Below is a roundup of the recent awards, recognitions, media, and other accomplishments of our attorneys from around the country.
Attorney Spotlight: New York
This edition of Attorney Spotlight highlights one of my honored New York City colleagues in Blank Rome’s Matrimonial & Family Law group—Marilyn B. Chinitz.
A graduate of New York University and the Benjamin N. Cardozo School of Law of Yeshiva University, Marilyn has more than 35 years of experience in family law and arrived at Blank Rome in 2007. Marilyn focuses her skills as a lawyer to empower her clients to rise above the personal difficulty that they face in matrimonial disputes, and to gain their own perspectives on what is important in their lives.
Marilyn is my reliable “bookend” at the firm. We are both naturally very driven professionally but we both also care deeply about community and giving back. Ironically, even though we are on opposite ends of the country, we have occasionally been referred the same client with different matters at the same time or even the same client for one matter. Marilyn finds that she can sometimes represent clients who are the kings and queens of their world, be they hedge fund managers or founders of global businesses. Nevertheless, no matter their accomplishments, divorce and emotional pain are something else entirely, and Marilyn is prepared to guide them through the difficulties in life that may be alien to them.
Continue readingFreeing Yourself from Narcissistic Shackles
Ego. This is what you will be dealing with if you are divorcing a narcissist. Indeed, their ego is likely the main reason you choose to leave them in the first place. The word “narcissist” is something we hear often. This type of personality is generally defined as one with an idealized, grandiose image of themselves. They are, in essence, in love with themselves, if not obsessed with this inflated self-image, as it allows them to avoid hidden yet significant feelings of insecurity. It also allows them to avoid accountability. Such delusions of grandeur require a great deal of work, and this is where the dysfunctional (and potentially destructive) attitudes and behaviors come into play.
This is not a subject I bring up idly. I have recently been dealing with an opposing party who is a narcissist and, dare I say, a sociopath. I have dealt with narcissists many times during my career, but this one really got me thinking. My client is a psychologist, and when I observed her soon-to-be ex manipulating, triangulating, and gaslighting to the extreme in mediations, hearings, and in repeated e-mails, she explained to me that that was the standard behavior of a typical narcissistic personality. What I saw was a person who was overtly grandiose and outwardly arrogant, while at the same time expressing a need for both admiration and sympathy, as well as commanding an overall obsession with themselves with no regard for others. It was then I discovered there was a science behind the madness. What I had dealt with before in my career, I understand now more completely.
By divorcing the narcissist, you are delivering a massive blow to their sense of entitlement and self-worth and, again I say, to their ego. That ego needs to be fed, and the narcissist will do so by attempting to exert control over you. The narcissist simply cannot be wrong, as being wrong is of no interest to a person who has an insatiable need for praise and admiration. Divorcing such a person is an egregious insult to them. This can bring out the worst from the worst.
Continue readingA Court Rightfully Protects Spouses of WTC Firefighters
New York Law Journal, April 14, 2023 ●
When I was in grade school, each day began with the same ritual: stand at attention facing our nation’s flag, place your right hand over your heart, and state, in unison with your classmates: “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”
An argument can be made—a convincing argument, in fact—that lawyers should begin their workday as follows: stand at attention, place their right hand over their heart, and state, in unison with their fellow colleagues: “As a lawyer, just because I can make an argument, does not mean that I should make an argument.”
That backdrop leads us to a discussion of Justice Karen B. Rothenberg’s recent and, in my strong view, exceedingly praiseworthy decision in McClean v. The Bd. of Trustees of the Fire Dep’t of the NYC Pension Fund (NYLJ 3/21/2023, Sup. Ct., Kings Cty.).
In McClean, the petitioner, Kathleen McClean, moved for an order annulling the determination of the Board of Trustees of the Fire Department of the City of New York and the New York City Fire Pension Fund which denied her application for a Line-of-Duty Death Benefit pursuant to what is known as the World Trade Center (WTC) Legislation arising from the death of her husband, retired firefighter Dennis B. McClean (“Firefighter McClean”).
Kathleen McClean married Firefighter McClean on July 25, 2000. On 9/11, Firefighter McClean responded to the WTC attack and worked at the site for several months thereafter. In April 2002, Firefighter McClean was injured at the WTC site when a metal beam struck his leg and fractured it in several places. Firefighter McClean thereafter obtained a disability pension in 2002. In 2009, Firefighter McClean was diagnosed with prostate cancer; in 2014, the Pension Medical Board linked his cancer to his WTC exposure (to toxins while working at the site) and his pension was reclassified to that of a WTC accidental disability pension. In September 2021, Firefighter McClean died of prostate cancer.
Read more on our website.
In the News
Below is a roundup of the recent awards, recognitions, media, and other accomplishments of our attorneys from around the country.
January 17, 2023
Stacy D. Phillips has been named one of the Top Ten Super Lawyers of Southern California.
January 11, 2023
Stacy D. Phillips answers questions from her readers and podcast listeners, and shares her “hot takes” and insights on the issues.
January 10, 2023
Alan R. Feigenbaum authored this article published in the New York Law Journal discussing Gary G. v. Elena A.G.
January 4, 2023
Morgan Fraser Mouchette was interviewed by Stacy Francis for the Financially Ever After podcast, which provides tips and advice on how an individual can secure their financial future before, during, and after divorce.
December 21, 2022
Morgan Fraser Mouchette and Kristina Royce authored this Forbes article discussing how one can tackle their divorce like Tom Brady and Gisele Bündchen did in 2022.
December 20, 2022
Ashley M. Silberfeld and David A. Thomas have been named 2022 Leaders of Influence: Thriving in Their 40s by the Los Angeles Business Journal.
December 19, 2022
Authority Magazine interviewed Morgan Fraser Mouchette in November, where she discusses how social media comes into play when couples are going through a divorce.
December 14, 2022
Stacy D. Phillips authored this LinkedIn article discussing ways to keep family traditions going after separation.
December 9, 2022
Alan R. Feigenbaum authored this article published in the New York Law Journal discussing the profuse backlog in the New York judicial system that has built up since the onset of the COVID-19 pandemic.
December 6, 2022
Marilyn B. Chinitz authored this article published in Fatherly, in which she discusses your chances of a satisfying holiday for all parties when separated or divorced
December 2, 2022
Brett S. Ward served as a panelist at the New York State Bar Association International Section’s 2022 London Global Conference.
November 29, 2022
Marilyn B. Chinitz was named one of Hollywood’s Troubleshooters: Top 35 Lawyers for Death, Divorce and Other Disasters by The Hollywood Reporter.
November 21, 2022
Alan R. Feigenbaum and Sean R. Weissbart authored this New York Law Journal article discussing whether children of divorcing parents are recognized as third-party beneficiaries of their parents’ separation agreements, divorce decrees, etc.
November 15, 2022
Authority Magazine interviewed Stacy D. Phillips in November, where she discusses how social media comes into play when couples are going through a divorce.
November 2, 2022
Stacy D. Phillips authored this article giving advice for those who are in a relationship where one party suffers from addiction and/or alcoholism, the last of a three-part series.
November 1, 2022
Sophie Jacobi-Parisi authored this Authority Magazine article discussing New York’s law that extends child support until the age of 26 for kids who are the product of a divorce and have been diagnosed as having developmental special needs.
October 28, 2022
Sean R. Weissbart and Alan R. Feigenbaum and associate Kyle G. Durante presented “Cohabitation Agreements, Property Rights, Property Division, Custody, and Economic Rights of Unmarried Cohabitants Act,” a myLawCLE program in October.
October 28, 2022
Michelle M. Gervais was named to The Florida 500 for the fourth year in a row, honoring her as one of the 44 attorneys recognized in this year’s “Law” category.
October 27, 2022
Sophie Jacobi-Parisi was interviewed by Ilyssa Panitz for The Divorce Hour podcast, which addresses issues that individuals may face when going through a divorce.
October 26, 2022
Stacy D. Phillips authored this article giving advice for those who are in a relationship where one party suffers from addiction and/or alcoholism, the second of a three-part series.
October 24, 2022
Shondaland featured Morgan Fraser Mouchette in this article about having difficult financial discussions in a relationship.
October 19, 2022
Stacy D. Phillips authored this article giving advice for those who are in a relationship where one party suffers from addiction and/or alcoholism, the first of a three-part series.
October 19, 2022
Stacy D. Phillips was featured on JAM.AI, a new mini-podcast platform, where she shares her perspective on relationships, family law, and divorce in her series “Exes and Ohs with Stacy D. Phillips, Esq.”
Attorney Spotlight: Los Angeles
Stacy D. Phillips ●
This edition of Attorney Spotlight highlights one of my Los Angeles colleagues in Blank Rome’s Matrimonial & Family Law Group—Erica Swensson.
Of Counsel
Recently promoted to of counsel at the firm, Erica and I first met in 2007 when we found ourselves on opposing sides of a number of cases.
She impressed me so much that she later became my first hire at Blank Rome. It has been a delightful experience seeing my relationship with Erica transform from a worthy adversary to an amazing coworker and friend. Please enjoy learning more about her.
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Navigating Financial Anxiety in Challenging Economic Times
Recessions can take anyone by surprise. Many different economists have been predicting a recession for months now, though whether it is for a long or a short downturn, and when exactly it may fall upon us, is entirely up for debate. This is the cyclical nature of the economy. Although 2023 may be a challenging in various ways, your main challenge could be controlling your fear.
In my book, Divorce: It’s All About Control. How to Win the Emotional, Psychological and Legal Wars, I underscore just that: control. A spouse who can control their anxiety, even in financially stressful times, can control the outcome of their divorce. This mindset is key to avoiding long-term emotional damage and will help you (ideally sooner rather than later) move on in a positive light.
The Many Effects of an Economic Downturn on Divorce
If any spouse is considering a divorce in a potentially harsh economy, they must look at their specific situation to determine if they should proceed with a divorce or wait until better economic times return. 2020 was the last significant economic downturn we experienced. Many Americans became unemployed or underemployed. However, divorcing in a weak economy could mean fewer assets for couples to divide. It could also mean you could pay less in spousal support, also known as alimony, or child support because your income has diminished. You could also buy out your spouse’s interest in an asset for a small fraction of what that asset would be worth in a healthier economy. The flipside is also true – you could receive lower spousal and child support than you otherwise would, and you could receive far less in an asset buyout than you would in a healthier economy. There is certainly no definitive circumstance. How the economy affects your potential divorce is entirely unique to you. There is no model template to know when the best time is to file for divorce. The wisest thing you can do is to talk with an experienced attorney.
Continue readingBlank Rome Matrimonial Recognitions Roundup
Below is a roundup of the recent awards, recognitions, media, and other accomplishments of Blank Rome’s Matrimonial & Family Law attorneys from around the country.
October 28, 2022 – Sean R. Weissbart, Alan R. Feigenbaum, and Kyle G. Durante will present “Cohabitation Agreements, Property Rights, Property Division, Custody, and Economic Rights of Unmarried Cohabitants Act,” a myLawCLE program being held Friday, October 28, 2022, from 2:00 to 3:40 p.m. EDT, as a live online webinar.
How to Talk about Money with a Partner
October 24, 2022 – Morgan Fraser Mouchette is quoted in this Shondaland article about how to talk finances with your fiancé, spouse, partner, or loved one when money matters can make or break a relationship.
October 19, 2022 – Stacy D. Phillips published this first article of three on the topic of addiction in relationships in her new LinkedIn “Up Close and Personal” series. In this ongoing series, she will share candid experiences, tips, and advice from her personal and professional life.
Continue readingAttorney Spotlight: New York
Stacy D. Phillips ●
This edition highlights a very special Matrimonial & Family Law colleague in our New York Office: Sheila G. Riesel.
Partner
I have known Sheila for many, many years as she was a partner at my grandfather’s and my father’s law firm in New York, Phillips Nizer. She followed my career as I graduated from Columbia Law School, worked as a summer intern in the U.S. District Court in New York, moved to Southern California, and eventually launched my own family law firm. Sheila landed at Blank Rome following a merger in 2000. She called me in 2009 when she learned the firm was opening a Los Angeles office. Because of my respect for her, I seriously considered the prospect of joining Blank Rome, but the timing was not yet right. However, Sheila planted a seed with me that lay dormant for a few years but eventually sprouted when I joined Blank Rome in 2016. For that, and for her abundant calmness, wisdom, and caring, I will always be grateful to her!
Sheila practices in all areas of matrimonial law including pre-and-post nuptial agreements; separation agreements; actions for divorce, custody, and equitable distribution; and complex valuation and custody disputes. “The essence of what I do is to help my clients through one of the hardest experiences of their lives,” says Sheila. “For me, helping people is the most gratifying part of my job.”
She has represented clients in the entertainment industry, including Woody Allen, Al Pacino, Tom Cruise, Howard Stern, Geraldo Rivera, and Alec Baldwin, former New York Governor Eliot Spitzer, and hedge fund and financial institution c-suite executives.
Sheila is a proponent of an early consultation and being informed, which she believes will alleviate fear. “Information is power.” Significant decisions in a marriage with problems, like changing jobs or purchasing or renovating a home, can have a major impact if the couple then divorces. New York is an equitable distribution jurisdiction, which means that, without a pre-nuptial agreement, any asset acquired during a marriage is subject to “equitable division” upon divorce. In New York, “equitable distribution” is determined by more than a dozen criteria, including length of the marriage, children, and who enhanced assets during the marriage. The only asset typically not divided relatively evenly is business interests, which normally benefit the person holding the business interest more than their spouse.
One way to protect an asset when a marriage is on the rocks, says Sheila, is to “have a frank discussion with your spouse about the asset and consider a post-nuptial agreement.”
Significantly, prior to practicing matrimonial and family law, Sheila was a criminal defense lawyer who argued three times before the U.S. Supreme Court.
Outside of work, Sheila enjoys spending time with her husband and two grown daughters (one a New York prosecutor and the other a cranial-facial pediatric surgeon) and has raised three American Brittany Spaniels. She enjoys hiking, travel, and reading non-fiction, having recently read The Code Breaker, by Walter Isaacson, about the first woman Nobel Prize winner in chemistry, Jennifer Doudna.
5 Tips for Staying in Control of Your Online Reputation
Stacy D. Phillips ●
Did you hear the recent buzz caused by the leaked video of Finland Prime Minister Sanna Marin dancing at a party? While her actions have absolutely nothing to do with her ability to lead her country, the court of public opinion weighed in heavily—splitting her constituency between those who called for her resignation and those who supported her progressive persona.
This is not unlike many situations that I have encountered in my divorce and family law career. While an individual may have every right to engage in certain activities—and to share such on their social media and other communication channels—the “court of public opinion,” and the actual court, can be a harsh judge and can cause ripple effects that undermine their end goals.
Continue reading