New Jersey Law Journal | Analysis
By Brian P. McCann and Kristen E. Marinaccio | April 7, 2022
What many think is sufficient language in a prenuptial agreement to protect their estate, may not be. The best approach is to proactively and in-tandem incorporate estate planning language and instruments alongside a prenuptial agreement.
New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | April 7, 2022
Any and all potential evidence should be maintained, organized and useful for trial.
New York Law Journal | Analysis
By Alyssa A. Rower, Karina VanHouten and Margaret Sarratt | April 7, 2022
This article provides a discussion of the various things courts consider when deciding whether to enforce a choice of law clause in prenuptial agreements.
By Elisa Reiter and Daniel Pollack | April 5, 2022
Children do not come equipped with a parenting manual. Each parent has to learn how to best parent each child. While a learning curve is anticipated, that curve is no excuse to condone acts or omissions that can endanger the life of a child.
By Charles Toutant | April 1, 2022
On appeal, the wife's attorney claimed any communications he made during the underlying case were protected by the litigation privilege. The appeals court, in an unsigned ruling, agreed.
Daily Business Review | Commentary
By Elisa Reiter and Daniel Pollack | April 1, 2022
If the collaborative process is not successful, the attorneys will not and cannot represent their respective clients in subsequent court proceedings.
By Adolfo Pesquera | March 31, 2022
The monitors are attorneys Kevin Ryan of Public Catalyst Group Corp., Iselin, New Jersey, and Deborah F. Fowler of Texas Appleseed, Austin.
New York Law Journal | Analysis
By Elliott Scheinberg | March 31, 2022
In 'Mussbacher v. Mussmacher', the Fourth Department preserved its uniqueness amongst the Departments, albeit on unstable, contradictory reasoning without any reference to CPLR 213(2), in properly restricting enforcement of a marital agreement to six years of retroactive claims, irrespective of whether pursued by action or by motion.
New York Law Journal | Analysis
By Robert Z. Dobrish | March 31, 2022
In December 2021, a Blue Ribbon Commission originally appointed by Gov. Andrew Cuomo, issued a report on forensic evaluations which recommended, among other things, that forensic evaluations should be eliminated. This article presents an argument against the elimination of forensic evaluations which, in the author's opinion, "would step our court system backwards to a seemingly prehistoric time in our state when judges had boundless discretion and no standards to apply."
New York Law Journal | Analysis
By Elliott Scheinberg | March 30, 2022
The Fourth Department continues to stand alone, albeit this time on unstable and contradictory reasoning, in correctly restricting enforcement to six years where enforcement has been sought by motion.
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