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Economic Abuse May Be Recognized By New York Courts
In 2002, the Appellate Division, Second Department, handed down what could be seen as an extremely significant decision in a custody case involving domestic violence ' Wissink v. Wissink, 301 AD2d 36 (2d Dept. 2002). Quoting New York Domestic Relations Law (DRL) Section 240 (1)(a), the Wissink court told the trial courts it expected them to pay careful attention to the legislature's mandate that in custody and visitation cases “the court must consider the effect of ' domestic violence upon the best interest of the child.”
The primary thrust of the Wissink case was to emphasize the need for careful evaluation of the psychological effects of domestic violence on the child, using up-to-date research and methodology. See Judith Reichler & Nancy S. Erickson, Custody, Domestic Violence, and a Child's Preference, NY Law Journal, April 24, 2003, page 4, col. 4. In a little-noticed paragraph of the decision, however, the court held that evidence of certain economically abusive behavior was relevant in a custody case and should not be excluded. This is a very important holding that should be examined by judges and attorneys and applied in other cases.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.