May 06, 2024 | Daily Business Review
Getting a Gray Divorce? Consider the ADR RouteDuring a gray divorce, being amicable goes a long way. Minimizing the contentiousness in a divorce will ultimately be psychologically and financially beneficial for both parties. To that end, an alternative dispute resolution approach (ADR) may be the right one for divorcing older couples.
By Elisa Reiter and Daniel Pollack
8 minute read
April 25, 2024 | Daily Business Review
Kinship Rule Is Found to Be an Invalid Exercise of Delegated Legislative AuthorityAt a recent Florida administrative hearing, the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
By Elisa Reiter and Daniel Pollack
9 minute read
April 25, 2024 | New York Law Journal
Stepchildren as Eyewitnesses of Domestic AbuseAccording to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the "new parent" and the eyewitness is their stepchild rather than biological child?
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel
9 minute read
April 09, 2024 | The Recorder
Exploring the Contours of Expert Testimony Regarding Child Sexual Abuse Accommodation Syndrome"The presentation of expert mental health information to the court is essential, but such evidence ... is likely to draw objections," according to Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel.
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel
9 minute read
April 03, 2024 | Texas Lawyer
Publicly Criticizing Custody Professionals: Where Is the Line Between Activism and Defamation?"Striking a balance between raising awareness about legitimate concerns and avoiding defamatory statements is essential," write columnists Elisa Reiter and Daniel Pollack, along with psychologist Jeffrey C. Siegel.
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel
15 minute read
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
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