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Rockville Legal Blog

Dealing with custody or visitation interference

Raising a child is difficult enough on its own, but if you and your spouse decide to file for divorce, the task of raising your child becomes much more difficult. Depending on the custody arrangement, you or your spouse may have sole legal custody or physical custody -- or both. But in many cases, the two splitting spouses will share custody in a joint custody arrangement. In these cases, there is a lot of post-divorce communication and scheduling that needs to be done to ensure that your child is properly taken care of and it make sure that you and your spouse are receiving the appropriate input and time with your child.

Interference with the arrangement and other disagreements are likely to creep up over time after you and your spouse divorce and agree to a custody arrangement. So how should deal with these issues appropriately?

RadioShack bankruptcy complicated by lawsuit against Sprint

You don't see many RadioShack stores anymore, and there's a reason for that. A couple of years ago, the company filed for bankruptcy, and they filed for bankruptcy again (a Chapter 11 filing) in March. As part of that filing, they teamed up with Sprint to ensure the company's future, but it came with a cost. The physical space that RadioShack had amassed over the years had to be shared with Sprint.

This agreement was tied into the reorganization plan RadioShack was working on in their Chapter 11 bankruptcy. A judge has given preliminary approval to the plan, but it has been complicated by a lawsuit from some of RadioShack's unsecured creditors. They have filed suit against Sprint, alleging that the company hasn't provided the support it is contractually obligated to provide to RadioShack. They have requested damages to the tune of $500 million. This lawsuit is also in the reorganization plan for the bankruptcy filing, as RadioShack claims the damages of the lawsuit will be used as a primary source of recovery for the creditors.

Don't go it alone when a divorce looms

Many people have an innate desire to try to get tasks done on their own. Eventually, in many cases, these people realize that having help along the way greatly simplifies the process and it makes it much easier to accomplish. This applies to many things in life -- especially divorce.

Some people go into their divorce proceeding thinking that they can do it on their own. But without a lawyer, they leave so much to chance. There will be processes and issues they have never dealt with before. 

Poland Spring in hot water after class action lawsuit

Did you know that the Food and Drug Administration has guidelines that define how "spring water" is obtained and sold? It's true, and this is a central premise of a bizarre yet interesting lawsuit involving Poland Spring Water, which is the best selling bottled water in the country.

According to a class-action lawsuit filed against Nestle Waters North America -- the parent company of Poland Spring Water -- the company is selling groundwater to customers as opposed to the natural spring water that they advertise. A quote from the claim makes their case clear: "Not one drop of Poland Spring Water emanates from a water source that complies with the Food and Drug Administration definition of 'spring water' ... the famous Poland Spring in Poland Spring, Maine, which defendant's labels claim is a source of Poland Spring Water, ran dry nearly 50 years ago."

The prenup conversation: be prepared and take it seriously

A couple of months ago, we wrote a couple of posts about prenuptial agreements. They dealt with the many things you can and can't include in this contract, as well as the many ways that someone could successfully challenge a prenup and get part, or all, of the prenup struck down. Today, we want to continue talking about prenuptial agreements by confronting the most obvious part about them: the discussion that needs to be had between two spouses.

When you and your loved on are getting married, it is natural to start thinking about making legal contingency plans for your assets, property, and legal rights. Having a conversation with your spouse about a prenuptial agreement can be very beneficial, even if you don't end up drafting or signing a prenuptial agreement.

Chef sues producers over alleged TV program IP theft

The following story happened outside of Maryland, but that doesn't mean it is irrelevant to our state. A chef in Denver, Frank Bonanno, concocted a public access television program called "Chef Driven." He had two producers that help him with the endeavor, and they worked under the film studio name "Left of Frame." However, after shooting two episodes, the two producers moved forward with the show while soliciting other chefs.

Bonanno is now suing the two producers, Aaron Colussi and David Broad, on a number of grounds. The first is that they owe him $23,000 in unpaid production costs for the show. The second is that the producers tried to shoot episodes without Bonanno in them, leading to his charge that they are violating his intellectual property rights.

Timeline: how a divorce proceeds

So you've filed for divorce. What happens now? This is a common question that people who have just filed often ask. Unless they have been through a divorce already in their life, the process will be a complete unknown to them, and they will likely have many questions about how their particular case will be handled.

There is a timeline for any divorce, and though the specifics of any case will vary, the timeline largely stays the same. A petition begins the divorce, one that is written by a spouse that explains why they want to divorce and how they plan to settle financial and custody issues. The petition is given to a court who considers it and then sends it to the other spouse, along with a summons.

Modifying or enforcing a divorce arrangement

It is easily to fall into the trap of thinking that once you complete your divorce, that the arrangement is done and written in stone. Since divorce can be stressful and painful, few people want to go back and revisit the circumstances of the divorce, even if the arrangement itself is an important aspect to your post-divorce life.

We say this because it is important to realize weaknesses everyone may have when it comes to approaching a stressful or unsavory topic. Your post-divorce arrangement falls into this category. It's something no one wants to go back and revisit, but it must be done occasionally.

What types of partnerships can you establish for your business?

A couple of months ago, we wrote a post about the many different types of business you can establish. These types include corporations, partnerships, sole proprietorships, co-ops, and limited liability companies to name a few. But today, we want to dive into the different types of partnerships you can have.

A partnership is established when two or more people co-own a business and share in the profits and losses of that business. The multiple parties in the partnership may contribute ideas, financial backing, property, or any combination of these things. When a partnership is established, deciding which type of partnership is important. There are general partnerships, limited partnerships, and limited liability partnerships (LLPs).

Owner's divorce leads to business complications

Our blog is about two topics: business law and divorce. Today, we have a story that combines these two topics in a highly controversial and combative lawsuit. The story isn't from here in Rockville, Maryland, but it concerns any business owner who fears what could happen if his or her business becomes entangled in their personal divorce.

Today's story is from Minneapolis, where an owner of Twin City Fan Companies -- which employs 1,500 people in a number of locations across five states -- was let go from his company by his three children who voted him out. At the same time, the owner, Charles Barry, was going through a divorce after it was found that he used company funds to fund his mistress.

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