Articles

Legal matters are rarely simple, which is why Tully Rinckey PLLC attorneys like to share their knowledge about specific topics through our articles page. Here, you will find articles to help make sense of complex legal issues. If you have a legal topic you would like us to address in our articles, please email info@tullylegal.com.


OPM Enacts New Requirements to Transition Political Appointees into Career Employees

Agencies seeking to hire current or former political appointees into covered civil service jobs are facing new requirements from the Office of Personnel Management (OPM). OPM…

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Public or “Private,” Social Media Posts Can be Used as Evidence

Recent events at the National level has shed some light on privacy concerns pertaining to social media. However, these issues are also being raised in New York as well. Did you…

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Declaratory Judgment Actions Can Answer Legal Questions Before Litigation

Declaratory Judgment Actions Can Answer Legal Questions Before Litigation You hire a contractor to build an in-ground pool in your backyard. The contractor brings an excavator to…

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Menchaca Holding Affirmed on Rehearing, with Additional Clarification

Today the Texas Supreme Court issued its opinion on rehearing in USAA Texas Lloyds Co. v. Menchaca confirming the Vail principle that policy benefits wrongfully withheld can be…

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Telecommuting and Employment Law

According to the 2017 State of Telecommuting in the U.S. Employee Workforce Report, nearly 4 million U.S. employees – almost 3 percent of the U.S. labor force – work from home…

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Child Support Deviations: What They Are, What They Do and How Do You Get One

As many separating couples with children know, child support in New York is subject to a mathematical formula. But just because there is a formula to determine the amount of child…

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Virtual Visitation Provides Supplemental Rights

A hypothetical scenario –A divorced couple develops a child custody plan where the non-custodial father has visitation with their three children every other weekend. The…

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The Ink is Dry, but is the Deal Done?

You have worked long and hard and put a lot of thought and compromise into your Separation or Divorce agreement. You and your lawyer crafted each article carefully and defined…

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The Difference Between Guardianship and Custody of a Child

You may be wondering if there’s a difference between having custody verses having guardianship of a child. Although these are similar legal concepts, they actually differ in a…

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Punitive Damages are not “damages for bodily injury”—Holding Stands as Court Denies Rehearing En Banc

In Farmers Tex. Cty. Mut. Ins. Co. v. Zuniga, No. 04-16-00773-CV, 2017 WL 5471887 (Tex. App.—San Antonio Nov. 15, 2017, reh’g en banc denied), the court considered whether…

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