Articles written byThe new tax law has gotten a lot of media coverage in New York mostly because of the loss of the State and local tax deduction and the end of the “Obamacare” health insurance individual mandate. Less attention is paid to the significant estate and gift tax changes contained in the law. These provisions may … Read more
Internships are widely considered to be beneficial for students, even if they are unpaid. They are supposed to provide practical experience and insight into how the student’s education is applied in a work setting. However, just because a student agrees to an unpaid internship, this does not mean that the employer automatically avoids liability under … Read more
Since March 2000, New York has allowed the use of electronic signatures on electronic records in place of actual signatures. The New York Electronic Signatures and Records Act (ESRA) applies to anyone using or accepting electronic records and signatures in New York State, including persons and entities in the public and private sectors. An electronic … Read more
Medical records may be relevant to litigation in different types of cases, including personal injury, malpractice and contractual disputes involving medical or dental (and other healthcare) providers. However, that does not mean that medical records can be freely disclosed by providers. Medical records contain sensitive and confidential personal information which generally should not be disclosed … Read more
Generally, the law recognizes parties’ freedom to enter into a contract under the terms of their choosing. Parties can freely determine the terms of their personal and business affairs unless the agreement is illegal. However, one area where New York law steps in to impose limitations on parties’ freedom of contract is with usury laws. … Read more
Typically, officers and employees of corporations or limited liability companies are not personally liable for acts taken in a corporate capacity. However, there are important exceptions. As discussed in a previous post, when a corporate entity fails to follow corporate formalities and its shareholders mingle personal and corporate funds, the shareholders may be personally liable … Read more
In any litigation, information that is relevant or intended to lead to relevant information is discoverable unless it falls within an exception. Relevant information which is privileged such as communications between an attorney-client, physician-patient, and spouses as well as attorney work product are common exceptions to the discovery rule. In the context of insurance coverage … Read more
When someone files a lawsuit, he/she must serve papers on the defendants to establish the Court’s personal jurisdiction over them. There are laws governing how and when serving papers can occur in order to be valid. Among the rules that apply are those dealing with serving papers on the Sabbath. Importantly, a recent New York Appellate … Read more
A few years ago, merchants knew not to charge a “surcharge” or extra fee for a customer who paid by credit card instead of fees because most major credit card agreements did not allow it. As a result of antitrust litigation, many credit card agreements no longer prohibit charging additional fees for credit card use. … Read more
Most contracts have a choice of law provision which identifies the state law which will apply in actions brought under the agreement. Often this clause isn’t given a lot of attention until there is a dispute. However, the choice of law can have a big impact on how a contract is interpreted and enforced so … Read more