December 09, 2022 | New York Law Journal
Private Judges: How New York Can Unclog the BacklogChange may not be easy at first, but progress often does not happen without some form of change.
By Alan R. Feigenbaum and David B. Saxe
10 minute read
April 25, 2022 | New York Law Journal
Extracurricular Activities Remain on the Chopping Block in DivorceNew York seems to be on the precipice of making a choice when it comes to its divorce laws: fostering conflict resolution, or fostering conflict escalation.
By Alan R. Feigenbaum
4 minute read
March 04, 2022 | New York Law Journal
Breaking the Glass Ceiling That Surrounds the Marital Residence in Divorce'Kahn', which remains the law of the land in New York, prohibits judges from ordering the pendente lite sale of real property owned as tenants-by-the-entirety.
By Alan R. Feigenbaum
5 minute read
December 28, 2021 | New York Law Journal
Welcome to the Tipping Point: 'House Rules' in Contested Custody LitigationAlan Feignebaum uses the July 2021 case 'E.E.C. v. S.S.' as a backdrop to discuss the topic of judicially created "house rules" imposed on a child in a custody case who won't follow the agreed-upon visitation schedule.
By Alan R. Feigenbaum
6 minute read
September 23, 2021 | New York Law Journal
Professional Organizations in Family Law Need To Stay RelevantBecause family law can have such an immediate, direct impact on the litigants, it is important that the exchange of ideas that flows from keeping those lines of communication open continues into the future.
By Alan R. Feigenbaum
6 minute read
May 19, 2021 | New York Law Journal
Using Prenuptial Agreements as a Means To Avoid Transmutation of Separate PropertyThe Second Department's recent decision in 'Rosen v. Rosen' is worth re-reading each and every time the matrimonial practitioner is tasked with drafting a prenuptial agreement that will invariably define the various connotations of what constitutes each party's "separate property."
By Alan R. Feigenbaum
5 minute read
April 07, 2021 | New York Law Journal
Modifying Spousal Support Based on the Payor's Mental HealthA severe physical injury presents a relatively straightforward example of what might bring about a cognizable claim of extreme hardship.The 'Palmer' decision examines a more nuanced example of what might constitute extreme hardship—the deteriorating status of the payor's mental health.
By Alan R. Feigenbaum
5 minute read
March 05, 2021 | New York Law Journal
The Intersection Between Pendente Lite Counsel Fee Awards and the Judicial Power To ReallocateUnder law, the non-monied spouse is presumptively entitled to an award of interim counsel fees to be on equal footing with the monied spouse when seeking, inter alia, his or her equitable share of the marital estate. Does the judicial power to fashion an equitable distribution award after trial that potentially hamstrings the non-monied spouse for receiving that very award before trial create a Catch-22 for the non-monied spouse? The answer is not cut and dried.
By Alan R. Feigenbaum
5 minute read
May 22, 2007 | New York Law Journal
McCarran-Ferguson Act: No Bar to Civil RICO Claims?David L. Yohai, a partner at Weil, Gotshal & Manges, and Alan R. Feigenbaum, an associate at the firm, analyze a recent decision that paves the way for plaintiffs' counsel to attempt to inject federal civil RICO claims into lawsuits against insurance companies.
By David L. Yohai and Alan R. Feigenbaum
10 minute read