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New York Courts Address Parental Alienation
Both custodial and non-custodial parents often worry that they are being bad-mouthed by their exes when the kids are in the other parent's care. Sometimes they are right. Sometimes they are wrong.
When the question of parental alienation and its influence on custody matters becomes an issue for the courts, problems of proof may arise on both sides of the conflict. For example, in a case decided in December 2009 by the Appellate Division, Second Department, a mother's attempt to have her child's custody arrangement changed on the basis of parental alienation failed. In fact, although she had brought the original petition to have an agreed-upon custodial arrangement changed due to her children's father's alleged attempts to alienate them from her, the hearing court found that it was in fact she who was guilty of such actions. On appeal, the Second Department looked at the evidence she proffered ' or, in her case, the lack thereof ' and agreed with Westchester County Family Court that the award of physical custody to the father should not be disturbed. Adams v. Perryman, — N.Y.S.2d —-, 2009 WL 4680555 (2d Dept. 12/8/09).
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.