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New York Law Journal

Five Indicators Mediation Is at a Tipping Point

More and more, countries, courts and states are turning to mediation to solve more complex disputes due to its collaborative, cost-effective, and confidential process. It allows all parties greater control over the outcome and greater speed to resolution. Mediation is proven to help courts decrease case backlogs and help businesses resolve legal disputes quickly and efficiently.
8 minute read

New York Law Journal

Debate Over Arbitration Reflects Gamesmanship That Draws Parties to ADR

Lawyers, litigants, witnesses and court officials slogging through depositions and motions in a case that an appeals court may eventually determine should always have been before an arbitrator—as directed by a contract between the parties—does sound like a huge waste of everyone's time and money.
6 minute read

New York Law Journal

Getting the Get: Contract Law May be the Solution

As attorneys focusing their practice on divorce, we are often involved in trying to procure a Jewish divorce, also known as a "Get" for our clients. Why does this issue arise during a civil divorce and what can be done when one spouse refuses to give the Get?
8 minute read

New York Law Journal

Divorce in NY, NJ, Connecticut and Massachusetts: What the Practitioner Should Know

Family law is statewide. The law may be different. The practice may be different. The procedure may be different. And, in the case of domestic relations laws, procedure is substance, because the procedure can completely change your client's divorce and its consequences. In this article, I compare select aspects of the domestic relations laws of New York, New Jersey, Connecticut, and Massachusetts.
14 minute read

New York Law Journal

Setting Aside a Prenuptial Agreement

While prenups can be challenged under New York law, practitioners can face significant hurdles establishing a strong case in court.
8 minute read

New York Law Journal

That's Not My Truck, That's Not My Parent: The Child's View and Voice in a Parentage Proceeding

This article will explore the role, if any, the subject child's views and voice play in a parentage proceeding where the putative parent's claim is either based in equitable estoppel or application of the test set forth by the New York Court of Appeals in Brooke S.B. v. Elizabeth A.C.C.
8 minute read

New York Law Journal

The Necessity of No-Fault Divorce

If the parties are unable to come to an agreement, they would bear the burden of having to prove fault in order to resolve the matter through litigation and successfully obtain a divorce. This burden can be costly, both financially and emotionally, to the divorcing couple and negatively impact any children caught in the middle.
5 minute read

New York Law Journal

Adjournment Requests in Divorce Litigation: Be Kind

The question becomes whether and under what circumstances do you, as the recipient of the request for an adjournment, say "yes" or "no." Once again, no training was provided to us in law school on how to answer this question.
7 minute read

New York Law Journal

Crypto Winter Leads to Flurry of Enforcement Activity

Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
9 minute read

New York Law Journal

High Court: Section 11 Securities Plaintiffs Must Trace Shares to Challenged Registration Statement

The court's opinion endorses a large body of lower court authority that had come to the same conclusion, and it also makes clear that this tracing requirement applies with full force to Section 11 suits arising from "direct" listings.
8 minute read

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