A recent decision out of Surrogate’s Court directly relates to the petitioners’ parents’ Separation Agreement. (Matter of Estate of Richard N. Panella, Oneida Cty Surrogate’s Court File No. 2017, September 21, 2022). While the case addresses a Will contest, matrimonial ...
Read More »NYC Bar on ethics of copying clients on emails
Lawyers have used email for decades, ever since the mid-1990s when ethics committees determined that it was permissible for lawyers to use email to communicate about case-related matters. Fast forward to 2022, and most lawyers now use email at least ...
Read More »Civil Litigation: Staying ready: An alternative approach to taking depositions
An attorney’s or client’s quick perusal of online practitioners’ guides will find that most of those who opine on best practices for depositions encourage a conversational approach to probe for information. This approach is half correct. I offer an alternative. ...
Read More »Insurance and Injury Corner: Grieving Families Act and impact on New York wrongful death claims
Senate Bill S74A, also known as the Grieving Families Act, passed the New York Senate Assembly, on June 2, 2022. The legislation is expected to be signed by Gov. Kathy Hochul. It revises New York’s wrongful death statute — Estates, ...
Read More »Ohio ethics board on holding cryptocurrency in escrow
Take a look around. The world’s a bit different these days, isn’t it? Change is occurring so rapidly that it’s not always easy to keep up. For instance, just when you’ve finally wrapped your head around the concept of cryptocurrency, ...
Read More »White Collar Corner: While PPP loans have ended, the investigations are ongoing
On Aug. 5, 2022, the PPP and Bank Fraud Enforcement Harmonization Act of 2022 was enacted and established a 10-year statute of limitations (“SOL”) for the prosecution of fraud by borrowers under the Small Business Administration’s Paycheck Protection Program (PPP). ...
Read More »Advocate’s View: Appellate courts reject commercial tenant attempts to avoid rent obligations
During the COVID outbreak in 2020, New York and several other states issued restrictions on in-person business operations in an attempt to reduce the spread of the virus. These measures significantly impacted commercial real estate as tenants struggled to pay ...
Read More »IP Frontiers: First impressions of the Copyright Claims Board
In December 2020, the Copyright Alternative in Small-Claims Enforcement Act (the CASE Act) was signed into law at the height of the COVID-19 pandemic. The CASE Act provided for the creation of a Copyright Claims Board (CCB) by amending Title ...
Read More »Your Counsel: Important deadlines for labor & employment, SSD and workers’ compensation cases
Lawyers tend to limit their practice to a few areas. Nonetheless, people come to us with myriad problems — many of which fall outside our expertise. Through this column, we provide practical information to help you assist those who have ...
Read More »Legal Loop: New York courts and bar take tech forward steps
How much did the pandemic change your life? What about your law practice? Were the effects significant or peripheral? Did your law firm change the way it functioned in order to adapt to remote working challenges? Or did your firm ...
Read More »Commentary: Penalties and punishments for weapons charges in New York
The state of New York has some of the most restrictive weapon laws in the country, and New York City has codified even more severe restrictions. If you are facing a criminal weapons charge, or if you just have questions ...
Read More »Environmental Law: Biden signs Inflation Reduction Act with significant climate, energy policy provisions
On Aug. 12, the House of Representatives passed the Inflation Reduction Act. It was signed by President Biden on Aug. 16. The bill is a scaled-back version of his proposed Build Back Better Plan that was agreed to after West ...
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