Alan Feigenbaum

May 31, 2023 | New York Law Journal

A look at forensic psychiatric examinations in the context of contested custody matters. The article discusses a recent decision by an appellate court in New York, which held that a trial court did not commit an error by not mandating a forensic psychiatric examination of the parents because no proof was put forth that the mother had a mental illness. The author also focuses on whether or not mental illness of a parent should be a prerequisite to a forensic psychiatric examination, and how (if it all) that impacts the due process rights of a litigant in a custody case vs. whether or not such a requirement offers a valuable gatekeeping function.

By Alan Feigenbaum

8 minute read

May 08, 2023 | New York Law Journal

There is potentially enormous value in establishing a Teflon-like immunity to the understandable boredom that can come with reviewing boilerplate legal language in matrimonial agreements. However, a recent decision of the Surrogate's Court, Kings County, presents an excellent example of how boilerplate legal language can, in some instances, prove more important than the substantive provisions themselves.

By Alan Feigenbaum

5 minute read

April 14, 2023 | New York Law Journal

A discussion of Justice Karen Rothenberg's recent decision McClean v. The Bd. of Trustees of the Fire Dep't of the NYC Pension Fund, where Kathleen McClean, wife of the late firefighter Dennis McClean, was finally offered justice by being granted Line-of-Duty Death Benefits after being denied due to what the author terms "hyper-literalism."

By Alan Feigenbaum

8 minute read

March 27, 2023 | New York Law Journal

The author discusses the recent decision in 'Acosta v. Shaw' to highlight pet custody matters in New York.

By Alan Feigenbaum

6 minute read

March 09, 2023 | New York Law Journal

Craig Boise, dean of Syracuse University College of Law, and Blank Rome counsel Alan Feigenbaum, argue that removing the LSAT requirement for getting into law school can eliminate barriers to achieving genuine diversity in the legal profession.

By Craig M. Boise and Alan Feigenbaum

7 minute read

February 07, 2023 | New York Law Journal

The path towards trying to achieve unbreakable, or "ironclad" agreements for our clients may have just gotten a lot more treacherous in New York.

By Alan Feigenbaum

8 minute read

January 10, 2023 | New York Law Journal

The author refers to Justice Jeffrey Sunshine's decision in 'Gary G. v. Elena A.G' as "a teachable moment" in a sea of matrimonial actions.

By Alan Feigenbaum

6 minute read

November 21, 2022 | New York Law Journal

Are children of divorcing parents recognized as third-party beneficiaries of their parents' separation agreements, divorce decrees, etc.? According to a recent decision of the Surrogate's Court in Oneida County, New York, it would be unwise to assume that the answer is a definitive "yes."  

By Alan Feigenbaum and Sean Weissbart

5 minute read

October 06, 2022 | New York Law Journal

There is what seems to be a borderline deafening silence amongst matrimonial lawyers about the U.S. Supreme Court's decision in 'Dobbs v. Jackson Women's Health Organization'.

By Alan Feigenbaum

10 minute read

September 12, 2022 | New York Law Journal

While it is true that New York has no statutory presumption that joint custody is per se in a child's best interests, the fact is that New York's decisional law is evolving to the point where blanket statements to the effect that "there's no such thing as joint custody in New York" are shallow at best.

By Alan Feigenbaum

6 minute read