The Families First Coronavirus Response Act
By Adam Rodriguez, Esq. COVID-19 issues are unfolding unfold rapidly and the government is taking swift and decisive action to deal with the impact. Employers have to be prepared quickly understand and implement these new policy decisions. The newly enacted Families First Coronavirus Response Act (“FFCRA”) requires small employers (less than 500 employees) to provide employees with paid sick...Read More
First Things First: Addressing Burial and Cemetery Issues
From time to time trust and estate attorneys find it necessary to delve into the laws, regulations and rulings regarding cemetery matters, particularly if there is a dispute among a decedent’s family members regarding the proper disposition of a decedent’s remains or a need to determine the unique rights and responsibilities of various parties having an interest in a cemetery lot....Read MoreNew York Imposes New Conflict of Interest Rules for Co-op/Condo and HOA Boards
In September 2017, New York State amended the New York Business Corporation Law (“BCL”) and the New York Not-For-Profit Corporation Law (“N-PCL”) to require additional disclosure by “interested directors” of Cooperatives, Condominiums or Homeowners Associations, i.e. directors who have a direct or indirect interest in a party to a financial transaction approved by the Board. The new law...Read MorePlanning for Disability and Long Term Care
Legal and Financial Issues Click here to view the PDF titled ‘2017 Planning for Disability and Long Term Care’ by Frances M. Pantaleo Read MoreNew York is First State in the Nation to Propose Cybersecurity Regulations Impacting Banks, Insurance Companies and Mortgage Lenders
The New York State Department of Financial Services has proposed regulations that would impose new cybersecurity requirements on banks, insurance companies, mortgage lenders and others. The proposed regulations, issued pursuant to the Financial Services Law, would apply to entities that require a license or authorization under New York State banking, insurance or financial services laws to...Read MoreU.S. Supreme Court Provides Patentees an Easier Path to Increased Patent Damages
In its recent decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (June 13, 2016), the United States Supreme Court made it easier for a prevailing patentee to recover additional damages in a patent infringement action. After Halo, a patentee need only show that the infringer acted in bad faith to request an award up to three times his actual damages. Under prior law,...Read MoreIndependent Contractor Misclassification (2015)
An Overview of Relevant Legal Issues and Recent Developments Click here to view the PDF titled ‘Independent Contractor Misclassification’ (2015) by Joseph DeGiuseppe, Jr. Read MoreThe Subrogation Rights of Medicare Advantage Organizations Should be Considered When Settling a Personal Injury Action
A recent case decided by a U.S. District Court in Florida provides an important reminder that Medicare Advantage Organizations may employ Medicare Secondary Payment reimbursement remedies and that the settlement of a personal injury action without considering such an organization’s lien is done at one’s peril. See Humana Medical Plan, Inc. v. Western Heritage Insurance Company, 2015 U.S. Dist....Read MoreCan a Shareholder Withhold a Portion of the Maintenance Fee When an Amenity is Not Available?
First, the shareholder should carefully review the terms of his proprietary lease, which will generally establish the conditions under which a shareholder may withhold payment from the cooperative. Most proprietary leases contain language providing that “the Lessee (shareholder) will pay maintenance to the Lessor” (cooperative) upon the terms established by the cooperative “without any...Read MoreFederal Government Expected to Increase Immigration Compliance Audits and Fines in 2015
All employers should be aware that the federal government is likely to devote increased resources to auditing employer compliance with immigrant employment laws in 2015. Those laws apply to large and small employers alike, and can often result in substantial fines for the unwary. All companies should take steps to familiarize themselves with these requirements and consider an independent...Read MoreIssues in Special Needs Planning
A Plan for Special Needs As a parent of a child living with a disability – whether it is a physical disability, intellectual disability, developmental disability, autism or mental illness – you are well aware of your loved one’s extraordinary requirements. In his or her life to date, almost everything has needed more time, more attention and more care than you might reasonably have...Read More