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News THE CONNECTICUT PET TRUST - BARKING UP THE RIGHT TREE Sophisticated estate planning covers many issues, but one question has often gone unanswered. That is the question of what will become of Rover, Felix, Polly, or any other beloved creature, when the owner dies. Some people are fortunate enough to have a friend or relative who will welcome the pet into a new home. But often a friend or relative isn't really prepared to accept the responsibilities of keeping a pet. Then good intentions can lead to an unhappy situation, particularly with the really serious costs involved in maintaining a healthy dog or cat. One option is to .....(click here for the entire article) ***
Mamia music a.b. Rucci, Burnham, Carta & Carello, LLP would like to congratulate Swedish record label Mamia Music A.B. and its recording artist Sheri for performing the title song to the Swedish motion picture "Snabba cash". The film is to be released in January 2010. Attorney William F. Fitzgerald, partner and head of the Firm's Entertainment and Sports practice area, serves as Mamia Music's worldwide counsel. Click here for an article about the artist in The Expressen, a Swedish Daily newspaper. ***
STATE FUND AVAILABLE TO REIMBURSE HOMEOWNERS RIPPED OFF BY HOME IMPROVEMENT CONTRACTORS By S. Ben Brightwell, Esq. and Troy J. Bailey In these difficult times, one of the most agonizing experiences a homeowner may face is deciding to undergo a home improvement project, getting quotes, deciding on a contractor, and paying for the contractor's services - only to find that the work was poorly done or not completed at all. To add insult to injury, after homeowners have gone through the trouble of going to court and getting a judgment against their contractor, the homeowners often find that they cannot collect because the contractor has simply disappeared, or is financially insolvent. To read the entire article, please click here.
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AmeriCares Airlift Benefit 10.17.2009
Joe and Debbie Rucci (left) and Jim and Dorothy Dempsey at AmeriCares Airlift Benefit 2009. Celebrating an inspirational evening of cocktails, dinner and dancing with AmeriCares benefactors, Master of Ceremonies Mika Brzezinski, co-host of MSNBC's "Morning Joe" and Citadel Media's "The Joe Scarborough Show", and entertainers Toots and The Maytals. *** Attorney darcy S. McAlister named new england rising star 2009 Attorney Darcy S. McAlister, partner of the Firm, has been named New England Rising Star in Family Law by New England Super Lawyers 2009. For details about the selection process, please click here. ***
A How-To Guide To Obtaining An Attachment Under C.G.S. § 52-422 This article first appeared in The Connecticut Lawyer, is copywritten by the Connecticut Bar Association and is being reprinted with permission of The Connecticut Lawyer. In these difficult economic times, the primary consideration in evaluating a potential client’s claim may not be whether the client is likely to prevail, but whether there will be anything available to collect after judgment has entered. Fortunately, Connecticut law authorizes pre-judgment attachment remedies somewhat liberally and without significant expense or burden on the moving party. Plaintiffs in arbitration matters have no less of an interest in ensuring that their future arbitration award will be collectible, but the road that must be taken to obtain such an attachment is not quite so smooth. This article addresses the sometimes unforeseen complications that arise when an arbitration clause governs, provides guidance on the filing requirements for pre-arbitration award attachments and identifies some solutions to potential obstacles to these attachments. To read the full article, please click here. ***
The ADR Center (American Dispute Resolution Center) has added Attorney Mark R. Carta to their select list of mediators and arbitrators The ADR Center's arbitration and mediation panels are comprised of experienced neutrals skilled in arbitration and mediation. Every arbitrator has a minimum of ten years experience in his or her field, with most having significantly more experience. The ADR Center's commercial arbitrators consist of attorneys and other professionals skilled in business, contract, employment, probate issues, among others. The ADR Center won the Gold ranking in the ADR Mediation category. Since the inception of the poll, Law Tribune readers have ranked the ADR Center as a top ADR Mediation provider in Connecticut each year. Mediation, through the efforts of skillful mediators, remains one of the most effective means of resolving disputes in a non-confrontational way, whether in the early, middle or latter stages of a dispute. Attorney Carta has extensive experience in arbitration and mediation proceedings and is a Certified Mediator. He was also chosen by the Connecticut Bar Association to serve as a neutral on disputes between lawyers and is co-chair of the Regional Bar Association's Alternate Dispute Resolution Committee. *** Arbitration Attachments: a how-to guide to obtaining an attachment Kathryn A. Sherman, Esq. authored an article entitled Arbitration Attachments: A How-To Guide to Obtaining an Attachment Under Conn. Gen. Stat. § 52-422 that was published in the July issue of Connecticut Lawyer. Attorney Sherman's article explains the obstacles that arise when a Plaintiff seeks an attachment on a Defendant's assets prior to the rendering of an arbitration award and how to successfully obtain an attachment. The article notes that while such attachments are relatively routine in actions before Connecticut Superior Courts, obtaining an attachment when an arbitration clause or agreement requires some additional effort. Connecticut courts have determined that to obtain an arbitration attachment, which is sought through a Motion for Order Pendente Lite pursuant to Conn. Gen. Stat. § 52-422, the requested judicial intervention must be "necessary" and present an "extraordinary situation." As explained further in the article, these criteria may be difficult to satisfy where the arbritration agreement specifies a tribunal for the arbitration proceeding that has adopted rules permitting interim relief. *** REVERSAL OBTAINED ON APPEAL TO CT SUPREME COURT IN Bayer v. Showmotion Attorney Mark R. Carta prevailed in an appeal of a summary process action to the Connecticut Supreme Court on behalf of Showmotion, Inc. in Bayer v. Showmotion, Inc. The opinion, authored by Chief Justice Rogers, was officially released on July 7, 2009, and sets forth the basis for the Court's unanimous decision ordering reversal of the trial court's judgment. Showmotion, the defendant tenant, appealed the trial court's decision granting immediate possession of the leased property to the plaintiff landlord. Showmotion further appealed the trial court's denial of its motion to dismiss the summary process action on various grounds, including that Showmotion properly had exercised its right of first refusal to purchase leased property, thereby giving Showmotion equitable title to the property and entitling it to possession. In a matter of first impression, the Supreme Court applied to option contracts the general contractual rule that a binding contract may exist even where nonessential terms were left to further negotiations. The Supreme Court applied this rule to conclude that the trial court's finding that Showmotion had not properly exercised its option to purchase the property was clearly erroneous. The Supreme Court further agreed with Showmotion's argument that the trial court's finding that Showmotion had breached the lease by failing to pay timely rent was clearly erroneous, holding that no rent was due as the lease had been terminated upon Showmotion's exercise of the option, which rendered Showmotion an equitable owner. To read the Court's full decision, please click here. *** Glen j. moore named one of the top 40 under 40 fairfield county business leaders 2009 Attorney Glen J. Moore was named one of the Top 40 Under 40 Fairfield County Business Leaders by the Fairfield County Business Journal. Glen Moore: "Leadership to me is applying the highest ethical and moral standards to my business and personal life in order to positively impact and influence the lives of my family, friends, clients, colleagues and players. I became a partner at my firm in January. I am very active in the Darien community and currently serve on the Board of Directors for The Darien Nature Center, The Community Fund of Darien and The Darien Historical Society. I have also been a volunteer coach in the Darien Youth Lacrosse Association since 1995. My professional affiliations include the Fairfield County Bar Association, Connecticut Bar Association, American Bar Association, Greenwich Bar Association and the Greenwich Board of Realtors as an affiliate member." *** William f. fitzgerald appointed to board of ethics Attorney William F. Fitzgerald was appointed to the Norwalk Board of Ethics on Tuesday, March 10, 2009. Click Here for full article as reported in The Norwalk Hour. ***
KOSINSKI V. CARR APPELLATE DECISION The former Chief Justice of the Connecticut Supreme Court, writing for the Appellate Court, recently affirmed a trial court’s decision won by Mark R. Carta and Darcy S. McAlister of our Litigation Department. The trial court upheld the enforceability of a covenant that prohibited the subdivision of residential property. The Court also ruled that a seller’s failure to disclose the restrictive covenant was a breach of the parties’ Sales Contract and of the seller’s Warranty Deed. Rucci, Burnham, Carta & Carello’s clients were awarded damages that reflected the diminution in the value of their property as well as their attorneys’ fees and costs. Among the issues addressed in the Appellate Court’s opinion were: the necessity for a defendant to specially plead the defense of unclean hands; whether a trial court is under an affirmative duty to amend a defendant’s pleadings sua sponte; and the extent to which an attorney’s knowledge is imputed by operation of law to his client. The decision is reported at Kosinski v. Carr Appellate Decision *** "Navigating an Employee’s Exit in an Unsteady Economy" Attorneys Mark R. Carta and Stephen P. Horner were lead presenters in a seminar on severance negotiations on June 17, 2008. The seminar, sponsored by the Fairfield County Bar Association, was titled “Navigating an Employee’s Exit in an Unsteady Economy,” and focused on strategies for severance negotiations and seamless terminations from the viewpoint of both management and employees. Thomas J. McKiernan, President of Abercrombie Burns McKiernan & Co. Ins., Inc., of Darien, also was a presenter at the seminar. Topics discussed included: severance negotiations from management and employee perspectives; approaches with in-house counsel that work; crafting severance provisions to best serve management’s goals; employee strategies for negotiating the best severance package; conducting an effective pre-termination investigation; employment practices liability insurance; mass layoffs and compliance with the “WARN” Act and the Older Workers’ Benefit Protection Act; and strategies for conducting exit interviews. The seminar was held at the office of the Fairfield County Bar Association, at 970 Summer Street in Stamford. fcba@conversent.net. *** CBA Annual Meeting June 9th, 2008 Jeffery W. Davis, an associate with the firm, will be part of a panel presenting a seminar at the annual meeting of the Connecticut Bar Association, being held June 9th in Hartford, Connecticut. The topic of the seminar is "What Every Attorney Should Know about Connecticut Taxation." The discussion will include summaries of corporate tax, income tax, estate and gift tax, and fiduciary income tax, to help Connecticut attorneys recognize potential tax issues that could affect their clients. Mr. Davis will be focusing his remarks on fiduciary income tax, the taxation of the income earned by trusts and decedents' estates. *** CONNECTICUT FILM FESTIVAL Friday, May 23rd, 2008 The film business is layered with contracts and negotiations, all of which are handled by lawyers with special knowledge in everything from intellectual property rights to initial contracts with talent and distribution deals. In this simple seminar, Attorneys William F. Fitzgerald and Kathryn E. Diehm will deal with questions about story rights, how to put together a financial package for investors, negotiating with talent, the details of Connecticut's tax incentive programs, and hiring lawyers as film reps. Tickets for this seminar and other events can be purchased at the Connecticut Film Festival by going online to www.ctfilmfest.org. *** Attorney Stephen P. Horner named "Super Lawyer" Attorney Stephen P. Horner, of counsel to the firm, has been named New England Super Lawyer in Labor and Employment Law for the third year in a row. For details about the selection process please click here. *** Entertainment Attorney, William F. Fitzgerald, joins “Hollywood East” Connecticut State Panel Attorney William F. Fitzgerald, partner and head of the Entertainment and Sports Department of the firm has been named to serve on Connecticut’s newly formed “Hollywood East Task Force”. The formation of this panel was announced by House Speaker, James Amann, D-Milford. Its purpose is to establish a film production work force that will maintain the state’s booming film industry which has grown rapidly since the General Assembly passed a 30% tax credit program last year. The panel is composed of lawmakers, educators, tradesmen and film industry representatives. *** Announcements January, 2009 – Rucci, Burnham, Carta & Carello, LLP announces that Attorney Glen J. Moore has joined the firm as a partner. Mr. Moore, a lifelong Darien resident, has provided legal services and advice to clients locally and in the surrounding communities for more than eleven years. He is a general practice attorney with experience in residential real estate transactions, financing, estate planning and estate administration.
Mr. Moore was educated in the Darien public school system and earned his undergraduate degree from Georgetown University. At Georgetown he played varsity lacrosse and captained the team his senior year. Lacrosse continues to be a passion and since 1995 he has been a volunteer coach in the Darien Youth Lacrosse Association. Mr. Moore received his juris doctor degree from Pace University School of Law.
An active member of the community, Mr. Moore currently serves on the Board of the Darien Historical Society and was recently elected to the Board of the Darien Nature Center. He, his wife Meghan, and their three children live in Darien.
“We are very pleased to have Glen on board. He is an experienced attorney with roots in the Darien Community” commented Rucci Burnham managing partner, Joe Rucci. ***
Joseph J. Rucci, Jr., Managing Partner and Founder of the firm, was being "roasted" by the New Canaan Gridiron Club during a fun-filled evening on April 13th at the Country Club of New Cannan. The New Canaan Gridiron Club is a social organization created to promote camaraderie among its members who come from a wide variety of backgrounds and professions within the community. Attorney Rucci, a New Canaan native, was portrayed by members of the Club who in a variety of fun skits recreated his life on stage, starting with his high school years, through college and the first signs of the budding entrepreneur, dating and meeting his soul mate Debbie, law school, life as an FBI agent, family man, and attorney-at-law.
Articles Is this Age Discrimination? I was fired from an upper level position with an insurance company, after 17 years of service. As
my 200 employee department - which I headed - was eliminated, the insurance company found internal transfers for everyone else but me. Although I accepted two separate internal transfer offers, each offer was rescinded shortly after I accepted. Since I am 59, and one of the oldest in the department, is this age discrimination? If so, what am I entitled to? Steve K., Ridgefield, CT On the surface, this termination certainly has the appearance of age discrimination. Of course, there could be additional factors.....Read More.... *** Negotiating
your Severance Agreement
You are summoned to the HR office and told in a perfunctory manner your services are no longer required. At some point in this "meeting" you are handed a Severance and General Release Agreement ("Agreement"). You are not familiar with such a document and find your Agreement confusing and legalistic. What do you do now? Read More.... *** It
may be time to review your Estate Plan Significant changes in the interplay between the federal and state estate tax systems, effective January 1, 2004 should cause you to consider, again, your estate plan. With respect to the estates of those passing away between January 1, 2002 and the first day of this year no federal or state tax was imposed upon property passing to the surviving spouse or a charity, nor upon the first $1,000,000 in value of property passing to other beneficiaries. With respect to the estates of those passing away on and after January 1 the exempt amount is increased to .... Read More.... *** What
a home buyer should know about title insurance. 2003
was another year of tremendous turnover in the Darien real estate
market. Prices continued to rise and more and more people were
taking advantage of low interest rates which allowed them to
purchase higher priced homes or to jump in to buy their first
one. *** Things
To Know When Selling Your Home You listed your home - now what? You made the decision to sell you home and have taken the first step by listing it with a local realtor who will help you with the sale of probably your biggest investment. The next step.... Read More.... *** Things
To Know When Buying A Home Pre-qualification for a mortgage. A mortgge lender can pre-qualify or pre-approve a potential buyer for a mortgage up to a specific amount based on the buyer's financial information. A potential buyer who can show the seller and/or the realtor that he/she has been pre-qualified for financing might be preferred. It should be noted .... Read More....
Purchasing
a Residence in New York City Fairfield County residents frequently purchase residences in New York City either for themselves to serve as a new home or as a pied-a-terre, or for their children who may be just starting their careers and need parental assistance. In either case, all purchasers should be aware of how New York City costs and procedures differ from those in Connecticut. The most common form of residence in Manhattan is the cooperative apartment which makes up over.... Read More.....
Civil
Defendants Finally Awarded a Defensive Weapon
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