The Health Effects of Divorce can be both Detrimental and Beneficial

Recently an article by Rebecca L. Palmer and Crystal Espinosa Buit of Lowndes, Drosdick, Doster, Kantor & Reed, P.A. regarding The Health Effects of Divorce was published in The National Law Review:

Divorces affect every aspect of an individual’s life – their financial situation, their children, their home, their friendships, everything. Divorces are notoriously stressful events and, while a stressful marriage can absolutely consume a person to their detriment, many people would also agree that their lives are negatively impacted in some way by the process. What most people may not recognize, however, is how significant a role divorce plays in their overall mental and physical health. While short term effects are generally associated with divorce, recent studies have focused on the long-term impacts to health. The findings are troubling. In a 2009 study conducted by sociologists Linda Waite and Mary Elizabeth Hughes of the University of Chicago, research showed that divorced or widowed individuals are 20 percent more likely than married people to have chronic health conditions, such as heart disease, diabetes, or cancer. In addition, they also showed 23 percent more mobility limitations, such as trouble climbing stairs or walking. The study, which examined the marital history and health indicators for 8,652 people between the ages of 51 and 61, focused on four categories: chronic health conditions, mobility, depressive symptoms and self-assessment. The results of the study support the contention that those who experience a divorce or the death of a spouse have long-term negative consequences related to their health.

University of Texas at Austin researcher Mark Hayward tells WebMD “that long-term stress before, during, and after a divorce may accelerate the biologic processes that lead to cardiovascular disease and possibly other chronic diseases.” In his study on the impact of divorce on heart disease, he showed that divorced, middle-aged women were more likely to develop heart disease than other non-divorced, married women. Although Hayward’s study focused on women, the health consequences of divorce are not specific to gender. In a 2010 article on marriage and men’s health, the Harvard Medical School cited a MFRIT study of 10,904 American married men which revealed that men who divorced were 37 percent more likely to die during the nine-year study than men who remained married. This may be due to the biological effects stress is having on men and women alike. The Harvard Medical School notes that stress triggers inflammation, which is a newly recognized cardiac risk factor. Thus, it may come as no surprise that divorced men have higher levels of inflammatory markers than married men.

Divorce also alters lifestyle habits and behaviors that may adversely affect health. Researchers from Ohio State University found that, two years after a divorce, separated partners tended to be heavier as compared to couples who remained married, although men showed larger weight gains than women. Harvard Medical School similarly points out that divorced men don’t eat as well as married men. Furthermore, divorced men are less likely to exercise and are more likely to smoke, drink excessively, and engage in other risky behaviors. It is clear that divorce may cause some people to engage in destructive conduct that inevitably affects their physical and mental well being.

There is no doubt that electing to end your marriage is a decision that should be weighed heavily. The unsettling studies on the health effects of divorce can only lead one to question why divorce has such a powerful impact on a person’s health. When discussing her research on the subject, sociologist Linda Waite noted that “previous research suggests that marriage has protective health benefits by providing financial, social, and emotional stability.” Specifically, women often have more financial security, thus allowing them access to health care and reduced stress, while married men have better health habits in comparison to single males. It also goes without saying that the stress of determining the division of marital assets and child custody directly contributes to this impact.

On the other hand, while a healthy marriage has been shown to provide protective health benefits, several studies also “show that the marriage advantage doesn’t extend to those in troubled relationships, which can leave a person far less healthy than if he or she had never married at all.” One study, for instance, showed that a stressful marriage can be as bad for the heart as a regular smoking habit. Further, just as divorce has been found to negatively impact women’s health specifically, researchers have also found that “bad relationships [are] bad for health” as women in troubled relationships (who likely face anger, stress and hostility) are more likely than other women to be depressed, have metabolic syndrome, low levels of HDL (good) cholesterol, abdominal obesity, and elevated blood sugar – “all basically steps on the road to heart attack or diabetes.”

Accordingly, it is important to remember that, while divorce has been shown to have negative impacts on health, this is not true for everyone as an unhealthy relationship can also lead to certain health problems, including physical ailments and mental depression. As researcher Mark Hayward noted, “For people in highly stressful marriages, divorce may be beneficial for their health.”

Ultimately, those seeking to prevent their current circumstances, whether a troubled marriage or divorce, from impacting their physical and mental health should seek measures to reduce stress and remember that a divorce should serve as a gateway to a healthier and happier life. When going through a divorce it is vital to remember the basics – eat well, exercise and, quite simply, remember to do the things that make you happy. Further, surrounding oneself with a supportive environment and attending counseling, if needed, will lessen health risks by helping one to cope with the stress.

© Lowndes, Drosdick, Doster, Kantor & Reed, PA

ICC Institute Masterclass for Arbitrators

The National Law Review is pleased to bring you information about the upcoming ICC Conference  Masterclass Arbitrators:

Join us for an intensive 2 1/2 day training for professionals interested in working as international arbitrators!

June 4-6, 2012 at ICC Headquarters in Paris.

Michigan Court of Appeals Issues Opinion Affecting Mortgages Foreclosed by Advertisement

The National Law Review published an article by Randall J. Groendyk of Varnum LLP regarding Mortgage Foreclosures:

Varnum LLP

The Michigan Court of Appeals has issued important opinion affecting foreclosure of mortgages by advertisement.

Michigan law prohibits starting a foreclosure by advertisement if a lawsuit has already been filed to recover payment of “the debt” secured by the mortgage.  Many have understood this law to mean that while a mortgagee may not file a lawsuit to recover a debt secured by a mortgage and at the same time foreclose the mortgage by advertisement, the mortgagee could simultaneously file a lawsuit against a guarantor based on a guaranty of the debt while at the same time foreclosing the mortgage by advertisement.  However, the recent Court of Appeals decision held that a bank could not foreclose by advertisement on a mortgage when at the same time it had filed suit against a guarantor.

The Court based its decision on the fact that the underlying loan documents contained language which defined “the debt” to include any guarantees, and held the bank violated Michigan law by foreclosing the mortgage by advertisement at the same time it was suing the guarantors.  The Court looked at the entire loan package, and not just the mortgage to reach its decision.  As a result, the Court held that the bank could not proceed with the foreclosure by advertisement.  Under the Court’s ruling, mortgagees may not foreclose a mortgage by advertisement while at the same time filing suit against guarantors.

© 2012 Varnum LLP

2012 National Law Review Law Student Writing Competition

The National Law Review is pleased to announce their 2012 Law Student Writing Competition

The National Law Review (NLR) consolidates practice-oriented legal analysis from a variety of sources for easy access by lawyers, paralegals, law students, business executives, insurance professionals, accountants, compliance officers, human resource managers, and other professionals who wish to better understand specific legal issues relevant to their work.

The NLR Law Student Writing Competition offers law students the opportunity to submit articles for publication consideration on the NLR Web site.  No entry fee is required. Applicants can submit an unlimited number of entries each month.

  • Winning submissions will be published according to specified dates.
  • Entries will be judged and the top two to four articles chosen will be featured on the NLR homepage for a month.  Up to 5 runner-up entries will also be posted in the NLR searchable database each month.
  • Each winning article will be displayed accompanied by the student’s photo, biography, contact information, law school logo, and any copyright disclosure.
  • All winning articles will remain in the NLR database for two years (subject to earlier removal upon request of the law school).

In addition, the NLR sends links to targeted articles to specific professional groups via e-mail. The NLR also posts links to selected articles on the “Legal Issues” or “Research” sections of various professional organizations’ Web sites. (NLR, at its sole discretion, maydistribute any winning entry in such a manner, but does not make any such guarantees nor does NLR represent that this is part of the prize package.)

Congratulations to our 2012 and 2011 Law Student Writing Contest Winners

Winter 2012:

Fall 2011:

Why Students Should Submit Articles:

  • Students have the opportunity to publicly display their legal knowledge and skills.
  • The student’s photo, biography, and contact information will be posted with each article, allowing for professional recognition and exposure.
  • Winning articles are published alongside those written by respected attorneys from Am Law 200 and other prominent firms as well as from other respected professional associations.
  • Now more than ever, business development skills are expected from law firm associates earlier in their careers. NLR wants to give law students valuable experience generating consumer-friendly legal content of the sort which is included for publication in law firm client newsletters, law firm blogs, bar association journals and trade association publications.
  • Student postings will remain in the NLR online database for up to two years, easily accessed by potential employers.
  • For an example of  a contest winning student written article from Northwestern University, please click here or please review the winning submissions from Spring 2011.

Content Guidelines and Deadlines

Content Guidelines must be followed by all entrants to qualify. It is recommended that articles address the following monthly topic areas:

  • March Topic Feature:  Environmental and Energy, Insurance and Intellectual Property Law
  • March Submission Deadline:  Tuesday, February 21, 2012
  • May Topic Feature:     Tax, Bankruptcy and Restructuring and Healthcare Law
  • May Submission Deadline:  Monday, April 16, 2012

Articles covering current issues related to other areas of the law may also be submitted. Entries must be submitted via email to lawschools@natlawreview.com by 5:00 pm Central Standard Time on the dates indicated above.

Articles will be judged by NLR staff members on the basis of readability, clarity, organization, and timeliness. Tone should be authoritative, but not overly formal. Ideally, articles should be straightforward and practical, containinguseful information of interest to legal and business professionals. Judges reserve the right not to award any prizes if it is determined that no entries merit selection for publication by NLR. All judges’ decisions are final. All submissions are subject to the NLR’s Terms of Use.

Students are not required to transfer copyright ownership of their winning articles to the NLR. However, all articles submitted must be clearly identified with any applicable copyright or other proprietary notices. The NLR will accept articles previously published by another publication, provided the author has the authority to grant the right to publish it on the NLR site. Do not submit any material that infringes upon the intellectual property or privacy rights of any third party, including a third party’s unlicensed copyrighted work.

Manuscript Requirements

  • Format – HTML (preferred) or Microsoft® Word
  • Length  Articles should be no more than 5,500 words, including endnotes.
  • Endnotes and citations – Any citations should be in endnote form and listed at the end of the article. Unreported cases should include docket number and court. Authors are responsible for the accuracy and proper format of related cites. In general, follow the Bluebook. Limit the number of endnotes to only those most essential. Authors are responsible for accuracy of all quoted material.
  • Author Biography/Law School Information – Please submit the following:
    1. Full name of author (First Middle Last)
    2. Contact information for author, including e-mail address and phone number
    3. Author photo (recommended but optional) in JPEG format with a maximum file size of 1 MB and in RGB color format. Image size must be at least 150 x 200 pixels.
    4. A brief professional biography of the author, running approximately 100 words or 1,200 characters including spaces.
    5. The law school’s logo in JPEG format with a maximum file size of 1 MB and in RGB color format. Image size must be at least 300 pixels high or 300 pixels wide.
    6. The law school mailing address, main phone number, contact e-mail address, school Web site address, and a brief description of the law school, running no more than 125 words or 2,100 characters including spaces.

To enter, an applicant and any co-authors must be enrolled in an accredited law school within the fifty United States. Employees of The National Law Review are not eligible. Entries must include ALL information listed above to be considered and must be submitted to the National Law Review at lawschools@natlawreview.com. 

Any entry which does not meet the requirements and deadlines outlined herein will be disqualified from the competition. Winners will be notified via e-mail and/or telephone call at least one day prior to publication. Winners will be publicly announced on the NLR home page and via other media.  All prizes are contingent on recipient signing an Affidavit of Eligibility, Publicity Release and Liability Waiver. The National Law Review 2011 Law Student Writing Competition is sponsored by The National Law Forum, LLC, d/b/a The National Law Review, 4700 Gilbert, Suite 47 (#230), Western Springs, IL 60558, 708-357-3317. This contest is void where prohibited by law. All entries must be submitted in accordance with The National Law Review Contributor Guidelines per the terms of the contest rules. A list of winners may be obtained by writing to the address listed above. There is no fee to enter this contest.

Attendance May be an Essential Function of the Job

This case tests the limits of an employer’s attendance policy. Just how essential is showing up for work on a predictable basis? In the case of a neo-natal intensive care nurse, we conclude that attendance really isessential.

So begins the United States Court of Appeals for the Ninth Circuit in Samper v. Providence St. Vincent Medical Center.

The Samper plaintiff, a neonatal nurse in the defendant-hospital’s Neonatal Intensive Care Unit (NICU), suffered from fibromyalgia which, she claimed, limited her sleep and caused her chronic pain.  The nurse asked the hospital to accommodate this disability by allowing her to miss work whenever she was having a “bad day.”  After years of unacceptable absenteeism what the Court described as the hospital’s “Herculean efforts” to accommodate the plaintiff, she was terminated.  She sued the hospital, claiming that it failed to provide her with a reasonable accommodation for her disability.

The hospital did not dispute that the plaintiff was disabled, that she had the requisite technical skills for the job, or that she suffered an adverse employment action.  The hospital argued, however, that although the plaintiff possessed the technical qualifications of the job, she was unable to perform the essential function of showing up for work.

The burden was on the hospital to establish which functions were “essential” to the job.  Arguing that the hospital did not meet its burden to show that attendance was an essential function of the job, the plaintiff cited numerous cases for the proposition that regular attendance was not required.  For example, she cited to cases where “workers were basically fungible with one another, so that it did not matter who was doing the job on any particular day,” (dockworkers) as well as cases where the work could be performed remotely (medical transcriptionists).

The Court easily distinguished those cases, however, from cases like this one, where irregular attendance compromises essential functions.  Indeed, the Court stated:

To imagine a NICU facility, responsible for the emergency care of infants, operating effectively in such a manner, stretches the notion of accommodation beyond any reasonable limit. An accommodation that would allow [the plaintiff] to “simply . . . miss work whenever she felt she needed to and apparently for so long as she felt she needed to [a]s a matter of law . . . [is] not reasonable” on its face. Internal citations omitted.

Although the Court found in favor of the defendant-hospital, and held that regular attendance was an essential function of Ms. Samper’s job, it left open the possibility that regular attendance may not be an essential function for other jobs or jobs in other industries.  Nevertheless, the Court was crystal clear that an accommodation is not reasonable if it seeks an exemption from an essential function.

The case is noteworthy for several reasons.  First, while underscoring that the burden remains on the defendant to prove which functions of the job are “essential” functions, the case shows that in certain types of jobs an employer can make a compelling case that attendance is an essential function. Second, the case is a good illustration of how an employer’s initial efforts in “going the extra mile” to accommodate an employee’s disability can redound to the employer’s advantage when it ultimately decides that the disability can no longer be accommodated.

©1994-2012 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

NY City Bar White Collar Crime Institute

The National Law Review is pleased to bring you information about the inaugural White Collar Crime Institute, on Monday, May 14, 2012 from 9 a.m. to 5 p.m. in New York City, NY.

This excellent review of developments in criminal and regulatory enforcement has been organized by our White Collar Criminal Law Committee, chaired John F. Savarese of Wachtell Lipton Rosen & Katz. Our program will feature keynote addresses by Preet Bharara, United States Attorney for the Southern District of New York, and Eric Schneiderman, Attorney General of the State of New York. The panels on key legal and strategic issues will include senior government officials, federal judges, academics, general counsel of leading New York based corporations and financial institutions, and top practitioners in the field. We have crafted the program to maximize their value for white collar practitioners and corporate counsel.

Plenary sessions will focus on:
  • Providing perspectives of top general counsel concerning the challenges they confront in this new era of expanded corporate prosecutions
  • Discussions of the increasing importance of media coverage in these cases and its impact on prosecutorial decision-making.

Break-out sessions will address:

  • Techniques for winning trials
  • Ethical issues presented by white-collar corporate investigations
  • Trends in white-collar sentencing, and
  • The special challenges of handling cross-border investigations.

Fighting for the DREAM

Recently The National Law Review published an article by Mahsa Aliaskari of Greenberg Traurig, LLP regarding the DREAM Act:

GT Law

States get involved, students organize, Federal gridlock continues

After being reintroduced into the Senate last year by Senator Harry Reid, The DREAM Act, which would provide conditional legal permanent resident status and a path to citizenship to certain qualifying undocumented individuals who came to the U.S. as children and who wish to attend college or join the military, has yet to become law — although politicians continue to weigh in on it while advocates continue to fight for it.

In its latest form as introduced in 2010, the DREAM Act would provide a six-year grant of conditional legal permanent residence to individuals between the ages of twelve and thirty-five at the time of enactment, who are of good moral character, graduated from U.S. high schools, came to the U.S. as minors, have continuously resided in the U.S. for the five years prior to enactment, and who then go on to complete a minimum of either two years of military training or two years of education at a U.S. institute of higher learning. Moreover, the Act would provide the added benefits of enabling qualifying college students who are currently undocumented to take advantage of certain opportunities for which they are now ineligible, such as internships, study abroad programs and greater access to financial assistance.

Upon removal of the conditions on their legal permanent resident status, DREAM Act beneficiaries would be full legal permanent residents or green card holders and eligible to apply for U.S. citizenship. The Act in its current form would impose strict evidentiary requirements, with the burden of proof of eligibility falling on the applicants.

Of the estimated eleven million individuals living in the U.S. without legal immigration status, The DREAM Act would help an estimated 1.1 million to legalize. In 2010, the Congressional Budget Office issued a highly anticipated cost estimate for the latest version of the legislation, in which it found that by permitting a path to legalization for this portion of the undocumented population, the deficit would be reduced by $1.4 billion over ten years, and that revenues, owing to an increase in tax-paying authorized workers, would be increased by $2.3 billion over ten years. Another study was conducted by the UCLA North American Integration and Development Center, in which it was found that the DREAM Act cohort, over the course of their working lives, would generate an estimated $1.4 trillion to $3.6 trillion over the course of forty years.

Despite its estimated benefits for a narrow demographic within the undocumented population, the DREAM Act remains controversial. It failed to pass in 2010 after passing in the House but failing to garner the votes to move it to the Senate; it failed to pass as part of failed efforts at comprehensive immigration reform in 2007 and 2006; it failed to pass in 2003; and its earliest incarnation (not yet called the DREAM Act), failed to pass in 2001. Its lengthy history shows that the politically charged issues preventing its passage mirror those that have to date prevented comprehensive immigration reform.

In the meantime, faced with the practical everyday issues of undocumented residents seeking to attend school, to the extent that they can, states are taking matters into their own hands. While they cannot legislate a path to legalization, they can pass laws pertaining to education.

For example, in California, two bills collectively called the “California Dream Act”were signed into law in 2011, effective in 2012, aimed at making it easier for undocumented students to pay tuition by enabling them to apply for private financial aid. In a similar vein, two other bills were passed in California to make it easier for undocumented individuals to attend school: AB 176, which allows high school students to show certain unofficial forms of identification to get into college entrance exams, and AB 207, which allows parents to show different types of documents to schools to prove their children’s residency such as pay stubs and property tax receipts. Moreover, similar bills have been passed in Illinois and Texas, and are circulating in Florida, Pennsylvania, and New York, with a recent failed effort in Virginia.

Additionally, growing numbers of students across the U.S. have been coming out publicly as undocumented, advocating for passage of the DREAM Act and hoping to raise awareness about their need for legalization. Given that these individuals are undocumented, the question obviously arises as to whether, by coming out publicly, they are jeopardizing their ability to remain in the U.S. Under the Obama administration, ICE maintains that it concentrates its removal efforts on criminals as opposed to those who are lacking legal status but are otherwise law abiding. With an election year and a potential change in administration however, this policy could change quickly and drastically.

©2012 Greenberg Traurig, LLP.

Retail Law Conference 2012

The National Law Review is pleased to bring you information about the upcoming Retail Law Conference:

at the Westin Galleria in Dallas, Texas

November 7-9, 2012

This event is the perfect opportunity to discuss the latest issues affecting the retail industry while obtaining important continuing legal education (CLE) credits.

Open to retail and consumer product general counsel, senior legal executives and in-house attorneys and their teams, the exceptional dialogue presented at this conference will help your organization navigate the current legal landscape of the industry.

Turning the Unemployment Program into a Reemployment Program

Recently the U.S. Department of Labor had an article about the Unemployment Program published in The National Law Review:

Two months ago, the President signed the Middle Class Tax Relief and Job Creation Act of 2012.  That legislation extended the vital payroll tax cut and federal unemployment insurance programs that have been so crucial for American families and to the continued and sustained economic recovery.   But it also included several important reforms to the Unemployment Insurance system that didn’t grab the headlines the day it passed.

The Obama Administration is committed to finding new and innovative ways to turn the unemployment system into a reemployment system.  States, as laboratories of democracy, can play a crucial role in developing creative strategies that help us accomplish this goal in ways that may inform the policies of other states and the federal government in the future.

Today, I had the privilege to announce guidance to states interested in developing demonstration projects to help their unemployed obtain jobs faster and more efficiently.   These demonstrations are a key component in the first major overhaul of the Unemployment Insurance system in decades.

Through this initiative, 10 states will have the opportunity to develop new and creative ways to help recipients of UI funds get back to work faster.  These states will design programs that help the unemployed get back to work, while lowering costs and ensuring that all participants receive the same worker protections.  This will create a level playing field for employers who follow the rules and have their employees’ welfare in mind.

The Labor Department is preparing to announce more guidance in the coming months that further improve the functionality of the UI system.  These reforms will provide states with more flexibility to respond to changes in the economy, provide employers tools to avoid layoffs, help the unemployed get back into the workforce faster and even expand opportunities for the unemployed to start their own businesses.

Authored by Secretary Hilda Solis

© Copyright 2012 U.S. Department of Labor

8th Annual FCPA & Anti-Corruption Compliance Conference

The National Law Review is pleased to bring you information about the upcoming 8th FCPA & Anti-Corruption Compliance Conference:

8th FCPA and Anti-Corruption Compliance Conference
Identifying Changes to the Global Anti-Corruption Compliance Landscape to Maintain and Upgrade Your Existing Compliance Program

Event Date: 12-14 Jun 2012
Location: Washington, DC, USA

Beyond dealing with the FCPA and UK Bribery Act, there are upcoming changes to global Anti-Compliance initiatives being enacted by other major countries. It is imperative that organizations are made aware of these new rules and regulations to be able to meld them all into their organization’s anti-corruption compliance program. Maintaining a robust global compliance program along with performing proper and detailed 3rd party due diligence is of the upmost importance.

Marcus Evans invites you to attend our 8th Annual Anti-Corruption & FCPA Conference. Hear from leading executives within various industries on how to identify new areas of concern when dealing with bribery or working within a company to update an anti-corruption compliance program.

Attending this event will allow you to learn how to mitigate the effects of any possible instances of corruption and bribery both at home and abroad. Discuss solutions and best practices that companies have found when dealing with their anti-corruption compliance programs. This conference will not only review the newest enforcement cases, but also highlight practical solutions to problems dealing with FCPA and global anti-corruption measures.

Attending this conference will allow you to:

-Overcome the issues in dealing and conducting an internal investigation with Dell
-Identify anti-corruption liability concerns for US companies when engaging in Joint Ventures and Mergers and Acquisitions with Crane Co.
-Perform anti-corruption audits to better identify gaps in the compliance program with SojitzCorporation of America
-Promote 
a culture of ethics within an organization to combat non-compliance with Morgan Stanley
-Assess
 the continued challenges in conducting a 3rd party due diligence program with Parker Drilling

The marcus evans 8th Annual Anti-Corruption & FCPA Conference is a highly intensive, content-driven event that includes, workshops, presentations and panel discussions, over three days. This conference aims to bring together heads, VP’s, directors, chief compliance officers, and in-house counsel in order to provide an intimate atmosphere for both delegates and speakers.

This is not a trade show; our 8th Annual Anti-Corruption & FCPA Conference is targeted at a focused group of senior level executives to maintain an intimate atmosphere for the delegates and speakers. Since we are not a vendor driven conference, the higher level focus allows delegates to network with their industry peers.