March 25, 2024 | Texas Lawyer
Reimbursement Claims in Divorce Cases for Capital Contributions to Business Entities"There is no specific reference in the Tx. Fam. Code Section 3.402(c) to assure reimbursement for capital contributions to a business entity owned by one estate and paid for by another estate," according to columnists Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
11 minute read
February 23, 2024 | Texas Lawyer
Should Courts Umpire Third Party Custody Disputes?"Should a third party or grandparent seek conservatorship over the objection of the children's parents, such a litigant must present facts in a verified affidavit, persuasively indicating that the child's parent is unfit," write columnists Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
9 minute read
February 15, 2024 | New York Law Journal
Removing a Child: A Painfully Imperfect CalculationThere are too many instances of child welfare officials leaving children with their families when later catastrophic events suggest that a removal from that environment could have been protective, or even life-saving. However, the opposite is also true. And then, there are many cases when a child protective services worker is truly not sure what to do, but the system "errs on the side of caution" and removes a child from their family anyway.
By Daniel Pollack and Kathryn Krase
6 minute read
February 08, 2024 | New York Law Journal
Title IX: A Paradigm of Legal NuanceTitle IX investigations are supposed to be a fair and effective tool to make informed decisions about student complaints. Not surprisingly, the practical application of this federal law is often as nuanced as the behaviors that brought about the complaint to begin with. A recent case demonstrates this very well.
By Helene M. Weiss and Daniel Pollack
4 minute read
February 06, 2024 | Texas Lawyer
Proving Noneconomic Damages Post-'Gregory v. Chohan'"Damages must be proven to be 'genuinely compensatory' based on a 'rational connection' developed by a plaintiff to show a rational basis and connection between the 'injuries suffered and the amount awarded,'" say attorneys Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
7 minute read
January 30, 2024 | Texas Lawyer
Is a Death Sentence Recommendation From a Non-Unanimous Jury Constitutional?"Although the U.S. Supreme Court has addressed numerous facets regarding the circumstances under which the death penalty can and cannot be imposed, it has not yet directly addressed the question of jury unanimity being a requirement," say attorneys Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
7 minute read
January 19, 2024 | The Recorder
Do Attorneys Really Listen?For loquacious lawyers jaded by years of practice, particularly those who have had the discipline to specialize, how can we revamp, refocus and learn to listen more?
By Elisa Reiter and Daniel Pollack
6 minute read
January 18, 2024 | New York Law Journal
A Wider Range of Voices Is Needed on Domestic Violence Fatality Review BoardsIn this article, Daniel Pollack and Kerianne Morrissey explain how appointing relevant medical personnel and domestic violence survivors would strengthen the domestic violence review team's objectives and save lives.
By Daniel Pollack and Kerianne Morrissey
4 minute read
January 09, 2024 | Daily Business Review
High Anxiety in Custody Cases? Let's TalkThroughout the year, judges often find themselves besieged by pleadings raising allegations of abuse as litigants seek to undermine each other's access to their children in the hopes that any emergency relief granted will color access going forward. What can attorneys do to maintain healthy family relationships even in times of stress?
By Elisa Reiter and Daniel Pollack
5 minute read
December 28, 2023 | New York Law Journal
Duty To Protect Versus Duty To Maintain Confidentiality: When Does One Trump the Other?Confidentiality facilitates honest communication by assuring patients that the details of their lives, shared with their health care providers, will remain private. Yet, mental health professionals in some states are imposed with a duty to warn, requiring them to take reasonable steps to protect potential victims of their clients. However, not every state adheres to the concept of the duty to warn taking precedence over the need to maintain client confidentiality.
By Elisa Reiter and Daniel Pollack
8 minute read
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