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The recent unpublished (i.e., non-precedential) case of M.E.G. v. C.P. (link) shows how unpredictable family law matters can be. In the case, a child was born in June of 2016 in New Jersey. Under N.J.S.A., children may not be removed out of New Jersey without the consent of both parents unless a Court permits the removal. The parties were not married but planned to relocate from New Jersey to Florida after the child’s birth for a fresh start and financial stability. In November of 2017, the parties executed a relocation agreement which allowed the mother to relocate to Florida with the child and contemplated the father moving to Florida at a later time.

Continue Reading Considering a Relocation Agreement? Think Again!

Whether or not to vaccinate a child has been an issue for years that family law attorneys have addressed during divorce proceedings or in post-judgment cases (i.e., after a divorce). Clients often ask whether a Court has the authority to require a child to be vaccinated when one parent wants the child to be vaccinated and the other parent does not. This question has become even more relevant recently in light of the Pfizer COVID-19 vaccination being available to children ages 12 and older. A recent unpublished (i.e., non-precedential) Appellate Decision has shed some light on this issue. As is the case with most legal issues, the answer is “it depends.”

Continue Reading Can a Court Require Me to Get My Child Vaccinated?

As Family Law attorneys, we are familiar with the importance of discretion—especially involving sensitive subject matters. We listen to very personal and/or sensitive information from clients regularly, it is part of our jobs. We fully understand that we owe a duty of confidentiality to all of our clients and take that very seriously.

However, this may be the first time you are looking for a divorce attorney. Most people find their divorce attorneys by either word of mouth referrals or online. If you searched for a divorce attorney on a shared computer, you might find yourself lying awake at night wondering if these ads may appear the next time your spouse is logged on. What does not have discretion or a duty of confidentiality is the software that allows the ads to appear online by remembering/recording your recent online searches. Here are a few simple steps you can take to prevent an unfortunate situation of your spouse seeing an ad for a divorce attorney or law firm while shopping online.

Continue Reading Tips for Searching For a Divorce Attorney Online Without Your Spouse Knowing

On December 22, 2020, the U.S. Securities and Exchange Commission adopted amendments to the rules under the Investment Advisers Act of 1940 relating to advertisements. A copy of the adopting release is available here. This alert is to provide you with a high-level overview of the amendments and the new rule. Firms will have roughly 18 months to get into compliance with the new rules and we will be available to assist them with (i) updating their policies and procedures to comply with the new marketing rules, (ii) reviewing any collateral advertisements, (iii) assisting them with reviewing their solicitation arrangements, and (iv) addressing any questions they may have relating to testimonials, endorsements, third-party ratings, recordkeeping, or their Form ADV.

Continue Reading SEC Amends Advertising and Solicitation Rules: Numerous changes to start digesting and implementing.

Unfortunately bad actors are leveraging the current Coronavirus epidemic for malicious intent. It has escalated so quickly that the United States Secret Service issued a press release.

As you might imagine, the phishing attacks exploit our concerns regarding COVID-19.

One widespread campaign includes a poisoned PDF document labelled “CoronaVirusSafetyMeasures_pdf“ which, if opened, can give full administrative control of your computer to the attacker.

Continue Reading Possible Security Risks of Working from Home

California Assembly Bill 5 (the “Bill”) was passed in Senate on September 9, 2019 after passing the Assembly back in May. According to reporting by the New York Times, it is expected that California Governor, Gavin Newsom, will sign the bill.

The Bill changes the status quo on the classification of employees and independent contractors. As the preamble to the Bill makes clear, California courts currently follow the common law rules for determining whether an employer-employee relationship exists or whether a person is an independent contractor. That test has numerous parts, but one of the important elements for a person to be considered an independent contractor is that the person must be free to control the performance of their work.

Continue Reading California Assembly Bill 5 and the (Non-)Impact on the Financial Services Industry

On March 20, 2019, the Massachusetts Securities Division, Enforcement Section (the “Division”) filed a complaint against an investment adviser located in Massachusetts. The complaint alleged that the firm’s two owners and financial professionals “gambled away millions of dollars in client assets through high risk bets on the oil and gas market.”[1] This author vehemently disagrees with the Division’s complaint and the message it sends to the industry.

Continue Reading Massachusetts Securities Division Changes the Law Applicable to Investment Advisers Overnight

In April 2018, California’s Department of Business Oversight (“DBO”) announced that, beginning in October, it will begin conducting an online questionnaire-based examination of certain investment advisers registered with the DBO. This digital examination will be in addition to the DBO’s onsite examination program. The DBO recently sent registered investment advisers a reminder of this pending initiative. It is unclear from the DBO’s communications whether this online examination will be required for every investment adviser on an annual basis or only after an investment adviser receives an examination request.

Continue Reading California to Conduct Written Electronic Examination of State-Registered Investment Advisers