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Collaborative Family Law Process: A Peaceful Solution

Carolyn Zisser August 14, 2018

Is peaceful divorce an oxymoron? Not anymore. As a recovering family law litigator, I have handled hundreds of family law cases. I have come to believe that so much of understanding and achieving my clients’ goals involves assessing probable outcomes and anticipating and responding to the psychodynamics of the spouses; i.e., how the parties relate, use control, intimidation, and other

EB-5 RFEs And NOIDs Trend: Third-Party Currency Exchangers

Ye Xu August 14, 2018

In 1990, Congress created the employment- based fifth preference (EB-5) program in order to stimulate the U.S. economy through job creation and capital investment by foreign investors. Through this program, qualified foreign investors, their spouse and unmarried children under 21 are eligible to apply for lawful permanent residence of the United States. In order to obtain legal permanent residence through

New Limits On Court Ordered Therapy In Arizona

Mitchell Reichman July 31, 2018

The cultural creep toward Arizona family law judges making parenting decisions has been altered with two recent decisions by the Arizona Court of Appeals – Nicaise v. Sundaram and Paid E v. Courtney F. More than 25 years ago it was established that court-appointed psychologists who were performing custody evaluations enjoyed immunity. While extending this immunity, the court articulated that

Third-Party Custody And Grandparent Visitation

Tiffany Lesnik July 31, 2018

As unfortunate as it may be, I will sometimes receive calls from other attorneys who represent a parent who has just passed away and the question inevitably will be “can the grandparents sue for custody now or are they too late?” The answer is generally they are too late. Therefore, it is best for grandparents to file a motion for

Minnesota: Purple Rain / Purple Pain

Z. Peter Sawicki and James L. Young July 20, 2018

In our lifetimes, violet hues have become synonymous with the state of Minnesota. Much of that has to do with the 1961 arrival of the Minnesota Vikings on the local sports scene and the popularity of the purple & gold NFL franchise. However, the work-product and predilections of Prince Rogers Nelson for all things purple has cemented that color as

Where Left-Over Monies In Class Action Settlements Go

Patrick Perotti July 20, 2018

After class action claims are resolved, sometimes there are remaining funds because some class members can’t be found, died, moved, etc. The class members who did receive their full share are not entitled to a windfall in the form of an additional distribution. Similarly, the defendant is not entitled to keep money it agreed to forfeit in a settlement or

The “Power” To Dissociate Under Minnesota’s Revised LLC Act

Janel Dressen June 28, 2018

Minnesota’s Revised Uniformed Limited Liability Company Act (Minnesota’s Revised LLC Act), which applies to all Minnesota limited liability companies (LLCs) as of Jan. 1, 2018, introduces a new legal concept applicable to Minnesota LLC’s referred to as “dissociation.” While an undefined term, it essentially means the right to legally break up as business owners. After all, people can legally break

Warning: The FBI Is Getting Aggressive In Creating Crimes

Patrick McLain June 20, 2018

As a criminal defense attorney in federal and Texas state courts, I have dealt with numerous cases of allegations known as “crimes against children,” primarily have to do with the online conduct of citizens that run afoul of the law. The Federal Bureau of Investigation (FBI) and other federal law enforcement agencies getting aggressive in these cases. The FBI is

Premises Liability At Your Pool Party

Chad West June 20, 2018

Summer is a time for BBQs, pool parties, and… personal injuries? Every year, homeowners are sued by their guests for injuries arising from things like faulty stairs, misplaced rugs, dilapidated porches, holes in yards and a variety of injuries resulting from interactions with pools. Homeowners have a duty to their social guests – legally described as a gratuitous licensee –

A Class Is Ascertainable, Even If Identifying Class Members Is Difficult

Nicole Fiorelli June 11, 2018

Imagine filing a complaint, and two weeks later, receiving a brief in which the defendant argues that if you were to prosecute your claim, the defendant would have to review its own documents; therefore, your claim should be dismissed. Class action plaintiffs routinely encounter a variation of that frivolous argument, under the guise of “ascertainability.” Courts generally require a class

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