorce, MEDIATION, on .
 What About Us? Divorcing Couples Who Don’t Have Children – Part 1 | Ada Hasloecher

{3:12 minutes to read}  I recently received an email from a former client of mine who reached out to me asking the following question: “I was wondering if you could publish some articles about couples without children who would use mediation. I haven’t seen a lot of articles on mediation sites regarding couples without children who are looking to divorce. I have had several friends who don’t have children or have children that are grownups and no child support would be necessary should they divorce.”

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CPR for Parents: Communication Skills – Part 1
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Authored by , re: Family & Divorce, on .
CPR for Parents: Communication Skills - Part 1 | Jeff Zimmerman

Divorced parents benefit from modeling their communication pattern after business etiquette—it should be Civil, Polite, and Respectful (CPR). The idea is for each parent to take responsibility for their individual communication styles and focus on implementing CPR communication, regardless of what the other parent is doing (or not doing). When both parents commit to setting the standard for the best communication possible, then generally one parent will be communicating well even if the other slips occasionally.

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Top Divorce Questions: Who Pays The Legal Fees?
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Top Divorce Questions: Who Pays The Legal Fees? | Jason Isaacson

{2:40 minutes to read} Almost every new client that consults with our firm for a divorce proceeding asks one of two questions:

  1. Does my spouse have to pay for my lawyer? OR

  2. Do I have to pay for my spouse’s lawyer?

The answer comes as a surprise to most. The Domestic Relations Law has a rebuttable presumption that the “monied” spouse will pay the “non-monied” spouse's attorney's fees. The idea behind the law is to try and level the playing field when there is a big discrepancy between the incomes of the divorcing parties. After all, the law doesn't want the person with less money to be at a disadvantage.

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Want a Trademark? Make Sure It Doesn’t Already Exist
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Want a Trademark? Make Sure It Doesn’t Already Exist | Pat Werschulz

{Read in 4:40 minutes} So often I am asked, “How do I get a trademark?” There’s a very simple answer. First, you pick what you want as your trademark, and second, use it. Wait a minute. That sounds way too simple. Well, getting rights in a trademark is actually pretty simple. The tough part is actually picking what your trademark is going to be. Whether it’s a name, or what we call a word mark, or design, picking that is very critical. You need to be sure that you can actually use it and that you will not be using somebody else’s trademark.

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Turning your Passion into a Business with Michael Prichinello & Zac Moseley
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Authored by , re: MARKETING, on .
Turning your Passion into a Business with Michael Prichinello & Zac Moseley | Brian Califano

This interview takes the award for Coolest Location. We sat down with Classic Car Club (CCC) Manhattan co-founders, Zac Moseley and Mike Prichinello, in a 1963 AIRSTREAM at the Classic Car Club in Manhattan! Zac and Mike told us the story of how they turned their passion into a profitable career.

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FinCEN EXTENDS AND BROADENS REAL ESTATE PURCHASE DISCLOSURES*
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Authored by , re: REAL ESTATE ARTICLES, Residential Real Estate, on .
FinCEN EXTENDS AND BROADENS REAL ESTATE PURCHASE DISCLOSURES* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

The Financial Crimes Enforcement Network (“FinCEN”) is a bureau of the United States Department of Treasury. FinCEN’s mission statement is “to safeguard the financial system from illicit use and combat money laundering and promote national security through the collection, analysis and dissemination of financial intelligence and strategic use of financial authorities.” Their goal is to protect the country against financial crimes, money laundering, tax evasion and terrorist financing by obtaining and analyzing financial transaction data for law enforcement purposes.

Don’t Sweat the Small Stuff
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Don’t Sweat the Small Stuff | Mark Kaufman

In this post, names and circumstances have been changed to obscure the guilty. Let’s say that my client makes plain sweatshirts, and on the back of some of these blank sweatshirts, someone else had printed Alamo-related text and imagery and was selling them. They were doing this on behalf of a local community baseball team that incorporated the word “Alamo” in its design. And let’s say that a plaintiff named Pat files and owns a registration for the trademark in “Remember the Alamo.” Somewhere along the way, Pat catches sight of these sweatshirts and thinks, “Ah, I’ve got them now. They’re a great big sweatshirt company, and I’ll sue them for trademark infringement as well as copyright infringement, because I have a distinctive way that I present the word ‘Alamo’!” (Interesting note: Pat, who represented himself, only provided extremely low-quality pictures of his design in his complaint. I still don’t think anyone knows what his design looks like.)

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