News & Insights

What You Need To Do To Safeguard Your Will and Property

A will is an important document needed to ensure that your loved ones are taken care of in a manner that you see fit. However, it’s not enough to prepare and execute a will. Important steps must be taken to safeguard your will and estate plan is actually carried out as you intend. One easily overlooked step, but which a former colleague turned Court attorney assures me comes up frequently, is securing the whereabouts of your original will and leaving behind appropriate information to aid those who will be handling your estate.

Read more

Suing the Government Just Got a Little Bit Easier

In New York, before you can begin suing the government for personal injury or property damage, you must file a Notice of Claim within 90 days after the claim arises. Miss the deadline and your claim is usually barred. However, courts do have limited discretion to allow service of a late notice in certain circumstances. Now thanks to a recent court case, it’s a little easier for plaintiffs to bring a lawsuit even if they missed the deadline.

Read more

Beware of Zoning Changes: Protecting Your Non-conforming Use

ZoningLocal zoning codes established by a town, village, or city control and establish what you can do with your property, as well as the size and boundaries of structures. Those codes can change over time, resulting in potential problems for property owners. This is increasingly an issue for many owners as localities look to prohibit certain uses of property because of growing concerns of conservation, exposure risks, etc. However, owners are often protected from a change that makes a pre-existing use illegal because they are considered to have a “prior non-conforming use.”

Read more

NY Court Limits Effectiveness of Blanket Additional Insured Riders for Construction Companies

Construction companies and contractors are required to maintain insurance not only for their benefit, but for the benefit of the owner of the property where they are providing services as “additional insureds.” Many companies use what is known as a “blanket additional insured rider” to provide the required coverage to the property owners. However, a recent court decision has significantly limited the effectiveness of blanket riders.

Read more

Estate Planning Musts for Liquor License Owners

Individuals who hold a liquor license face a number of restrictions on their business operations. In the context of estate and business succession planning, these limitations add an extra burden when passing the business on to heirs due to additional restrictions which may come into play after the death of a license holder. If owners do not plan appropriately, their estate may face legal difficulties and high costs which could reduce their assets.

Read more

Filling in the Gaps in an Adversary’s Email Production

It is not exactly news that the majority of business communications today are handled electronically by email. However, in the context of litigation, this can add new complications and twists to an age-old problem: How to obtain evidence from an opposing party who is motivated to avoid producing communications and willing to disregard their obligations under the relevant rules.

Read more

How to Maximize Your Estate with a Retirement Asset Trust

For years, the government and financial experts have encouraged individuals to save more money for retirement. One of the best ways to save is to use tax beneficial accounts, including 401k, 403(b) or traditional IRAs. These accounts allow assets to grow tax deferred until the funds are withdrawn, which is not required until an individual reaches age 70 and a half. As a result, many people will die with significant assets in these tax protected accounts, which can pose challenges for proper estate planning. However, retirement asset trusts can provide a solution.

Read more

Eight Changes to NFLPA Regulations that Agents Need to Know

In recent years, steps have been taken to reduce the role of NFL agents, particularly with younger players. Since the NFL and the NFLPA entered into their 2011 Collective Bargaining Agreement, NFL agents have been limited in what they can negotiate for rookie players. They are only able to negotiate the timing of salary bonus payments and “offset” language, which addresses whether the salary of a player who is released from his contract and signs with another team reduces, or offsets, the amount the first team must pay to the player. As a result of this restricted role, some players have even begun to forego agents completely for their first contract, hurting agents’ revenue.

Read more

Don’t Think You Need a Will? Think again.

According to a Gallup Poll earlier this year, only 44% of Americans say they have a will. Unfortunately, from new parents, to one of the world’s biggest music stars, many people believe they don’t need a will; don’t understand why it’s so important; or simply do not take the time to meet with an estate attorney to prepare one.

Read more