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Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Perplexing Problems Under the Uniform Transfers to Minors Act Image

Perplexing Problems Under the Uniform Transfers to Minors Act

Paul L. Feinstein

The first part of this article discussed UTMA requirements, accounting and liability. The conclusion herein addresses attorneys' fees and sanctions.

Psychological Assessment Meets Legerdemain Image

Psychological Assessment Meets Legerdemain

David A. Martindale

The focus of this article is the attempt by proponents of drawings as a data source to develop and employ means by which attributes observed in children's drawings can be quantified.

Features

Pre-Separation Dissipation and the Marital Estate Image

Pre-Separation Dissipation and the Marital Estate

Mark Momjian

Over a generation ago, few contested divorce actions involved claims of economic misconduct. As the current recession deepens, these claims are not only on the rise, but they appear to be the rule in many cases.

Features

Best Practices in Client Relationship Skills Image

Best Practices in Client Relationship Skills

Sharon Meit Abrahams

There are key activities that lawyers can engage in to promote the health of existing client interactions. All of these activities can be categorized into one of three stages: 1) establishing the relationship; 2) building the relationship; and 3) proliferating the relationship.

ABA Social Network Fails to Connect Image

ABA Social Network Fails to Connect

Robert J. Ambrogi

The American Bar Association has jumped on the social networking bandwagon with a site of its own, LegallyMinded. Here is the author's review of the site.

Practice Building Skills: Marketing Kryptonite That Will Overcome Attorney Objections Image

Practice Building Skills: Marketing Kryptonite That Will Overcome Attorney Objections

Larry Bodine

According to the author: Yes, you can win an argument with an attorney and get your marketing initiative approved, if you present the right data to get your point across.

Features

Client Speak: Is the Burden of AFA Here to Stay? Image

Client Speak: Is the Burden of AFA Here to Stay?

Donald E. Aronson

The recent dramatic downturn has created something relatively unknown to law firms: the "insistent buyers' market" (or "ibm"), wherein all the pent-up frustrations of the past have suddenly found a voice and now have to be confronted and no longer ignored.

Features

Media & Communications Corner: Don't Send That Release (over the Wire) Image

Media & Communications Corner: Don't Send That Release (over the Wire)

Nicholas Gaffney

Law firms and other businesses devote a huge amount time, effort and money to creating and promoting "news" via press releases. But are they worth the time and money?

Career Journal: Reinventing the Interview Image

Career Journal: Reinventing the Interview

Michael DeCosta

Despite their interviewing success historically, candidates for legal marketing positions are more likely to be facing a higher level of scrutiny on multiple fronts that could easily trip up an otherwise strong interviewer's performance.

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MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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  • The Flight to Quality and Workplace Experience
    That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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  • AI or Not To AI: Observations from Legalweek NY 2023
    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
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