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Z&R Press

News / PublicationsPressHuff Post, October 2011
News / PublicationsPressHuff Post, October 2011

Press and Media

Cleveland Jewish News
International residence case moves to US Supreme Court
June 21, 2019

Hollywood Life
Khloe Kardashian and Tristan Thompson’s Custody Case Could Get ‘Very Messy’: Lawyer Explains
February 27, 2019

2018 Ohio Super Lawyers
Cleveland family law attorney Andrew Zashin gets a 6th Circuit ruling that brings consistency to cases involving vulnerable children
November 8, 2018

Case Western Reserve University School of Law
Adjunct Professors Zashin, Keating and Reynolds take on path-breaking Hague Convention Case
June 21, 2018

2018 Ohio Super Lawyers
Family law attorney Andrew Zashin asks the 6th Circuit to bring consistency to cases involving vulnerable children
June 19, 2018

Cleveland Jewish News
Landmark international residence case could impact those making aliyah
June 14, 2018

WJR Detroit – Audio Interview
Attorney Andrew Zashin chats with Guy Gordon to discuss the new Illinois law for dogs when parents are getting a divorce.
January 2, 2018

Cleveland Jewish News
Surrogacy, child custody laws develop as cases arise
November 21, 2017

Smart Business Cleveland
2017 Smart Business Family Business Achievement Awards
September 2017

Crain's Cleveland Business
Ohio Employers Confront Marijuana Use
July 22, 2017

Lake View Cemetery Heritage ReView
Trustee Spotlight: Andrew Zashin
Spring 2017

Sports Illustrated
Lane Johnson's Bold Move To Sue His Own Union Is Rare, But Not Unprecedented
January 11, 2017

Law360
Packers Player Drops NFL Drug Suspension Dispute
December 19, 2016

Sports Business Daily
NFL, NFLPA Appoint Das As Third Arbitrator In Michael Pennel Lawsuit
December 5, 2016

Sports Business Journal
Eagles Lineman Challenges NFL and NFLPA in NLRB Filings
December 5, 2016

Law360
Eagles Lineman Says Suspension Violates Federal Labor Law
November 29, 2016

The Business of Sports with Andrew Brandt
RTAB #30: Lane Johnson's Legal Team (Audio Interview)
November 29, 2016

Cleveland Jewish News
Ohio Woman Receives Orthodox Divorce Decree
January 14, 2016

BNA's Health Law Reporter
Surprise! The NLRB Says You Just Might Be a 'Joint Employer'
September 24, 2015

BNA's Health Law Reporter
NLRB Adopts New Joint Employer Standard; Ruling Could Affect Health-Care Industry
September 3, 2015

BNA's Health Law Reporter
Challenge to NLRB Election Rule Fails; Employers Urged to Prepare New Game Plan
June 11, 2015

American Bar Association Section of Labor and Employment Law
Member Spotlight: George S. Crisci
April 13, 2015

The Plain Dealer
Attorney Goes To Bat for Northeast Ohio
January 18, 2015

Cleveland Jewish News
Profile on Andrew Zashin
January 15, 2015

"Here and Now" National NPR Show - Audio Interview
In A Divorce, Who Gets To Keep The Dog?
December 4, 2014

Crain's - Article and Video
Zashin & Rich embraces Cleveland roots and rock 'n' roll heritage
November 16, 2014

BNA's Health Law Reporter
Justices Reject NLRB Recess Appointments; Significant Health Care Decisions in Limbo
July 10, 2014

BNA's Health Law Reporter
The EEOC and FTC Turn Up the Heat on Employer Background Checks
April 2014

Crain’s
Zashin & Rich move marks big milestone
for E&Y Tower
November 2013

Cleveland.com
Zashin & Rich law firm leases last full floor of Ernst & Young Tower at Flats East Bank project
November 2013

Associated Press
US Claims Father Illegally Moved Kids to Gaza
May 2012

2012 Ohio Super Lawyers
Mentors | Andrew Zashin: Reminiscing About Robert Zashin
January 2012

CCH Employment Law Daily
NLRB NEWS - Controversy Erupts Over NLRB Recess Appointments
January 2012

Huff Post
Divorce's Impact On Small Businesses Can Be 'Immense'
October 2011

The Today Show - Video
Accused Facebook bigamist heads to court
September 2010

MSNBC
Facebook Busts Accused Bigamist - Woman Finds Her Prince Charming Has Married Another
July 2010

WKYC - Article and Video
Cleveland woman discovers husband's 'other' wife via Facebook
July 2010

Cleveland Jewish News
New custody center in Israel is Zashin’s passion
January 1, 2010

Worth Magazine
Top 100 Attorneys 2007
Andrew Zashin

Inside Business Magazine
Connecting Through Separation
Profile on Andrew Zashin
December 2007

Cleveland Jewish News
Valuing and dividing assets at the time of divorce
By Andrew Zashin, Esq.
February 2007

Case School of Law: In Brief
Plugged into Family, the Law, and Cleveland
Alumni Spotlight on Andrew Zashin
Spring 2005

Cleveland Magazine
The Divorcing Woman’s Best Friend
Feature Article Profiling Andrew Zashin
November 2004

Crain’s
Companies should consider coverage against employee-related claims
By Stephen Zashin | July 2004

Crain’s
ADR programs can save dollars and time
By Stephen Zashin | November 2003

COSE Update: Legal Ease
One Size Does Not Fit All
(Employment Practices Liability Insurance)
By Stephen Zashin

COSE Update: Legal Ease
Noncompete Agreements
By Michele Jakubs

COSE Update: Legal Ease
Ohio's 'Baby COBRA' Law
By Helena Oroz

Huff Post

Divorce's Impact On Small Businesses Can Be 'Immense'

October 2011 | Article with comments from Andrew Zashin

View on Huff Post | View on Crain's

When Glenn Phillips went through a contentious divorce, his company unwittingly came along for the ride.

Phillips, the founder of software consulting firm Forte Inc, estimates his divorce cost him more than $200,000 - about a quarter of his annual revenues at the time - in lost potential new business and add-on business to existing clients. He was regularly pulled away from work to meet with lawyers, dig up reams of paperwork called for by his wife's attorneys, and work out a settlement, a process that took more than a year.

"It was painful, it was costly. And I wasn't particularly efficient with my team," said Phillips, who divorced in 2003. "I wasn't there to lead and direct."

He ended up settling outside of court and was able to keep complete control of his Birmingham, Alabama-based company. He eventually got the business back on track.

Despite the hardships, Phillips likely got off easy, said experts.

"The economic turmoil of divorce and separation is immense," said George Cloutier, CEO of American Management Services Inc, a consulting firm aimed at turning around struggling private companies.

Cloutier, whose own business survived his divorce in the 1990s, said the protracted economic downturn has pressured entrepreneurs to spend even more time on the job, often to the detriment of family life. Sometimes they are unaware when trouble is brewing in the marriage.

"Cleary the whole issue of early warning signs is sometimes swept away, especially during the last few years," he said.

NO FAULT, NO WORRY?

According to the 2009 U.S. Census, there were 9.2 divorces for every 1,000 men and 9.7 divorces for every 1,000 women. Most business owners don't head into marriage thinking about doomsday scenarios, but when divorce is imminent, small businesses are at significant risk, as leadership and financial resources may be stretched thin.

Are we seeing businesses go under?" said Andrew Zashin, a Cleveland, Ohio-based divorce attorney whose clientele includes high-net-worth small business owners. "The answer is yes.

There is a bright spot. The availability of so-called "no-fault divorce" throughout the entire U.S. is approaching its one-year anniversary in October, twelve months after the state of New York joined the rest of the country by allowing couples to end marriage without allegations or proof of fault.

No fault divorce sidesteps the often-embarrassing litany of legally recognized grounds. Depending on the state, these claims can range from emotional abuse to adultery - and they can make the divorce process a painful, public spectacle.

"(No fault) advances preserving business because it helps people get divorced amicably," said Zashin, who over the years has faced bullying from angry spouses, including one man who brought a concealed sword to his law office and threatened him with it. "They can talk."

Jon Hersh, a Columbus, Ohio-owner of specialty travel and home care businesses, concurs. He and his ex-wife managed to politely hammer out their settlement, saving what he estimated would have been thousands in legal fees as well as unnecessary aggravation.

"We sat down like adults and laid it out," said Hersh, 41, who divorced in January and retained ownership of his multi-million-dollar businesses, but compromised by paying a higher amount in child support for his son.

"PUTTING OUT FIRES"

Beyond significant differences in state laws, there are many variables that can impact a divorce settlement, including the type of business, ownership structure, spouse's role in the company, children and when assets were acquired, among many others.

Small businesses owners would do well to take precautionary measures for their companies before they marry, said Charley Moore, founder and chairman of Rocket Lawyer, an online site that helps prepare basic legal documents and offers discounted rates on local attorneys.

"A divorce doesn't have to spell the end for your small business," said Moore, a lawyer. "But we like to get people thinking about the issues up front."

Jeffrey Landers, a financial advisor and president of New York-based Bedrock Divorce Advisors, said most small business owners are unprepared for divorce.

"People just assume it's not going to happen," said Landers, whose firm caters to upscale women, including business owners and their spouses. "You're thinking about profits. You're putting out fires."

There is a range of protective measures owners can take prior to marriage, depending on circumstances, Landers said. These include: preparation of a will; a prenuptial agreement; a buy/sell agreement that stipulates what happens to company ownership in the event of certain triggering events; and creation of a domestic asset protection trust, which transfers the shares of a business into a trust that would not be subject to division in a divorce.

Phillips, now 47 and remarried, had no prenuptial agreement or other legal document that might have helped shield his business from the fall-out in his personal life.

"The divorce forced me to reexamine my life and how the business was structured," said Phillips, who used the event to pare down staff and redefine his niche. "I became more of a delegator."