As reported in Law360, Brooklyn-based Dumbo Moving & Storage Inc. ("Dumbo") can proceed with claims that three competitors and their owners misappropriated software that provides customers with instant price quotes and real-time updates, a Manhattan federal judge ruled Monday. Dumbo has plausibl...
Effective August 7, 2023, New York Labor Law § 191-d will prohibit non-compete clauses in employment agreements, significantly altering the state's employment law landscape. Our latest article explores this new law, its implications, and suggests alternative strategies for employers to protect their business interests. We encourage all New York employers to review their agreements and consider new protective measures. For a detailed analysis, check out our full article. #employmentlaw #noncompete #newyorklaw #legalupdates #businessstrategy
Over the past six months, the Second Circuit Court of Appeals has adopted a more nuanced view of workplace retaliation claims, making it more difficult for employers seeking dismissal of employees' claims. Nevertheless, employers still have the right to take adverse employment actions against employees for legitimate reasons. Employers and employees should be aware of their rights and the legal protections available to them.
In today's dynamic business world, AI technologies like OpenAI's ChatGPT are becoming the norm. While AI offers opportunities for productivity and innovation, it also presents challenges in protecting sensitive data and client confidentiality. Without clear guidelines, there's a risk of inadvertent misuse of AI tools, potentially leading to data breaches. In the AI era, updating policies isn't just about keeping pace; it's about ensuring security and legal compliance. This article discusses some of the strategies we recommend to mitigate against the potential risks that AI presents in the workplace
When a sibling, step-parent or other caregiver takes control of an aging parent's finances and healthcare, it can lead to disputes within the family. An attorney specializing in trust and estates litigation can provide guidance and legal assistance in such situations. They can facilitate mediation to resolve issues amicably, initiate guardianship proceedings if necessary, help in granting Power of Attorney to another sibling, and even start trust or elder law litigation if there's a need. The ultimate goal is to protect the rights and interests of the parents, ensuring their wellbeing and safety.
When dealing with contested estate accounting proceedings in New York's Surrogate's Court, it's important to understand the unique discovery procedure that governs these cases. The Surrogate's Court Procedure Act (SCPA) and the New York Civil Practice Law and Rules (CPLR) outline the process, which requires an understanding of the nuances involved to effectively navigate the court system. In this blog, we will delve into the specifics of the discovery procedure in contested estate accounting proceedings and provide insights to help you better comprehend this complex area of law.
Introduction: In today's cutthroat business landscape, predatory pricing is an underhanded tactic some companies use to eliminate competition and establish a dominant market position. Predatory pricing occurs when a company deliberately lowers its prices below cost to drive competitors out of ...
In New York, trust beneficiaries have a right to receive information about the trust and its finances. Trustees are legally obligated to provide transparency and ensure that beneficiaries receive their due distributions. Unfortunately, some trustees refuse to fulfill these obligations, leaving beneficiaries in the dark about their entitlements. This article will discuss the options available to trust beneficiaries under the New York Surrogate's Court Procedure Act (SCPA) and the Estates, Powers, and Trusts Law (EPTL) when faced with uncooperative trustees.
Stephen Turman is a guest on Michael Fried's popular podcast, Five Minutes with Fried.
SCPA 2103 proceedings provide a powerful mechanism for executors and administrators to discover information and recover estate assets. Unfortunately, this provision of the Surrogate's Court Procedure Act is also notorious for being susceptible to abuse, with some parties using it as a means to carry out "fishing expeditions" without a legitimate legal basis. In this article, we will explore the abuse of SCPA 2103 proceedings in New York, the challenges it poses, and the measures being taken to curb such abuse.
Elder abuse is far too common. While Elder abuse can manifest itself in the form of neglect or physical violence, financial abuse is just as prevalent. In today's vlog, we review a case study in financial abuse of a terminally ill man by his second wife who is 30 years his junior. She hatches a plot involving the use of duress, coercion, undue influence and fraud to steal her husband's money and rob his children from a prior marriage of their inheritance. Can she be stopped?
In a case involving a small estate with assets that are easy to liquidate and beneficiaries that get along, probate can be an inconvenient process but relatively painless. When an estate plan is more complex, assets that are harder to liquidate and the beneficiaries are at each other's throats, probate can the legal and financial equivalent to root canal without anesthetic—only worse, since it can go on for years. If you're asking yourself, why is probate so painful? Well, let me provide a general overview of the process and you can decide for yourself if it's something you want your loved ones to go through after you leave this Earth. If you want to avoid probate, there many strategy that can be used to eliminate probate entirely or, at least, minimize the pain associated with probate.
I bet you didn't think that managing your relationship with your business partners would be just as as challenging as managing your relationship with your significant other. Over the course of my 20+ years as a commercial litigator, I have represented dozens of business owners in disputes with their partners and co-owners. I this vlog and blog, I discuss the top five reasons why business partnerships fail...
