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Litigation

Secrets to a Successful Summer Rental

Andrew M. Lieb | Posted 07.17.2014 | Travel
Andrew M. Lieb

With the prime summer rental month of August fast approaching, here are some areas that every summer rental landlord and tenant should consider.

Astoria Characters: The Lawyer and the Singer

Nancy Ruhling | Posted 07.08.2014 | New York
Nancy Ruhling

There's music playing when Marc Gross opens the door. Cara Samantha, his wife, is sitting on the sofa. She's not singing, merely speaking softly, but her sultry voice relegates the famous one on the CD to deep background.

Costs of Litigating a Termination of Alimony Claim - Is It Worth the Price?`

Diane L. Danois, J.D. | Posted 06.23.2014 | Divorce
Diane L. Danois, J.D.

At the end of the day, very often litigants are left wondering, "Was it worth it?" Wouldn't it be nice if we could go into the process with a better understanding of what it may actually cost to litigate a claim, so we can weigh the pros and cons and make our own, informed decisions?

To Court, or Not to Court

Jack Garson | Posted 08.17.2014 | Business
Jack Garson

Avoid litigation when you can. When you can't -- win. Is it worth it? Or, more importantly, when does it make sense to fight it out in court, and when should you do everything possible to avoid it?

Painkiller Lawsuit Against the NFL Will Cause the League a Serious Headache

Roger I. Abrams | Posted 07.24.2014 | Sports
Roger I. Abrams

Fresh from tentatively settling the class action lawsuit based on the concussions suffered by its players, the National Football League faces a new challenge that promises to cause the League migraines for years to come.

Mortgage Modification Litigation Continues

Brad Reid | Posted 07.23.2014 | Business
Brad Reid

Statutory language may be narrowly interpreted by courts. Federal legislation may preempt state legislation. The "third wave" of mortgage modification litigation will likely continue for some time with lenders frequently prevailing.

Is Suing Someone in Court Similar to Getting a Digital Rectal Exam?

Lance Soskin | Posted 07.14.2014 | Business
Lance Soskin

As frustrating as it can be trying to complete your own tax return and determining what you can legitimately claim and what you cannot, the rules and procedure of court can be equally frustrating to decipher.

Wondering What The Difference Is Between Mediation and Arbitration?

Lance Soskin | Posted 07.09.2014 | Small Business
Lance Soskin

Many contracts, including many consumer contracts like cellular service contracts and credit card agreements, have a clause that requires disputes arising from that contract be resolved by binding arbitration rather than litigation. This helps companies keep their costs down and keep their disputes private.

How This Lawyer Rediscovered Herself And Her Career At 60

John Tarnoff | Posted 06.29.2014 | Fifty
John Tarnoff

Let's assume that we're all going to hit a wall in our careers sooner or later. If we're 50 or over, and it hasn't already happened, be on the lookout. This installment is a personal story about a longstanding friend of mine, a New York lawyer named Janet Scully who worked for 22 years as an attorney for Travelers Insurance.

Are You Certain That Your Lawyer Is Not Impaired?

Mark Baer | Posted 06.14.2014 | Divorce
Mark Baer

I have written a number of articles about the negative impact that certain "types" of attorneys have made on our "system of justice." The first articl...

Does the Nonprofit CEO Need to Go??

Eugene Fram | Posted 05.24.2014 | Business
Eugene Fram

Volunteer directors are loathe to be confrontational when a CEO has been marginally satisfactory for a number of years, preferring to avoid the "drama" that inevitably accompanies the "changing of the guard."

Garcia v. Google: Hard Cases Make Bad Law

Schuyler M. Moore | Posted 05.05.2014 | Entertainment
Schuyler M. Moore

The truth, for good or ill, is that judges rule with their hearts, and then they add a bunch of words to rationalize what they have done. The problem is that those bunch of words are often senseless and more often come back to cause contortions in later decisions.

Howard's Daily: Rethinking the Goals of Litigation

Philip K. Howard | Posted 05.04.2014 | Politics
Philip K. Howard

Legal scholars tend to look at the internal logic of law. Why not let claimants lay off some of the risk of litigation on outside investors? After all, especially in complex cases, it may facilitate someone's ability to pursue the claim.

How Facebook Can Get You Terminated and Keep You Terminated

Don McNay | Posted 04.28.2014 | Business
Don McNay

If your employer can prove that you spend 63 percent of your time on social media, it doesn't make any difference how productive you are during the other 37 percent of the day. Judges, juries and arbitrators are going to look unfavorably on your cause.

Howard's Daily: The Evil in Investing in Litigation

Philip K. Howard | Posted 04.23.2014 | Politics
Philip K. Howard

The direct costs of sue-for-anything justice are only the tiny tip of a far larger cost--a pervasive fear of litigation has replaced a sense of freedom and spontaneity in social dealings. A tidal wave of defensiveness has washed over American culture.

An Essay on Divorce Corp., The Movie

Diana Mercer | Posted 03.24.2014 | Divorce
Diana Mercer

I finally saw Divorce Corp. Finally. After much banter on Facebook, a barrage of emails, a New York Times article, and the Huffington Post's own Paul Raeburn's review of the film, I finally saw what all the fuss is about.

The Judicial-Industrial Complex

David Bergstein | Posted 02.25.2014 | Los Angeles
David Bergstein

An increasingly alarming number of frivolous cases are being filed, both as class action suits and individual claims. Many proceed for years, sometimes for more than a decade. Even if a claim is defeated, the costs involved in defending a claim are exorbitant.

Things to Consider Before Litigating

Mark Baer | Posted 01.25.2014 | Crime
Mark Baer

As you can see, decisions rendered in court are not based on all of the evidence -- just all of the legally admissible evidence

Family Law Litigation: The Gift That Keeps On Giving!

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Everyone in the family law trenches knows that such overreactions are far from uncommon as a result of the exacerbation of conflict and increased distrust resulting from a litigated divorce.

Aggressive Lawyering Is Counter-Productive

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

If clients stopped requesting and otherwise seeking out destructive lawyers who are making a tremendous amount of money doing nothing but wreaking havoc and destroying families among other things, the supply of such lawyers would decrease.

Important Distinctions Between Litigation and Mediation

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Throughout the conference, the panelists kept reiterating that what occurs in court is state specific, "locale specific," and jurist specific. In other words, results vary from judge to judge based upon the judge's biases, beliefs, assumptions and values. I think this should really scare anyone and everyone.

Parties' Positions and the Mediation Process

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Evaluating the "strengths and weaknesses of the parties' positions" is often more perception than reality.

New Proposal to Slay Patent Trolls Would Be a Boon to the Digital Economy

Zachary Graves | Posted 10.07.2013 | Technology
Zachary Graves

Following a slew of other bills introduced this year to address America's broken patent system, House Judiciary Committee Chairman Bob Goodlatte released a second draft of a proposal to extend and amend the America Invents Act of 2011.

Schemers and Dreamers

Schuyler M. Moore | Posted 09.05.2013 | Entertainment
Schuyler M. Moore

More than one film has had to have the plug pulled in mid-production because someone made the sorry mistake of relying on the words "trust me."

What Does Las Vegas Have in Common With Attorneys?

Ben Hanuka | Posted 10.30.2013 | Business
Ben Hanuka

When cases to go court, they become a gamble. A crapshoot. If you have been involved in a civil court case that went to trial, you know it. People who should win, lose. And people who should lose, win.