News & Insights

  • Social Media Law

    Employers, Leave My Social Media Alone! Says New York Law

    Many people live their lives online open to public consumption. One of the downsides of that is how it could affect their employment. Some individuals have lost job opportunities due to the content of social media posts, even those made many years prior. While it may seem unfair to employees, employers may be concerned about … Read more

  • NON-DISCLOSURE

    NEW YORK LIMITS EMPLOYER’S USE OF NON-DISCLOSURE AGREEMENTS

    In 2019, largely in response to the #MeToo movement, the New York Legislature amended the New York General Obligations Law to prohibit the use of a non-disclosure provision in any document resolving a claim in which sexual harassment was alleged. This prohibition did not apply, however, if the complainant chose to include the non-disclosure language … Read more

  • litigation

    Why You Must Strictly Comply with Court Orders

    Litigation is an adversarial practice where parties will seek to take full advantage of mistakes made by the other side. In some instances, New York’s Civil Practice Law & Rules (CPLR) and other court rules do provide limited opportunities for attorneys to be excused for their inadvertent errors. While they may be forgiven in certain … Read more

  • Life Insurance

    Recovering Life Insurance Premiums Paid in the Year of Death

    Life insurance is a necessary part of any well-considered estate plan. A term life policy that covers you for a certain number of years can help ensure money is available to your beneficiaries to pay expenses after your death. Whole life coverage provides a guaranteed death benefit as well as offering lifetime benefits through access … Read more

  • LICENSE NEW YORK

    NEW YORK LEGAL UPDATE: TERMINATING A LICENSE TO USE PROPERTY

    In a previous blog post, we discussed a court ruling on when a party can terminate a license to use property at will. The decision of the New York Appellate Division, Fourth Department in Skaneateles Country Club v. Cambs had created another exception to the general rule that license agreements can be terminated at will. … Read more

  • RELEASE

    WHEN DOES A RELEASE BAR A RELEASOR FROM SUING THE RELEASEE

    Generally, under New York law, a release signed by one party releasing the other party from liability bars the first party (the releasor) from suing the second party (the releasee). However, how this rule plays out in court can be complicated as demonstrated in a recent decision of the New York Appellate Division, Second Department. … Read more

  • Employee

    When Can an Employer Be Held Liable For Employee Misconduct?

    When someone is injured by an employee of a business, it isn’t unusual for the individual to often try to hold the employer responsible for the employee’s conduct to bring a party with a “deep pocket” (and potentially their insurance carrier) into the litigation. Depending on the facts of the case, an employer may be … Read more

  • Insurance

    New FDIC Insurance Limits on Trust Accounts Coming Soon

    The failure of several banks in the last year caused many to question whether their money was protected if their bank went under. FDIC insurance is available up to a certain limit and not just for individual accounts. Almost all funded trusts have bank accounts that are insured by the FDIC. However, the amount of … Read more

  • LEASE

    LEASE MUST BE SIGNED AND DELIVERED TO MAKE IT ENFORCEABLE

    Like any contract, leases must meet certain requirements to be legally valid. One of these requirements was addressed in a recent decision of the New York Supreme Court Appellate Division, First Department. The case involved a lease amendment that was signed by the tenant but the tenant never received a copy of the fully executed … Read more

  • Non-Compete Agreement

    Will New York Ban Non-Compete Agreements?

    Non-competition agreements are fairly common in certain types of jobs and industries. Because they restrict an employee’s future employment prospects, typically, these contracts are limited in that they only apply for a specific length of time and/or a reasonable distance from the previous employer’s business location. However, in recent years, some states are going so … Read more

Why You Must Strictly Comply with Court Orders

litigation

Litigation is an adversarial practice where parties will seek to take full advantage of mistakes made by the other side. In some instances, New York’s Civil Practice Law & Rules (CPLR) and other court rules do provide limited opportunities for attorneys to be excused for their inadvertent errors. While they may be forgiven in certain … Read more

WHEN DOES A RELEASE BAR A RELEASOR FROM SUING THE RELEASEE

RELEASE

Generally, under New York law, a release signed by one party releasing the other party from liability bars the first party (the releasor) from suing the second party (the releasee). However, how this rule plays out in court can be complicated as demonstrated in a recent decision of the New York Appellate Division, Second Department. … Read more

LEASE MUST BE SIGNED AND DELIVERED TO MAKE IT ENFORCEABLE

LEASE

Like any contract, leases must meet certain requirements to be legally valid. One of these requirements was addressed in a recent decision of the New York Supreme Court Appellate Division, First Department. The case involved a lease amendment that was signed by the tenant but the tenant never received a copy of the fully executed … Read more

Will New York Ban Non-Compete Agreements?

Non-Compete Agreement

Non-competition agreements are fairly common in certain types of jobs and industries. Because they restrict an employee’s future employment prospects, typically, these contracts are limited in that they only apply for a specific length of time and/or a reasonable distance from the previous employer’s business location. However, in recent years, some states are going so … Read more