Information Filled Under 'law firm trends' Category
Good Idea – Bad Idea: Destroying Evidence and Destroying Law Firm Documents Monday, August 30th, 2010
Good Idea: keeping careful records of your billable time and detailed information about your clients. Bad Idea: destroying those same records in a bathroom of the courthouse during a civil suit brought by your former law firm employer, when those same records might have probative and evidentiary value
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Good Idea – Bad Idea: Destroying Evidence and Destroying Law Firm Documents
One parent’s post divorce desire to relocate with children creates a practical and legal dilemma; if the non custodial parent has a close relationship with the children, and the children are permitted to relocate, their relationship will certainly suffer.
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Relocating Parent Ordered to Provide Visitation by Skype
In a fascinating study, divorce was found to be contagious. According to a study at the Framington Heart Study , a person whose friend or sibling gets a divorce is more likely to get divorced As detailed in the study , the researchers found that: Divorce is the dissolution of a social tie, but it is also possible that attitudes about divorce flow across social ties
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Divorce Spreads Through Social Networks
In view of news reports of the hopeful passage by the New York legislature of a “no fault” divorce law, I have been repeatedly asked, “what is no fault divorce” and “why is this no fault divorce so important. A no fault divorce essentially allows a couple to dissolve a marriage without assigning fault; typically the parties would only have to allege that the marriage has irretrievably broken down and there is no likelihood of reconciliation.
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Why No Fault Divorce Should Be Enacted in New York
There seems to be a trend among couples in long term marriage, with grown or emancipated children, getting divorced. In fact, there are reports that rate of divorce is increasing the fastest among this segment of the population. Al and Tipper Gore’s surprise announcement last week that they were ending their 40 year marriage is further evidence of that trend.
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Older Couples Divorcing More
By James Bowden True story – I was sitting on a plane on my way back from vacationing in Italy last week when I came across an article in the Financial Times about my automatic out-of-the-office reply. Well, OK, it isn’t about my message specifically; the article is more of a diatribe criticizing people who leave such messages as lazy, useless, irresponsible, passive-aggressive corporate payroll dead weights (who apparently can be identified by the elastic in their waist bands), and suggests that they either a) keep their smart phones cranking and remember not to mistake vacation as time away from work; or b) join the unemployed in the breadlines.
Same Sex Divorce- Available in New York, Questionable Elsewhere Tuesday, May 4th, 2010While more states are allowing same sex marriage, obtaining a same sex divorce may be problematic. Though the District of Columbia and five states have legalized same-sex marriage, CNN is reporting that some states, which do not recognize same sex marriage explicitly ban same divorce or will not even recognize the validity of the marriage. Though New York will not allow same sex marriage, it will recognize, as valid, marriages performed in a state which allows same sex marriage
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Same Sex Divorce- Available in New York, Questionable Elsewhere
In yet another odd case, a husband who was attacked by his wife with a three foot samurai sword,was not entitled to a divorce based upon his wife’s cruel and inhuman treatment. Although the Court found that the wife would have killed the husband, but for his daughter’s intervention, the Court in the case S.K. v
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Samurai Sword Attack Is Not Cruel and Inhuman Treatment- Divorce Denied
The promises of an executive to support his girlfriend if they ever broke up are unenforceable. The girlfriend is not entitled to “equitable distribution” of the assets acquired during the relationship.
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Boyfriend’s Promises To Support Ex-Girlfriend After Break-up Are Not Binding
Parents with twins are more likely to end up divorced, broke and out of work. Married couples were 17 per cent more likely to divorce if they had twins or triplets rather than several children with gaps in between according to a study conducted by the University of Birmingham in the United Kingdom, commissioned by Tamba, the Twins and Multiple Births Association,.
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Parents of Twins More Likely to Divorce
“A spurned wife in North Carolina has made her husband’s mistress pay for ruining their marriage — literally — by suing her successfully for $9 million.” In most states, including New York, the adulterous lovers of married people are safe; they can not be sued for alienation of affection.
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Girlfriend of Married Man Pays for Alienation of Affection
A New York court has jurisdiction to hear an action to dissolve a civil union validly entered into outside of this state and to equitably distribute the property acquired during the civil union. New York courts have recognized and been increasingly accepting of the rights of same sex couples. New York will, for instance recognize, as valid, an out-of-state same-sex marriage even though the marriage could not have been solemnized in New York
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New York Courts Have Jurisdiction To Dissolve Civil Unions
By James Bowden True story: since 1891, the Kentucky State Constitution has required all Members of the General Assembly, Officers, and members of the bar to take an oath that includes a statement that, “since the adoption of the present [Kentucky State] Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending.” Apparently, in the twilight of the nineteenth century Kentucky was concerned about its growing reputation as the “Wow, That Escalated Quickly” state.
Getting Divorced-Stay Off Facebook! Monday, February 22nd, 2010The American Academy of Matrimonial Lawyers issued a recommendation that people going through or contemplating divorce stay off Facebook and other social networking sites. As reported in the Arizona Divorce and Family Blog: “Going through a divorce always results in heightened levels of personal scrutiny
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Getting Divorced-Stay Off Facebook!
When one spouse suspects the other of having an affair, the knee jerk reaction is to hire a private detective to get the”smoking gun.” It is permissible to hire a detective to “snoop around” even when the spouse having the affair has an obtained an order of protection against the other.
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Can Video Surveillance Be Used in a Divorce
Couples who refer to themselves as ‘we’ are happier than those who say ‘I’, ‘me’ or ‘you.” The study conducted at the University of California at Berkley, found a link between the use of pronouns and marital happiness. According to the study, reported in the Daily News and in the Domestic Diversions blog, middle-aged and older couples who used words like “we” and “us” when discussing their marital disagreements experienced less stress than those couple who used the words “I” “me” and “you.” Not surprisingly, more older couples than middle aged ones identified themselves as “we;” shared life experiences, birth, death and other milestones, probably gave the more senior couples a greater sense of shared identity.
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Couples Who Are "We’s" Are Happy
Last week, the New York Times ran a blistering editorial about New York’s antiquated divorce law. New York remains the only state in the nation that does not have a no-fault or an irreconcilable differences grounds for divorce. In New York, someone seeking a divorce has to prove that their spouse is guilty of marital fault, that is their spouse committed adultery, treated them in a way that is cruel and inhuman, abandoned them or has been imprisoned.
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New York’s Divorce Law Must Be Changed
The absence of no fault divorce in New York has many unintended and unfortunate consequences. Perhaps the single most disturbing consequence is that divorce courts are forced to accept as true, testimony known to be false. That is, as one trial judge, recently pointed out, “it forces judges and special referees who preside over these cases to in effect turn a blind eye — or at least a myopic one — to what is technically perjury.” In the case of Andrew T
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Why is Perjury Condoned in New York Divorces?
Break-ups were always difficult, but, with the advent of social networking, breaking up is now really hard to do. It used to be a getting a key to your lover’s apartment or a drawer in a dresser was a sign of commitment. When you broke up, you packed up your toothbrush and simply returned the key
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Relationships Move Online and Breaking Up Is Hard to Do
Nothing says I hate your spouse better than a gift certificate to consult with a divorce attorney. Bruce Carton in the Law Blog Watch , reports that one London law firm, Lloyd Platt & Company, is offering a gift voucher that entitles the bearer to a consultation with a divorce lawyer. The consultation touches upon “all the practical options available to them — divorce being only one of the options.” While this is an ingenious marketing ploy, I can only imagine the fireworks at the family gathering when this gift is eventually opened
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Give the Gift of Divorce
Recommendations of an unsuitable investment and/or concentrated investments in the financial sector (http://www.stockmarketlosslawyer.com/securities-concentration.htm) are both causes of action that form the basis for individual securities arbitration claims filed with FINRA.
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Notice to All Advanta Corporation Investors from the Securities Law Firm of Tramont Guerra & Nunez, PA (PRWeb)
We looked briefly last month at Canadian courts’ mixed reception toward the use of Skype and other new online communications tools to facilitate access visitation by non-custodial parents. Via Margaret Ryzner at Family Law Prof Blog , we learn today that the State of Illinois has now enacted legislation to deal specifically with electronic access and visitation. The amendments to the Illinois Marriage and Dissolution of Marriage Act law provide that the availability of electronic communications may not to be considered a factor in child mobility applications, where a custodial parent seeks to move out-of state with a child: Sec.
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E-Access, E-Visitation and Child Mobility
Carl Schuster and the Ruden McClosky law firm he’s worked at for 47 of the firm’s 50 years are a lot like a married couple. So it gives Schuster, 72 and the Fort Lauderdale law firm’s managing partner for the past 20 years, cold comfort to find economic pressures forcing the firm to jettison both its St.
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Ruden McClosky managing partner Carl Schuster explains hand off of St. Petersburg, Sarasota offices (St. Petersburg Times)
Via Canadian Press : Former political star Michael Bryant is back at work, quietly acting as a senior adviser for a top law firm in Toronto. The former attorney general, who is facing criminal charges stemming from an accident with a cyclist in August, started this week with Ogilvy Renault and is working with the firm’s energy law team. “Our view is Michael has the depth, has the expertise that he understands issues, which are particular to the energy sector of infrastructure spending and we believe he can bring a lot of value,” said John West, a senior partner at the firm
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Michael Bryant, Former Ontario AG, Joins Ogilvy Renault
EAST HARTFORD, Conn.—-The Connecticut Technology Council presented the 2009 Innovation Excellence Award to United Technologies Corporation at an annual meeting held December 3 at surgical device manufacturer Covidien in North Haven.
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United Technologies Receives 2009 Innovation Excellence Award from Connecticut Technology Council (Business Wire via Yahoo! Finance)
Neverfail, a leading global software company specializing in affordable continuous availability and disaster recovery solutions, today announced that Deutsch Kerrigan & Stiles has been recognized with InfoWorld 100 award for its infrastructure overhaul and disaster recovery project.
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Neverfail Customer Deutsch Kerrigan & Stiles Honored in InfoWorld’s Top 100 IT Projects of 2009 (PR Newswire via Yahoo! Finance)
MALVERN, Pa.—-USA Technologies, Inc. today issued the following letter to shareholders urging its shareholders to vote the WHITE proxy card for the re-election of experienced directors at the December 15, 2009 Annual Meeting and to disregard any blue proxy card sent to them by the dissident shareholders, Bradley Tirpak and Craig Thomas.
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USA Technologies Sends Letter to Shareholders (Business Wire via Yahoo! Finance)