New York Law Journal | Analysis
By Daniel Pollack and Toby Kleinman | November 4, 2020
Whether a domestic violence victim is representing herself or being represented by an attorney, the goal is the same: Convince the court of her own veracity and be skeptical of the other side. How is that possible when a pejorative mental health label may have been pinned onto her? In their Family Law column, Daniel Pollack and Toby Kleinman examine ways for an accuser to bolster credibility.
New York Law Journal | Commentary
By Louise Feld | November 3, 2020
During the pandemic, attorneys and social workers with The Children's Law Center repeatedly have seen situations in which a physical custodian has denied a non-custodial parent significant visitation time and contact with their children. Family Court should consider "essential" matters involving prolonged and unjustified periods of separation.
New York Law Journal | Analysis
By Joel R. Brandes | November 2, 2020
An attorney representing a client in a Family Court support matter must have a thorough understanding of the sometimes confusing objection process to prevent the dismissal of his clients' objections and preserve her right to appeal.
By Jason Grant | October 19, 2020
"No doubt that all of our lives have been impacted by the events around us; however, there are viable alternatives and that is to continue virtually—that provides additional safeguards to all involved," Justice Jeffrey Sunshine wrote.
New York Law Journal | Expert Opinion
By Chris McDonough and Joel R. Brandes | October 6, 2020
Does a matrimonial lawyer witness violate Rule 3.7(a)(2) by submitting an affirmation referring to matters beyond the nature and value of legal services he rendered? A discussion of this and other related ethical questions.
By Jason Grant | October 5, 2020
The allegations of legal malpractice "are inadequate to sufficiently allege that the stipulation of settlement that the plaintiff entered into with his former wife was effectively compelled ... by the mistakes of counsel," the Appellate Division, Second Department ruled.
By Jane Wester | September 24, 2020
Roberta Kaplan of Kaplan Hecker & Fink, who is representing Mary Trump, argued in the complaint that the Trump siblings' deception caused her client to lose at least tens of millions of dollars.
New York Law Journal | Expert Opinion
By Hugh F. Murray III and Thomas F. Doherty | September 21, 2020
Employers looking to comply with the Families First Coronavirus Response Act (FFCRA) have had a wild ride during the past several weeks. First, a federal judge invalidated several parts of the Dep't of Labor's regulations related to the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which are critical components of the FFCRA. Then, the DOL issued new emergency regulations to address the issues raised by the court.
By Jason Grant | September 19, 2020
The new charges of misconduct against the veteran lawyer alleged that he failed to file a divorce judgment on behalf of a client, submitted false information in regard to his insurance agent license application and renewal forms, and failed to cooperate with an attorney grievance committee's investigation of his actions.
New York Law Journal | Expert Opinion
By Kevin G. Faley and Andrea M. Alonso | September 15, 2020
To recover damages for a person's death in New York State, there are two distinct causes of action: survivorship and wrongful death. Attorneys must be familiar with what is and is not recoverable under each.
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