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Child Custody Factors: Relationship with Both Parents Gains in Importance
Deciding between parents in a contested child custody dispute is one of the most daunting challenges a court can face. The relevant statute in New York, for example, directs simply that the court make its decision on the basis of “the best interests of the child.” (Domestic Relations Law ' 240.) The statute essentially stops at this level of abstraction. It provides no objective or operational definition of “best interests of the child,” meaning that it remains an elusive concept, an aspiration really, rather than an operational standard.
Underscoring the subjectivity and complexity of the concept, judicial proclamations have made clear that the “only absolute in the law governing custody of children is that there are no absolutes” Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 432 N.E.2d 765 (1982), and that the court must base its determination on the totality of the circumstances. As often stated by the Court of Appeals, the decisional law eschews absolutes in favor of elucidating “policies designed not to bind the courts but to guide them in determining what is in the best interests of the child.” Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 (1982). These decisions leave the litigation landscape immersed in a thick fog of subjectivity and the lawyers and judges who traverse it in constant search for points of clarity. As an example, a review of recent New York decisions offers slight elucidation.
An Elusive Aspiration
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.