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The Matrimonial Strategist
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Articles from Related Newsletters
Hearsay Evidence in Custody Cases
New York Family Law Monthly
The rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases, especially where the custodial parent frequently remarries or lives with a new partner. Understanding the rule and its implications is critical to the effective representation of a client in a custody matter.

Supreme Court Makes It Easier For Employers to Sue for Retaliation
Employment Law Strategist
In a pair of workplace discrimination cases, the Supreme Court on May 27 made it easier for workers to sue employers who retaliate against them for reporting bias.

The Benefits Priority Cap of § 507(a)(5)
The Bankruptcy Strategist
Thirty years after the enactment of BAPCPA, there are still unresolved issues that arise from time to time under the pre-BAPCPA Bankruptcy Code. One such issue involves the proper application of the statutory priority cap found in Bankruptcy Code § 507(a)(5), including its interplay with § 507(a)(4).

Subprime Mortgages and D&O Coverage: Will Insurers Pay and for What?
The Insurance Coverage Law Bulletin
Part One of this article addressed the roots of the subprime crisis and resulting litigation, and provided an overview of D&O coverage. This month’s installment focuses on specific D&O coverage issues.

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Headlines
Practical Suggestions for Matrimonial Arbitration
At the May 2008 AAML (American Academy of Matrimonial Lawyers) Matrimonial Arbitration Training Institute, presenters from North Carolina, Michigan and Texas, with scores of years of arbitration experience, gave advice about the responsibility of arbitrators and the smooth presentation of an arbitration case. That training is being considered through the lens of an important Pennsylvania matrimonial arbitration case: Deborah Kennedy v. Michael Kennedy.

Justice Department OKs Benefits for Lesbian Couple's Child
The federal government may not recognize same-sex couples, but it can pay benefits to their children. That is the result of a U.S. Department of Justice opinion released June 9.

Discharge of Family Law Obligations in Bankruptcy
BAPCPA made significant changes in the treatment of alimony, child support and other obligations arising out of the dissolution of the marital relationship. This article refers to these obligations collectively as "family law obligations." Although many articles appeared in 2005 regarding the changes made by BAPCPA, it is worth revisiting these changes as they apply to the family law practitioner because the current economic downturn will lead to many more consumer bankruptcy filings in the remainder of 2008 and in 2009.

Diagnostic Distractions
This article explores the question of whether diagnostic labels have a legitimate place in the custody evaluation context and related evidentiary considerations of reliability, validity, relevance, and prejudice.

September Issue in PDF Format