Sophisticated Manipulators
April 27, 2006
Custody battles are stressful to clients, and few litigators escape the psychological daggers of a tough, demanding fight. Some clients make the combat more tolerable, while others seem destined to escalate hostilities. To date, there is no established taxonomy for identifying custody litigant 'types.' Yet, every matrimonial lawyer with custody battle experience has stories to tell about particular clients from difficult cases.
No Palimony in New Jersey
April 27, 2006
A 70-year romance is insufficient for a claim for palimony support in New Jersey. A New Jersey appeals court recently ruled that without cohabitation, an extramarital ro-mantic relationship ' even one that spanned 70 years ' cannot be a basis for palimony support.
Authenticating Electronic Evidence: From Collection to Production
April 27, 2006
In today's highly litigious society, the great deal of electronically stored information (ESI) flying around can complicate the resolution of disputes. Depending on the industry and the individual, electronic documents may exist on home computers, laptops, PDAs, voice-mail systems and flash drives, as well as on corporate-based servers, archiving systems and network share drives. Yet, many companies wait until litigation begins, or even later, to consider electronic data and preservation issues. This can result in greater expense and a higher risk of mistakes. For example, if documents are missed or if the wrong documents are turned over to the requesting party, a company can expose itself to spoliation fines or worse ' unknowingly reveal the potential 'smoking guns.'
Who Is a Grandparent?
April 27, 2006
It has been said that 'just definitions either prevent or put an end to disputes.' Perhaps this saying exaggerates the point, but it does highlight the importance of understanding the precise meanings of words. In contemporary family law practice, however, many legal definitions are not precise. Instead, they often express the essential nature of terms and concepts, underscoring the dynamic nature of domestic relations law and the need to alter or expand the legal vocabulary in response to modern social reality.
Recent Developments from Around the States
April 27, 2006
Recent rulings of interest to you and your practice.
NY High Court Must Clarify Employee Choice Doctrine
April 27, 2006
A federal appeals court has put a $2.9 million employment lawsuit by a former investment banker on hold until the New York Court of Appeals can answer an undecided question of state law.
Seven Reasons Why Mediating Employment Disputes Is a Good Idea
April 27, 2006
The explosion of employment claims in this country has resulted in an increased focus on resolving employment disputes prior to trial, in particular through mediation. Unfortunately, businesses and their managers often fail to appreciate why employment matters are particularly well-suited to mediation. This, in turn, discourages parties from participating meaningfully in mediation. The following article examines seven compelling reasons why mediation is such an attractive and viable option for prospective litigants.
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