Family Law Section Summer 2022 Meeting in Newport Rhode Island

CLE PROGRAM AGENDA

Day 1 – Friday, July 8 | 8:30 a.m. – 11:30 a.m.

Drafting Ironclad Agreements for Complex Issues and Preparing if the Matter Proceeds to Trial

3.0 MCLE Credits Areas of Professional Practice 

8:30 a.m. – 8:35 a.m.

Welcoming Remarks: Overview of Events

Joan Casilio Adams, Esq., Chair, Family Law Section

J. Adams & Associates PLLC

Williamsville, New York 

8:35 a.m. – 8:40 a.m.

NYSBA Welcome

Richard C. Lewis, Esq., President-Elect, New York State Bar Association

Special Counsel, Hinman, Howard, & Kattell, Binghamton, New York

8:40 a.m. – 8:45 a.m.

Program Introduction

Peter R. Stambleck, Esq., Vice Chair, Family Law Section

Mosberg Sharma Stambleck Gross, LLP

New York, New York 

8:45 a.m. – 9:35 a.m.

Executive Compensation

The following will be covered:

• Identifying types e.g., stock options, stock awards, RSUs, ISOs, claw back provisions
• Characterization e.g., marital vs. separate. Is the DeJesus coverture still valid? Past versus future compensation
• Valuation and tax issues
• Duplicative award, i.e., an award of stock options and maintenance
• Various agreement provisions

Moderator:

Hon. Jeffrey S. Sunshine

Statewide Coordinating Judge for Matrimonial Cases

Brooklyn, New York

Speaker:

Robert Z. Dobrish, Esq. 

Dobrish Michaels Gross LLP

New York, New York 

1.0 MCLE Credit in Areas of Professional Practice 

9:35 a.m. – 9:50 a.m.

Refreshment Break

9:50 a.m. – 10:40 a.m.

Real Estate and Property Interests

The real estate portion of the program will discuss selected cases focusing on discrete topics including the effect of a Separation Agreement or Decree of Separation on tenancy by the entirety, factors considered in awarding exclusive occupancy and the effect of such an award on a partition action, how separate property interests affect the distribution of real property, credits and offsets, and creditors rights.

A compilation of selected agreement clauses pertaining to real estate will be provided in the materials. Practice pointers, such as how to properly address the NYS transfer tax and other transfer-related fees will be discussed.

Moderator:

Hon. Jeffrey S. Sunshine

Statewide Coordinating Judge for Matrimonial Cases

Brooklyn, New York 

Speaker:

Lydia A. Milone, Esq. 

Bodner Milone LLP

White Plains, New York 

1.0 MCLE Credit in Areas of Professional Practice 

10:40 a.m. – 11:30 a.m.

Pension and Retirement Assets 

• Case studies illustrating what not to do and the consequences that impact the client and the attorney
• Emphasis on knowing the Plan that is to be distributed
• Avoiding pitfalls
• Review of case law relating to various aspects of pension and deferred compensation
• Selected Agreement provisions to facilitate a proper distribution of pension and retirement benefits

Moderator:

Hon. Jeffrey S. Sunshine

Statewide Coordinating Judge for Matrimonial Cases

Brooklyn, New York 

Speaker:

Charles P. Inclima, Esq.

Inclima Law Firm, PLLC

Rochester, New York 

1.0 MCLE Credit in Areas of Professional Practice 

Day 2 – Saturday, July 9, 2022 | 9:00 a.m. – 12:00 p.m.

Recent Case Update: Cutting Edge Financials and a Bench and Bar Perspective on Handling Nuanced Custody Matters

3.0 MCLE Credits Area of Professional Practice

9:00 a.m. – 9:05 a.m.

Welcoming Remarks

Joan Casilio Adams, Esq., Chair, Family Law Section

J. Adams & Associates PLLC

Williamsville, New York 

9:05 a.m. – 9:10 a.m.

Program Introduction

Peter R. Stambleck, Esq., Vice Chair, Family Law Section

Mosberg Sharma Stambleck Gross, LLP

New York, New York

9:10 a.m. – 10:00 a.m.

Matrimonial and Family Law Update

This segment will cover selected important developments in matrimonial and family law since May 2021. The comprehensive written materials, over 150 pages with a detailed table of contents, address the significant recent trends in Adoption, Agreements, Attorney & Client, Child Support, Counsel & Expert Fees, Custody & Visitation, Disclosure, Divorce & Annulment, Enforcement, Equitable Distribution, Evidence, Family Offense, Maintenance, Paternity, Pendente Lite, Procedure, and Legislative & Court Rule Items.

Speaker:

Hon. Bruce J. Wagner, Support Magistrate

Schenectady and Montgomery County Family Courts

Schenectady, New York

1.0 MCLE Credit in Areas of Professional Practice 

10:00 a.m. – 10:15 a.m.

Refreshment Break

10:15 a.m. – 11:05 a.m.

Cryptocurrency and Digital Assets: Blockchain in Action | Identifying, Valuing, and Distributing the New Age Income and Assets

The semi anonymous nature of cryptocurrency makes it a useful tool for individuals attempting to hide assets. Unscrupulous spouses can purchase cryptocurrency for cash, hold or transfer it without the need for a financial institution, and do it all without a paper trail. Attorneys attending this session will learn about cryptocurrency, how it works, and the investigative techniques that can benefit their clients. This program will address cutting edge issues including the challenges and methods of tracking and valuing cryptocurrency, a digital asset traded on a decentralized network; the latest IRS move to capture bitcoin information and owners, and the instance of major investment houses publicly moving into the bitcoin industry - Wells Fargo started offering crypto investments to clients in August, 2022 and the firm has also filed for a bitcoin fund with the U.S. Securities and Exchange Commission (SEC).

Moderator:

Lisa R. Schoenfeld, Esq.

Schlissel Ostrow Karabatos PLLC

Garden City, New York 

Speakers:

Louis J. Cercone, Jr., CPA/ABV/CFF, ASA

Brisbane Consulting Group LLC

Buffalo, New York

Glenn S. Liebman, CPA/ABV

KLG Business Valuators & Forensic Accountants, LLC

Melville, New York

Michael J. Raymond, CPA, ABV, CFF

BST & Co CPA’s, LLP

Albany, New York

1.0 MCLE Credit in Areas of Professional Practice 

11:05 a.m. – 11:55 a.m.

A Bench and Bar Perspective on Nuanced Custody Scenarios

This 50-minute CLE will include a presentation of five hypothetical unique custody scenarios. Each scenario will present a distinct issue that will be analyzed from both a lawyer’s and judge’s perspective. The panel will include two lawyers, Alyssa Eisner, Esq., and Elena Karabatos, Esq., and Justice Jeffrey S. Sunshine, Statewide Coordinating Judge for Matrimonial Cases.

Moderator:

Hon. Jeffrey S. Sunshine

Statewide Coordinating Judge for Matrimonial Cases

Brooklyn, New York

Speakers:

Alyssa Eisner, Esq.

Sager Gellerman Eisner, LLP

Queens, New York

Elena Karabatos, Esq.

Schlissel Ostrow Karabatos, PLLC

Garden City, New York

1.0 MCLE Credit in Areas of Professional Practice

11:55 a.m. – 12:00 p.m.

Closing Remarks