Checklist for Preparing For Divorce

Divorce not only affects spouses. It has a major impact on the children of a marriage as well. When divorces involve custody fights, you can make the transition easier for your children if you're well prepared. You might find that preparation helps you at a stressful time as well.

Options for Owners of Distressed Residential Real Estate

Owning a home is one the biggest investments an individual will make during their lifetime. Unfortunately, in the past few years, residential real estate values have plummeted. Consequently, property owners have found themselves in financial distress, often owing more on their home than it is worth. To make things worse, many of these property owners have lost their jobs and can no longer make their mortgage payments.

When you find a client in that position, what should you tell them? The good news is that there are often many options available. The key is knowing what these options are, and how to counsel your client to make the most informed decision possible.

Product in Development – Time for A Patent Application?

Business owners may ask their business attorneys whether a utility patent is appropriate for a new good or service (product). As even business-savvy attorneys often know little about the patent process, let me share some introductory information that I share time and time again in my initial telephone calls from businesses interested in a patent.

An 800 word article is not a substitute for specific advice from a patent attorney, but some information about the patent process helps provide orientation on when and why your clients should consult a patent attorney.

Private Student Loans and Bankruptcy

Picture this: Your client is an average person, working at a job and making his student loan payment every month on time. One day, his father dies. His father co-signed his private student loan many years ago. Soon after, the former student receives a notice from the bank: his loan is in default and they are accelerating payment.

In a panic, he calls you, his attorney, confused about why this is happening when he has paid his bills on time for many years.

Mythbusters – Family Law Style

Clients often have preconceived ideas of the laws applicable to their case. Many times they are correct, but just as often the lawyer’s task is to correct misperceptions. Addressed here are four commonly believed family law myths.

You’ve Been Arrested For DWI, Now What?

So you’ve been charged with a DWI. You wake up the morning after and your life is suddenly different. More than likely, your car has been towed or left in a vacant lot near the scene of your arrest. You look in your wallet, suddenly remembering that your license was confiscated by law enforcement. You wouldn’t be allowed to drive even if you had your car! The details of the evening come back to you in a rush of embarrassment and anxiety. Now what?

The North Carolina Brownfields Program

Wondering what all the fuss about re-development of contaminated properties, or “Brownfields” relates to, and how the program works? Fret no more. When contemplating Brownfields, think Superfund (and its sibling environmental cleanup programs). Were it not for owner liability under Superfund and related environmental statutes, there would be no Brownfields. That is to say, it is a fact that new owners of contaminated sites can be held just as liable for the cost of cleanup as the original polluters, which is why would-be redevelopers of such sites are driven into the arms of Brownfields programs. Moreover, as of this year, newly enacted legislation allows an important new category of sites – those polluted by underground storage tanks – into the program.

When Immigration and Family Law Intersect

Papa was a great big man from Togo. His estranged wife once tried to run him over – he had the ripped jeans to prove it. Whenever he came to the office to work on his case, he brought those ripped jeans with him in a plastic shopping bag — as if no one would believe him without the jeans in his possession.

We learned that Papa originally came to the United States to study at a local college, but found himself out of money and out of status within a year. When I met him, he was working illegally as a line cook, sweating every night over grilled racks of ribs and ribeyes at a local chain restaurant. Papa’s wife, a U.S. citizen, used his immigration status and the promise of a green card to control him. However, she never filed for Papa’s green card and it seems likely she never planned to do so.

Clearing Up the Mystery of Bankruptcy

People in financial trouble sometimes ask, “Should I file for bankruptcy?” Unfortunately, bankruptcy is not a one-size-fits-all shirt. Instead, the response is almost always: “It depends.”

For many people, bankruptcy is an amorphous concept, known only from stories or movies. Therefore, people are often uncertain of the process and ramifications of filing for bankruptcy.

Bankruptcy is based on federal law, but some parts of it are affected by state law and local rules, which makes it unique to every city and state. It’s also individual to each person or family based on different circumstances. That’s why even many lawyers are unfamiliar with the nuances of filing for bankruptcy.

False Claims And Whistleblowers: Make Money Catching Bad Guys

We’ve all seen the news coverage. From Medicare and securities fraud to government contractor fraud and workplace safety violations, businesses and individuals often cut corners or run scams. And some can’t resist testing new government programs and contracts for weak spots to exploit. To these scammers, the Affordable Care Act is an irresistible target-rich environment and we’ll hear their stories in the coming years. Here’s the good news: you can actually make money catching these bad actors.

Affecting The Balance Of Negotiating Power

Are great negotiators born or can anyone acquire their skills? Every negotiator comes to the negotiating table blessed or handicapped by certain unchangeable circumstances. But all things being equal why do some negotiators achieve better results than others. Mediators have both a unique view of other people’s negotiations and serve a unique role in those negotiations.

The Trend Toward 50/50 Custody Arrangements

In the last 10 years, there has been a dramatic shiftin what is considered a standard custody arrangement. In the past, the norm was the mother having primary physical custody of the children with the dad having every other weekend and maybe a dinner visit during the week. However, there has been a movement toward shared custody arrangements, often referred to as 50/50 or joint custody. Some states have even passed laws making joint custody the default option.