http://blogs.wsj.com/law/2010/08/17/fashion-police-patrol-the-courtroom/

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The New York Law Journal reports that Governor David Paterson signed into law no-fault divorce.  New York is the last state to pass such a law. In my opinion, this measure was long overdue.

A spouse can receive a divorce by declaring under oath that a marriage has been “irretrievably” broken for at least six months.  According to the Law Journal, you should be aware that other issues related to divorce, such as child custody and distribution of property, must first be resolved by the parties or determined by the court before a marriage can be dissolved.

Below is the text of the law:

BILL NUMBER:A9753A              REVISED 7/26/10

TITLE OF BILL:  An act to amend the domestic relations law, in relation
to no fault divorce

PURPOSE OR GENERAL IDEA OF THE BILL: This bill would allow a judgment of
divorce to be granted to either party to a divorce action without
assigning fault to the other party. However, a divorce could only be
granted after the major ancillary issues have been resolved.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 170 of the Domestic
Relations Law is amended by adding subdivision 7 allowing divorce when a
marriage is irretrievably broker, for a period of at least six months,
provided that one party has so stated under oath.

This judgment can only be granted after the following ancillary issues
have been resolved: the equitable distribution of marital property, the
payment or waiver of spousal support, the payment of child support, the
payment of counsel and expert fees and expenses, and custody and visita-
tion with the infant children of the marriage.

A judgment of divorce under this subdivision could not be issued until
all these issues are resolved.

Section 2 establishes that this act shall take effect on the sixtieth
day after it shall have become law.

JUSTIFICATION: New York is the only state that does not have a no-fault
divorce provision.

Currently, a divorce can only be procured by alleging fault such as
cruel and inhuman treatment, adultery, abandonment or confinement of the
defendant in prison (in addition to the parties living apart pursuant to
a separation agreement or judicial decree for more than one year). Yet
many people divorce for valid reasons that do not fall under these clas-
sifications. They are forced to invent false justifications to legally
dissolve their marriages. False accusations and the necessity to hold
one partner at fault often result in conflict within the family. The
conflict is harmful to the partners and destructive to the emotional
well-being of children. Prolonging the divorce process adds additional
stress to an already difficult situation.

A study cited at the 2007 Forum on the Need for No-Fault Divorce
presented by the NYS Office of Court Administration's Office of Matrimo-
nial and Family Law Study and Reform showed a large decline in domestic
violence in states with no-fault divorce. The 27 states studied that
have adopted no-fault divorce statutes have seen female suicide rates
decline approximately 20 while reports of domestic violence committed by
husbands against wives were reduced by more than one-third.

This legislation enables parties to legally end a marriage which is, in
reality, already over and cannot be salvaged. Its intent is to lessen

the disputes that often arise between the parties and to mitigate the
potential harm to them and their children caused by the current process.
Because a resolution of all the major issues must be reached before a
divorce judgment is granted, this legislation safeguards the parties'
rights and economic interests.

It is the intent of this legislation to grant full recognition and
respect to valid marriages of same-sex couples to obtain relief under
New York State laws and in New York's courts. While the Domestic
Relations Law uses the terms "husband and wife" in some places and
"plaintiff and defendant" in others, in using the terms "husband and
wife", it is not the intent of this legislation to preclude access to
relief under the Domestic Relations Law by same-sex couples with valid
marriages performed outside the state. Current New York law, written to
apply to "husband and wife," has been properly interpreted by New York
courts to allow relief for same-sex couples with valid marriages. It is
not the intent of this legislation to alter the interpretations of this
case law including Martinez v. County of Monroe. 50 A.D.3d 189, 850
N.Y.S.2d 740 (4th Dep't 2008), Beth R. V.  Donna M., 19 Misc. 3d 724,
(Sup. Ct., N.Y. County 2008), and C.M. v.  C.C., 867 N.Y.S.2d 884, (Sup.
Ct., N.Y. County 2008), nor is it the intent of this legislation to
alter New York State's policy to recognize out-of-state same-sex
marriages.

PRIOR LEGISLATIVE HISTORY: A9398A of 2007-2008.

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it
shall have become law.

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Jonah Peretti, cofounder of The Huffington Post and founder of BuzzFeed, gave a great talk at theViral Media Meetup, covering his history of viral success.

Read more: http://www.businessinsider.com/jonah-perettis-awesome-viral-media-presentation-explained-2010-8#ixzz0wmNKp4Jm

Here is a recap:

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It’s 5:00 on Friday and your boss calls you into her office.  You probably noticed that business has not been going well.  A long time customer has left and there is simply not enough work to go around.  Your boss, tearing a bit, breaks the news and offers you a severance package. Should you take it?

Believe it our not, you can negotiate a severance agreement.

1. Understand that your emotions while be on high after you are initially handed the agreement.  The worst thing that you can do is let your boss “have it.” Be cordial and ask for time to review the agreement.  You have the legal right to do so.
2. Don’t sign anything immediately. Your boss may ask you sign a waiver, which could release any future rights that you may have in the event of a potential lawsuit. So if you a fired while you are pregnant, waive your discrimination case goodbye.
3. Be aware that your employer cannot withhold your wages if you fail to sign the agreement.
4. Have you been paid all over your benefits? Review your employee handbook or employment contract to see if you are owed any vacation time.
5. How is the severance payment being disbursed? In a lump sum or over a period of time.  There could be tax benefits for choosing one form of payment over another.
6. What health insurance is being offered?  Look into possible of extension of your Cobra benefits.
7. Your employer may want you to sign a non-compete agreement or non-disclosure agreement.  If you sign a non-compete agreement, you may have trouble seeking new employment if the terms are not analyzed.  A non-disclosure agreement may prohibit you from disclosing trade secrets to a potential new employer.
8. Do you have any stock options?
9. In some cases, your employee handbook or agreement may provide that your employer will pay your legal expenses for an attorney review your severance package.
10. You can negotiate with your employer and agree to the language of your recommendation.

Don’t negotiate your severance agreement alone. The Law Office of Frederic R. Abramson reviews, drafts and negotiates severance agreements.  Call me at 212-233-0666 for a free consultation.

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The Wall Street Journal reports that the recession has left more people with the daunting prospect of going to court without a lawyer.

Many people have found themselves in court facing potentially expensive  financial proceedings such as fighting foreclosure and litigating employment fights are deciding to go pro se rather than hire a lawyer.

According to the article, legal experts say many people are likely losing claims and paying penalties they could have avoided with a lawyer at their side. Litigants often don’t understand the sort of evidence they need to present in legal proceedings, said Florida state Judge Claudia Isom.

Raymond Brescia, a professor at Albany Law School, noted that “People will gather legal information from the Internet, from friends, or leaflets at a courthouse and think, ‘I can play checkers, I’m ready. But when they get to court they realize it’s a game of three-level chess, and they don’t have the first idea of what’s happening.”

The Law Office of Frederic R. Abramson practices civil litigation in New York.  If you have a question, call me at 212-233-0666

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4. NY State Court Civil Litigation- Why Case Investigation is Vital

Thousands of New Yorker’s have fallen behind on paying their bills.  The New York Times reports that debt collection law firms have taken over the docket in New York Civil courts demanding repayment. In New York County, there are two courtrooms devoted to debt collection lawsuits.

The Times highlights the role of Cohen & Slamowitz, a Woodbury, N.Y. law firm.  The firm has been filing roughly 80,000 (wow!) lawsuits a year with only 14 lawyers.  Because debt collection law firms often do not have enough staff to vet their cases, the basis of many lawsuits is improper. In my experience, many debt collection lawsuits have incorrect information about the debtor and the amount in dispute.

Credit card companies have increasingly sold off debt to debt buyers. They sell the debt in bulk, usually for 5 cents or less on the dollar.  The  new owners of the debt then hire a law firm and then attempt to collect on the debt.  The law firms are hoping that people fail to answer the lawsuit and try to collect on a default judgment.

If you have been sued as a result of an alleged debt you should:

• Read the papers that are given to you to find out the party that is suing you.  Do you have any relationship with the business suing you?
• What are you being sued for? Is it a credit card debt?
• Ask for verification of the debt. Make the law firm provide paperwork proving that you owe the debt. Often they are unable to come up with it.
• When was the lawsuit filed? Depending how you have been served, you must provide an answer within 20 or 30 days.
• Has the debt been resold? If the debt has been resold to a company that is located outside New York, it is unlikely that they will be able to provide a witness at trial. Even if the debt is valid, they will be unable to prove it and you will win.
• Where are you being sued?  If you are a New York resident and the lawsuit is in New Jersey, they do not have proper jurisdiction over you and you can have your case dismissed.

If you have beens sued in New York for a debt, contact me at the Law Office of Frederic R. Abramson at 212-233-0666.

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A good supplier agreement is to designed to keep you out of court. It can also help you win a lawsuit if there is a dispute. If you have an ongoing relationship with a supplier, a well-drafted agreement is crucial. One especially thorny issue is creating a way to easily end a contract.  If you have an arrangement with a  supplier, there is normally an umbrella agreement which is succeeded by purchase orders.

Here is what you need to know when drafting an umbrella agreement:

• Gauge the volume and frequency of the supplies you will require. You should specifically identify the goods that are to be delivered.  You should also leave room for anticipated problems, such as a downturn in the economy which could limit your ability to purchase goods.
• Is the contract exclusive or non-exclusive? Suppliers usually favor exclusive agreements.
• Negotiate a  termination clause.
• Negotiate a  way to limit liability. If you are supplying goods like food, you don’t want to be held liable for damages for lost profits if you fail to make a delivery on time.
• Term of the agreement. You should be wary of entering into an agreement for over 3 years.  Who knows what your business will look like a decade later?
• Confidentiality. You probably don’t want your competitors to know the terms of your agreement.  Any information gleaned from a supplier agreement can be used for competitive advantage.

PURCHASE ORDERS

• Identify each order and state that it is subject to the umbrella contract.
• Create a purchase order that you can re-use.  It is best to leave time and quantity blank.
• Date the purchase order.

Be aware that problems with supplier agreements is a major source of litigation.  I recently litigated a case between a supplier and a franchisee which was a result of a poorly drafted umbrella agreement that cost the franchisee $250,000.00.

If you questions regarding supplier agreements, contact me at the Law Office of Frederic R. Abramson at 212-233-0666.

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Consumer Reports confirms that there is an antenna problem with the iPhone 4.  They do not recommend purchasing the new phone until the flaw is corrected.

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There is an interesting guest post on Techcrunch  Europe by Richard Leyland, an entrepreneur who started WorkSnug, a location-based service for mobile workers. His company has launched in sixteen cities and may be considered a global company.

What is unique about his company is its committment that none of his employees will fly in the course of its business.  His employees travel via cars and trains.  The reason: climate change.  According to Mr. Leyland flying is far from the only factor causing climate change, but as an example of our wasteful fossil fuel addiction it really takes the biscuit.

So how is his company doing? The first thing they have done is take to the trains. He reports that trains are more difficult to book, more expensive and a longer journey. But trains are excellent for concentrated work, they drop his employees in the middle of cities and airport stress is relieved.

Worksnug also relies on technology.  Like 37signals, another innovative startup, Worksnug has interviewed and hired employees using Skype. They also report using social media tools, such as Twitter to stay connected with their employees.

Mr. Leyland admits that there is nothing revolutionary happening at his company.  After all, you do all these things too.  The simple act of  abandoning the plane is unique.

What do you think?  Is it possible for your company to forgo air travel?

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