One of the most difficult aspects of family law practice is dealing with a client who believes he or she has been wronged by the other spouse — and expects the legal system to respond in a punitive manner.
As matrimonial practitioners, the following scenario has confronted many of us: The parties enter into a separation agreement, duly executed and acknowledged, but do not proceed immediately to a divorce. After a futile attempt at reconciliation — during which the parties may have resumed a sexual relationship — an action is brought for a conversion divorce.
Some courts have indicated a willingness to reject the recommendation of neutral forensic experts, weighing the evidence on their own to make a custody determination.
Your ethics questions answered by the expert.
With surprising alacrity, the New York State Legislature followed the lead of the New York City Council by banning smoking in all respects in the workplace, and went further by eliminating some of the few exceptions present in the City law applicable to restaurants and bars. Governor George Pataki signed the bill within hours of receiving it from the Legislature. The new law, which takes effect in late July, is one of the strictest state smoking bans in the country.
Recent rulings of importance to you and your practice.
When a former executive accepts a position with a competitor, how does the original company protect its trade secrets? One method is to invoke the doctrine of inevitable disclosure, which prohibits a former executive from competing when he or she cannot help but disclose or use the former employer's trade secrets to do so. Divulging these secrets, of course, would be in violation of the executive's continuing fiduciary duty to his or her former employer.
The New York Court of Appeals has once again rejected an effort to limit the employment-at-will doctrine in New York, ever so slightly, when it rejected a claim by a physician working for The New York Times that she was inappropriately required to disclose patient medical records in violation of state law, her code of ethical conduct, and various state and federal regulations.
Management counsel has become quite predictable when asked by a client: "Can we give a job reference for a former employee?
