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Attorney John Diaconis Featured in Successful Mediation & ADR Panel Discussion

John Diaconis, Esq., a member of Bleakley Platt & Schmidt’s Insurance and Employment practice groups, moderated a successful July 29 online panel discussion, Mediation & ADR Alternatives in Westchester County Supreme Court. Among the panel members were Hon. Linda S. Jamieson of the Supreme Court of State of New York and Hon. Gretchen Walsh of NYS Supreme Court, Westchester County.

The discussion addressed Westchester County’s Alternative Dispute Resolution (ADR) programs, with special attention paid to presumptive ADR and its application to commercial, civil, and matrimonial division mediations. The panel also gave an overview of Westchester County Supreme Court’s ADR rules and the process for utilizing ADR programs, including virtual meditations. Additionally, attendees learned topics to consider and discuss with clients.

Mr. Diaconis counsels clients in the insurance and reinsurance industry and acts as defense and coverage counsel, mediator and arbitrator in the investigation and resolution of fidelity, commercial crime and financial institution bond claims, insurance company errors and omissions, employment, insurance agents and brokers, specified medical professions and medical benefits claims, and directors’ and officers’ claims. He also serves as an arbitrator and mediator in insurance and reinsurance arbitrations and mediations. He can be reached at jdiaconis@bpslaw.com.

Client Alert: Unique Estate Planning Opportunities Available Now

Certain aspects of the current economic environment allow for unique planning opportunities that are not available during more usual times.  The following factors combine to present these unprecedented estate planning opportunities:

1. Historically High Gift/Estate Tax Exemptions. Generally speaking, transfers to your loved ones (other than a spouse) during your life or at your death are subject to federal gift or estate taxes.  All US citizens have an exemption from these taxes, which is now at an historically high $11,580,000.  Importantly, this exemption amount is currently scheduled to be reduced by approximately half on January 1, 2026.  However, a change in political control of the federal government prior to 2026 would also likely result in reductions of these historically high exemptions, or they may be reduced in order to raise revenue for the federal government.  This means that making large gifts at this time may be desirable to use the current historically high exemption before it is no longer available.
2. Historically Low Interest Rates. The Federal Reserve has reduced interest rates to essentially zero.  Certain trusts work very well in low interest rate environments as discussed in more detail below.
3. Reduced Asset Values. The value of many financial assets (such as marketable securities) have declined from their February 2020 highs.  Because gifts of these assets are taxed on their values at the time of the transfer, it is now cheaper to transfer assets with a currently reduced value than it was before the pandemic.

In this Client Alert, we list ten estate planning techniques you may wish to consider during the current environment.  Not every technique may be helpful for you.  Our firm’s Trusts and Estates attorneys can review your and your family’s particular situation to see if you can benefit from these techniques, as well as others not listed here.  Every estate plan we draft is custom-tailored to our clients’ unique needs and goals, which may have changed in light of the current pandemic.

The estate planning opportunities discussed below should be built upon a well-drafted basic estate plan, which includes a Will and/or a Revocable Trust, a Power of Attorney, Health Care Proxy and Living Will.    A previous Client Alert, which can be found here, reviews the importance of a basic estate plan and how it can be implemented even while social distancing is required.

Ten Estate Planning Opportunities to Consider Now:

1. Grantor Retained Annuity Trusts (“GRATs”). GRATs are structured so that the creator of the GRAT transfers assets to a trust and retains the right to receive payments back from the trust over the trust term.  If the assets transferred to the trust appreciate in value beyond the amount of the payments back to the creator and an interest rate set by the IRS (the “hurdle rate”), this appreciation passes to your beneficiaries free of transfer tax.  GRATs are particularly attractive now because in this low interest rate environment the hurdle rate is very low and the expected economic recovery may lead to significant appreciation of assets above their current values.  There is currently political opposition to GRATs, which means that GRATs could be significantly curtailed in the future if there is a change in political control of the federal government.  This suggests proceeding now if it makes sense for your current situation.
2. Spousal Lifetime Access Trusts (“SLATs”). In this time of economic uncertainty, it is understandable that losing the ability to access gifted assets may be undesirable.  For married clients, SLATs couple the advantages of making gifts at this time (i.e., using your gift tax exemption before it is reduced) while retaining the ability to indirectly access the assets transferred to the SLATs.  SLATs accomplish this by providing that your spouse is the beneficiary of the SLAT and can receive assets from the SLAT during your lifetime.  Your spouse can also create a SLAT for you, although the SLATs established by you and your spouse cannot have identical provisions.
3. Domestic Asset Protection Trusts (“DAPTs”). Another way to take advantage of making gifts now without losing control of those assets is by creating a DAPT.  DAPTs allow you to set up a trust for your own benefit, while protecting the assets in the trust from your creditors and taking advantage of gifting during this time.  DAPTs must be established in one of the 19 states that currently allow them (New York is not one of these states), but DAPTs can be established by residents of other states.  There are many variations of DAPTs that can be used to address your specific needs.
4. Life Insurance Trusts. Life insurance is included in your estate for estate tax purposes at the face value of the policy.  Creating a trust to own any life insurance you may have can remove this amount from your estate, which may be prudent planning at this time because the estate tax exemption amount will be coming down (as discussed above).  It is preferable to transfer existing policies to such a trust as soon as possible because existing policies transferred to trusts are included in your estate for the three years following the transfer.
5. Annual Exclusion Gifts. Current law allows you to make gifts of $15,000 ($30,000 if you are married and your spouse consents to the gifts) to as many people as you choose without reducing your lifetime gift/estate tax exemption.  Making these gifts now will allow your beneficiaries to purchase assets with depressed asset values and receive the benefit of the appreciation of those assets going forward.  You can also make gifts of assets with currently depressed values that you believe will appreciate.
6. Gifts of Closely Held Businesses. If you own a closely held business that has recently experienced a decline in sales, this may be the right time to make gifts of ownership in that business, because the gifts are valued at the time of transfer and the value of your business may be significantly reduced at this time.  Also, if there is a change in political control in Washington it is likely to bring about restrictions on planning opportunities for transfers of closely held businesses.
7. Low Interest Loans. The tax code generally requires you to charge a minimum amount of interest on a loan.  Because of the low interest rate environment, the minimum required interest rate on a loan is historically low.  Therefore, it may be a great time to make a loan to a loved one, who could purchase investment or personal assets (such as a home) while prices are reduced.  This technique also applies to “selling” assets to a trust in exchange for a promissory note.  This technique usually involves a specialized trust called an Intentionally Defective Grantor Trust.
8. Maximizing Use of the Current GST Tax Exemption. The current economic environment also offers planning opportunities with respect to the generation-skipping transfer tax (the “GST tax”).  The GST tax is a federal wealth transfer tax in addition to the gift/estate tax on transfers to grandchildren or other persons more than one generation below you. Like the federal gift/estate tax, the current GST tax exemption is currently historically high and is slated to be reduced in 2026, if not before for the reasons mentioned above.  If you currently have trusts set up, you may be able to use your GST tax exemption without transferring any additional assets.  Accordingly, it is a good time to provide for your grandchildren by creating what is commonly known as a Dynasty Trust.
9. Roth Conversions. Withdrawals from “traditional” retirement accounts are generally subject to income tax, while withdrawals from Roth retirement accounts are not. Converting “traditional” retirement accounts to Roth accounts will result in inclusion of the converted amount in your taxable income for the year of the conversion, but later withdrawals from the converted Roth account will be income tax free.  Converting traditional retirement accounts to Roth accounts may be advantageous in the current environment because: (i) asset values are lower and conversions will be taxed on this lower amount; (ii) current income tax rates are historically low and are expected to rise in the future to meet the federal government’s revenue needs, and (iii) you may have reduced income in 2020.  When reviewing your estate planning for your retirement accounts, it is also important to keep in mind the recent changes as a result of the SECURE Act, which we have addressed in a previous client update which can be found here.
10. Charitable Donations. The recently passed CARES Act expands the availability of income tax deductions for charitable contributions in several ways.  You may wish to consider making charitable contributions at this time, which can result in additional tax benefits to you while providing a helping hand during the current crisis.  Clients with retirement accounts can also make Qualified Charitable Distributions directly from those accounts to charities, which can increase the tax benefits of doing so.

We look forward to assisting you with creating your estate plan or re-evaluating any estate planning you may have done. Please feel free contact any of our estate planning attorneys listed on our firm’s Trusts and Estates Department website to review your plan.

McGOWAN ELECTED TO ROCKLAND COUNTY LEGISLATURE

In November 2019, John W. McGowan was elected to a 4-year term on the Rockland County Legislature.  In his capacity as Legislator, Mr. McGowan, who took office on January 2, 2020, represents residents in District 15, that encompasses portions of Orangetown (Pearl River), Clarkstown (Nanuet, West Nyack), and Chestnut Ridge.

To read Mr. McGowan’s attorney profile, click here.

Bleakley Platt & Schmidt’s John McGowan Begins First Term on County Legislature

Bleakley Platt & Schmidt, LLP associate John W. McGowan, Esq, was recently sworn in as Rockland County’s District 15 Legislator, joining the County Legislature, comprised of 17 representatives from throughout Rockland.

A lifelong resident of Rockland County, McGowan’s victory in District 15 was his first run for elected office and is the culmination of an extensive record of public service and community involvement. As an attorney at Bleakley Platt & Schmidt, McGowan, who is admitted to practice in both New York State and federal courts, is a member of the Litigation Practice Group, where he specializes in general liability defense, construction law, and criminal defense. He is a former Senior Assistant District Attorney of the Rockland County District Attorney’s Office, where he was assigned to the Special Victims’ Unit.

Appointed by Rockland County Executive Ed Day in 2018, McGowan is a board member of the Rockland County Solid Waste Management Authority. He is also president of the Rockland Ancient Order of Hibernians, as well a member of the Rockland Friendly Sons of St. Patrick, Pearl River Elks Lodge 2041, St. Dominic Knights of Columbus, and a volunteer with the Lourdes Kids of Rockland and Pearl River American Legion, Post 329. He is an adjunct professor at St. Thomas Aquinas College and a faculty instructor with the Orangetown Police Youth Court.

McGowan began his four-year term on January 2, 2020, replacing outgoing District 15 legislator, Patrick Moroney.

Bleakley Platt & Schmidt, LLP is Westchester’s preeminent law firm, with a more than 80-year legacy of providing superior legal counsel to the residents and businesses of Westchester County and Greenwhich, CT. To learn more about the firm’s services, visit https://www.bpslaw.com/, or contact its offices at (914) 949-2700. To learn more about John W. McGowan, his practice areas, and services offered, email him at jmcgowan@bpslaw.com.

The Need for an Elder Lawyer While Caring for a Loved One

Bleakley Platt & Schmidt partner Frances M. Pantaleo, Esq. and her team of elder law specialists understand that caring for an aging family member is a responsibility that tests the endurance of even the most devoted relatives. Fortunate families might find their loved one a room and specialized care at a retirement home or memory unit, but such a move brings its own stressors, like Medicare/Medicaid requirements and policies, on top of the inherent emotional strain. Few are prepared to navigate the intricacies of the system. Fortunately, Ms. Pantaleo leads the firm’s Elder Law and Special Needs Practice Group, dedicated to addressing the needs of the elderly, the differently abled, and their families.

A member of the National Academy of Elder Law Attorneys (NAELA) and Co-Chair of the New York State Bar Association’s Committee on the Elderly and Disabled, Frances Pantaleo, Esq. was recently named Best Lawyers’ 2020 Lawyer of the Year in White Plains for the field of Elder Law. Additionally, the Thomson Reuters publication Super Lawyers Magazine has recognized her as one of the Top 25: 2019 Westchester County Super Lawyers, and the publication has also named her as one of the top 50 Women Lawyers in the Metro Area. She has also been honored with an award from the New York State Bar Association Elder Law & Special Needs Section for her work “in furtherance of the rights of the elderly and persons with disabilities.” An educator, as well as an attorney, Ms. Pantaleo has taught law at the Benjamin N. Cardozo School of Law in New York City and Pace Law School in White Plains.

Under Frances Pantaleo’s leadership, the Elder Law and Special Needs Practice Group works closely with clients’ family advisors, including family offices, financial advisors, CPAs, social workers, and healthcare professionals, providing counsel in the areas of health care, long-term care planning, estate planning (including preparation of wills, trusts, and advance directives), asset preservation and protection, Medicaid applications, and guardianship.

If you or a loved on are in need of elder law services, don’t wait to find out how Bleakley Platt & Schmidt can help. Contact Frances Pantaleo, Esq. to begin fighting for the care you need and the security your family deserves.

Frances Pantaleo, Esq. of Bleakley Platt & Schmidt, Named 2020 Lawyer of the Year

White Plains, NY – Bleakley Platt & Schmidt, LLP, Westchester County’s preeminent law firm, is pleased to announce that partner Frances Pantaleo, Esq. received several accolades in 2019, for her work in her practice area of elder law. She has been named as White Plains’ 2020 Lawyer of the Year in her field by Best Lawyers, regarded nationally as the most credible measure of legal integrity for more than three decades, and will be listed in the 26th Edition of The Best Lawyers in America.

Additionally, the Thomson Reuters publication Super Lawyers Magazine has once again recognized Ms. Pantaleo as one of the top 50 Women Lawyers in the Metro Area and once again as one of the Top 25: 2019 Westchester County Super Lawyers.
As partner, Pantaleo draws on her expertise in elder law, special needs planning, and guardianship proceedings to further the firm’s 80-year legacy of providing superior legal counsel to Westchester residents and businesses. A member of the National Academy of Elder Law Attorneys (NAELA), she heads the firm’s Elder Law and Special Needs Practice Group, a team dedicated to helping elderly individuals and their families handle the legalities of long-term care, estate planning (including preparation of wills, trusts and advance directives), asset preservation, Medicaid applications, guardianship, and other concerns that come with aging and disability.

Ms. Pantaleo is a graduate of New York University School of Law, and has taught elder law at the Benjamin N. Cardozo School of Law in New York City and Pace Law School.

Pantaleo has served as Chair of the New York State Bar Association’s Elder Law and Special Needs Section and is currently Co-Chair of the Committee on the Elderly and Disabled of its Trusts and Estates Section.

This breadth of knowledge and passion for her practice areas has earned Pantaleo numerous honors. Earlier this year, Pantaleo was presented with an award from the New York State Bar Association’s Elder Law & Special Needs Section for her work “in furtherance of the rights of the elderly and persons with disabilities.”

Join Us – NYS Employment Law Updates

Human Resources Network at Dutchess Community College

Join us for a review of the changes to New York State Employment law over the last year. See topics covered below.

• GENDA – the Gender Expression Non-Discrimination Act
• Discrimination based on Reproductive Health Decision
• Equal Pay / Salary History Ban
• Workplace Harassment Protections
• New York State Paid Family Leave Act

When: Thursday, December 12, 2019
Time: 9 am – 10:30 am
Where: The Council of Industry Office, Newburgh, NY
Free for Council of Industry Members
To register, click here to send an email to Alison Butler

Partner Jim Glatthaar to Speak at a Continuing Legal Education Seminar on Landlord-Tenant Law In New York: A New Paradigm – September 12, 2019

Bleakley Platt partner Jim Glatthaar will speak at a Continuing Legal Education Seminar sponsored by Judicial Title on Landlord-Tenant Law In New York:  A New Paradigm on Thursday, September 12, 2019 at CV Rich Mansion, 305 Ridgeway, White Plains, NY.  This seminar begins promptly at 6:00 and qualifies for 1 Professional Practice Credit and 1 Ethics Credit.

Mr. Glatthaar’s presentation will address the far-ranging legislation adopted in June 2019 which changed many long-standing rules of landlord-tenant law, including changes to rent increases in rent regulated apartments, new eviction notices, new time frames for eviction proceedings and post judgment relief available to tenants.

The program will also discuss ethical considerations in landlord tenant matters, including lease negotiation and litigation.

A member of the Litigation, Co-Operative and Condominium, Construction and Real Estate Practice Groups at Bleakley Platt, Mr. Glatthaar concentrates his practice in the areas of zoning and land use law and litigation, cooperative and condominium law, construction law and real estate litigation. He has represented landlords, tenants, developers, non-profit institutions, sellers, purchasers, realtors, cooperatives and condominiums in building, zoning, housing and disability-based discrimination claims, landlord-tenant and construction defect claims both in courts and before state and federal administrative agencies. He has also represented property owners and purchasers in complex real estate and financing transactions.

Learn more about Jim Glatthaar.

Partner Joe DeGiuseppe Speaking at 91st Annual NYSAC Fall Conference

Bleakley Platt partner Joe DeGiuseppe, chair of the firm’s Employment and Immigration Law practices, will speak on Monday, September 16^th at the 91^st Annual Fall Conference of the NYS Cemetery Association on the topic of “Recent Developments in NYS Paid Family Leave Laws.”  Mr. DeGiuseppe’s presentation will provide an overview of various leave issues under this NYS law and its interaction with similar federal, state and local employee leave laws, including FMLA, the NYS Human Rights Law and the NYC and Westchester County Earned Sick Leave Laws.

Mr. DeGiuseppe advises clients on all aspects of labor and employment law, including employment terminations and discipline, reductions-in-force, personnel policies and practices, employee benefit cases and collective bargaining negotiations. He has acted as lead counsel on significant employment discrimination law cases, wage and hour cases and collective actions, non-competition cases and arbitration proceedings.  He also advises corporations, business executives, professional employees and individual clients with respect to immigrant visa (green cards) applications, U.S. citizenship applications, nonimmigrant work visa petitions, and employment verification and discrimination issues.

More information on the 91^st Annual NYSAC Fall Conference can be found at the following link:  http://nysac.com/upcoming-events/

Courts Can Now Use Google Maps: N.Y. Law Amended to Allow Courts to Take Judicial Notice of Information from Web-mapping Services

I often use Google Maps, the Westchester County Geographic Information Systems, and other web-based mapping services in my cases to find visual information about specific locations around the world that are relevant. Using those maps during depositions is easy. But getting those maps admitted into evidence at a trial or hearing would require an evidentiary certification from the custodian of the image that could be difficult and time consuming. Not anymore.

The New York State Legislature recently amended § 4511 of the Civil Law and Practice Rules (“C.P.L.R.”) to require courts to take “judicial notice” of digital mapping images and related information. Courts can take judicial notice of a fact when it is a well-known or indisputable, proven fact.

The new § 4511(c) reads:

“Every court shall take judicial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool, when requested by a party to the action, subject to a rebuttable presumption that such image, map, location, distance, calculation, or other information fairly and accurately depicts the evidence presented. The presumption established by this subdivision shall be rebutted by credible and reliable evidence that the image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool does not fairly and accurately portray that which it is being offered to prove. A party intending to offer such image or information at a trial or hearing shall, at least thirty days before the trial or hearing, give notice of such intent, providing a copy or specifying the internet address at which such image or information may be inspected. No later than ten days before the trial or hearing, a party upon whom such notice is served may object to the request for judicial notice of such image or information, stating the grounds for the objection. Unless objection is made pursuant to this subdivision, or is made at trial based upon evidence which could not have been discovered by the exercise of due diligence prior to the time for objection otherwise required by this subdivision, the court shall take judicial notice of such image or information.”

So, § 4511(c) creates a rebuttable presumption. Any party can ask a court to take judicial notice of the web mapping service images or information. No evidentiary showing is required, but requesting parties must notify their adversaries at least thirty (30) days before a trial or hearing. The adversary must then object no later than ten days before the trial or hearing, stating the grounds for the objection, which must include “credible and reliable evidence” that the image or information “does not fairly and accurately portray that which it is being offered to prove.” If the adversary fails to make a timely objection (unless new facts are learned after the objection deadline), the court must take judicial notice of the image or information.

This is a very practical amendment to the C.P.L.R. that will promote efficiency by saving time. We all rely on these web mapping services in our everyday lives. There is no reason that the courts should be any different.

At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges and worked as an intellectual property litigator at a large law firm in New York City.

Visit Mr. Rodriguez’s Facebook page “Trademark Tales,” Twitter feed, Instagram feed and LinkedIn for more thoughts on the law.

To read Mr. Rodriguez’s complete biography, click here.

Supreme Court Strengthens Rights of Trademark Licensees: Holds that bankruptcy debtors cannot terminate trademark license agreements under section 365 of the U.S. Bankruptcy Code

In the United States, the Bankruptcy Code allows individuals and entities (“debtor”) who cannot repay their debts to seek relief from some or all of those debts.

One of the peculiar aspects of the Bankruptcy Code is that 11 U.S.C. § 365(a) enables a debtor to reject “executory contracts,” which are contracts that neither party has finished performing. Examples of executory contracts are a real estate lease and an intellectual property licensing agreement.

The question before the Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC., was whether the “rejection” of a trademark licensing agreement under § 365(a) also terminated the rights of the licensee to use the trademark.

The Court agreed to hear the case to resolve a split among the circuit courts. The Court of Appeals for the First Circuit held in In re Tempnology, LLC, 879 F. 3d 389 (2018) that a debtor’s rejection of trademark licensing agreement terminated the licensing agreement. The Seventh Circuit, however, had ruled the other way in Sunbeam Products, Inc. v. Chicago Am. Mfg., LLC, 686 F. 3d 372 (7th Cir. 2012).

The Supreme Court agreed with the Seventh Circuit, holding that a debtor’s rejection of trademark license under Section 365 of the Bankruptcy Code has the same effect as a breach of that license agreement outside bankruptcy. Rejection does not rescind rights that the contract previously granted.

“A rejection breaches a contract but does not rescind it. And that means all the rights that would ordinarily survive a contract breach, including those conveyed here, remain in place.” The debtor “can stop performing its remaining obligations under the agreement. But the debtor cannot rescind the license already conveyed. So the licensee can continue to do whatever the license authorizes.”

The Court’s holding is a victory for trademark licensees. It strengthens the rights of licensees by making clear that rejection of a trademark license during bankruptcy does not rescind the license. It will also give trademark licensees greater power and leverage during the bankruptcy reorganization process.

At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges and worked as an intellectual property litigator at a large law firm in New York City.

Visit Mr. Rodriguez’s Facebook page “Trademark Tales,” Twitter feed, Instagram feed and LinkedIn for more thoughts on the law.

To read Mr. Rodriguez’s complete biography, click here.

Brendan H. Buschman Presents a CLE Seminar on Supplemental Needs Trusts

Brendan H. Buschman, a member of the firm’s Elder Law and Special Needs Practice Group, will give a CLE seminar on Supplemental Needs Trusts for the Mamaroneck Harrison Larchmont Bar Association in conjunction with Benchmark Title on Friday, June 7, 2019 at Emilio’s Ristorante, Harrison, NY.

The presentation will review such topics as Self-Settled Supplemental Needs Trusts, Third Party and Trigger Supplemental Needs Trusts in Wills and/as Testamentary Substitutes, and ABLE Accounts.

Mr. Buschman has experience in elder law, special needs planning and guardianship proceedings under Article 81 of the Mental Health Hygiene Law and Article 17A of the Surrogate’s Court Procedure Act, drafting and administration of special needs trusts, estate planning, drafting of wills and trusts, and estate administration.

To read Mr. Buschman’s complete biography, click here.

Bleakley Platt attorneys, William P. Harrington and John W. McGowan, to sue New York State Parole Board over release of Judith Clark

On Monday, May 13^th, Bleakley Platt attorneys William P. Harrington and John W. McGowan, in conjunction with co-counsel Mark Blanchard and Dennis Lynch of Blanchard and Wilson, commenced an action in New York State Supreme Court on behalf of clients Arthur G. Keenen Jr. and Michael Paige against the New York State Parole Board (the “Board”) and Commissioners Tana Agostini, Ellen Alexander, and William Smith Jr. based on the Board’s decision to grant parole to and release murderer, Judith Clark, who was convicted for her role in the infamous 1981 Brinks robbery which claimed the lives of three innocent men: Sgt. Edward O’Grady (Nyack Police Department); Officer Waverly “Chipper” Brown (Nyack Police Department); and Brinks Security Officer Peter Paige. Arthur Keenen is a retired Nyack Police Officer who was injured during the Brinks robbery and Michael Paige is the son of the late Peter Paige, slain during the robbery.

Through this action, our clients/plaintiffs contend that the Board acted improperly and failed to follow the statutory and regulatory guidelines in making its decision to grant parole to the convicted murderer Judith Clark. Ultimately, our clients seek a reversal of the Board’s decision and that Judith Clark be remanded back to state prison to serve the remainder of her sentence.

This matter garnered media coverage from many local outlets, including News12, the Journal News, Fios1 News, the New York Post, and 1010 WINS among others.

A link to an article covering the press conference and announcement of the suit: https://www.lohud.com/story/news/local/rockland/2019/05/13/brinks-victims-seek-new-parole-hearing-freed-judith-clark/1186735001/

Partner Jim Glatthaar & Counsel Adam Rodriguez Quoted by The Verge on Facebook Housing Discrimination Case

Bleakley Platt Partner Jim Glatthaar and Counsel Adam Rodriguez were key sources for a recent article in The Verge that examines the U.S. Department of Housing and Urban Development’s claim that Facebook violated the Fair Housing Act by letting ad buyers use Facebook algorithms to target audiences that included or excluded certain races, religions, or genders.

According to Mr. Glatthaar, the case is unusual for a variety of reasons.  “Something like this is a national practice, whereas most housing discrimination is fairly local,” he says. “The federal government is one of the few entities that can handle something of this scope.”

According to Mr. Rodriguez, HUD doesn’t have to establish that these targeting algorithms are purposefully designed to avoid showing ads to certain protected classes. It just has to demonstrate that the system effectively makes housing less accessible to these people — a concept known as disparate impact. “If there is an algorithm that just happens to discriminate against racial minorities or gender minorities or whatever, I think it would still be problematic,” says Rodriguez.  He compares the move to a zoning restriction whose text and intent is race-neutral but that directly results in fewer black residents, which would likely still be considered discriminatory.

To read the entire article, click here.

Mr. Glatthaar is a member of the Litigation, Co-Operative and Condominium, Construction and Real Estate Practice Groups at Bleakley Platt. He has represented landlords, tenants, developers, non-profit institutions, sellers, purchasers, realtors, cooperatives and condominiums in building, zoning, housing and disability-based discrimination claims, landlord-tenant and construction defect claims both in courts and before state and federal administrative agencies. He has also represented property owners and purchasers in complex real estate and financing transactions.

Click here to view his complete attorney profile.

At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million.  Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history.  He has also served as a law clerk to two federal judges, and worked as an intellectual property litigator at a large law firm in New York City.

To read Mr. Rodriguez’s attorney profile, click here.

Attorneys for child abuse victim call for Court appointed Special Master to ensure records are protected

Attorneys for child abuse victim call for Court appointed Special Master to ensure records are protected.

New York’s new landmark child abuse act creates a long waiting period before victims can file.

This waiting period must not become an opportunity for new abuse.

Only a Court appointed neutral Special Master can protect the new rights granted to those who have waited decades for their day in Court.

Today, on behalf of our client, and at least one thousand young boys of first- and second-generation American families victimized and abused by Dr. Reginald Archibald of Rockefeller University Hospital, we have filed an action asking the Court to appoint a Special Master to ensure that the newly granted litigation rights of childhood sexual abuse victims are protected.

This neutral Special Master must direct that all records, photos, X-Rays, mail correspondence, and email, if any exists, be preserved. Further, the Special Master must also direct that the Hospital, its officers and employees, and its law firm cease contacting former patients of Dr. Archibald, and that any notes, transcriptions, letters, questionnaires or other materials gathered on behalf of the Hospital be preserved and made available to any patient who is preparing possible litigation under the new statute. In the case of the Victim we represent, these same orders should apply to Madison Square Boys Club, and any other organizations that may have been involved in the actions of Dr. Archibald.

John Corcoran, a retired NYPD Special Assignment Sergeant, was swept into Archibald’s abuse after a swim at Madison Boys Club. With a fake diagnosis, the prestige of Rockefeller University Hospital and the assistance of Madison Boys Club and others, the pre-adolescent Corcoran was exposed to Archibald’s sexual abuse, which Rockefeller University has admitted was “reprehensible.”

“The legislature may have had a very good reason for to delay the implementation of this law by 6 months after passage, but that time period must not become an opportunity to re-victimize our client,” said Barbara Hart of Lowey Dannenberg.

“We have seen how our client was contacted by the Hospital’s law firm and interviewed without informing him of the possibility that he could sue under the new law or that they were acting on behalf of the Hospital,” added William Harrington, of Bleakley Platt.

The new law grants victims, who were barred from pursuing their abusers by the statute of limitations, an opportunity to file legal cases for a period of one year. That year commences in August 2019, but no provision was made to preserve and protect possible evidence on the 6-month period before the law takes effect.

Today’s action seeks to remedy that for Mr. Corcoran and all other victims that may seek relief.

Rodriguez Article Five Trademark Issues Every Business Owner Needs To Know Published by Council of Industry

A recent edition of the Council of Industry’s Newsletter contains an article written by Bleakley Platt Counsel Adam Rodriguez.  The article, entitled Five Trademark Issues Every Business Owner Needs To Know, addresses five things all business owners should know about their brands and intellectual property.

Some of the key topics in the article include:

1. What is a Trademark?
2. Trademark protection is not linked to your business name.
3. Trademark registrations never expire.
4. Trademarks are affordable.
5. Ignoring Trademarks can be expensive.

At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million.  Prior to his appointment as Director of Real Estate, Mr. Rodriguez represented the County of Westchester in federal and state litigation and appeals.  He has also served as a law clerk to two federal judges, and worked as an intellectual property litigator at a large law firm in New York City.

To read Mr. Rodriguez’s complete biography, click here.

Rodriguez Appointed by Chief Judge of S.D.N.Y. to U.S. Magistrate Judge Merit Selection Panel

On April 1, 2019, Mr. Rodriguez was appointed by Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York as a member of the U.S. Magistrate Judges Merit Selection Panel.

The appointment of a U.S. Magistrate Judge is an important process.  The Merit Selection Panel is tasked with reviewing the selection, appointment, and reappointment of United States Magistrate Judges, in accordance with the Federal Magistrate Act of 1979.

In the case of the appointment of a new magistrate judge, the function of the Panel is to identify five members of the bar who are best qualified for appointment as magistrate judge. For a reappointment, the Panel appraises the performance of the incumbent magistrate judge and recommends to the court whether the judge should be reappointed to a new term.

Regulations require that scholarship, academic and professional achievement, civic engagement, legal experience, knowledge of the law and the federal courts, and the personal attributes of the candidates will be considered.

At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million.  Prior to his appointment as Director of Real Estate, Mr. Rodriguez represented the County of Westchester in federal and state litigation and appeals.  He has also served as a law clerk to two federal judges, and worked as an intellectual property litigator at a large law firm in New York City.

To read Mr. Rodriguez’s complete biography, click here.

William P. Harrington to Serve as Chairman of Two Merged Organizations: Westchester County Association and Hudson Valley Economic Development Corporation

Bleakley Platt Chairman William P. Harrington, who currently serves as chairman of the Westchester County Association, will become chairman of a new regional organization created by the merger of the Westchester County Association and the Hudson Valley Economic Development Corporation.

News of the merger was reported on Westfair Online in an article titled “Going regional: Westchester County Association and HVEDC plan merger.”

A strategic partnership had been announced by the two organizations in October, which then led to discussions about a merger. Details of the merger are still in process, as is the name of the organization.

The combined organizations will have more power to advocate on behalf of businesses and build a stronger business climate throughout the region.

To read Mr. Harrington’s complete biography, click here.

Partner Jonathan A. Murphy Speaking on Interaction with the DEC for The Council of Industry – The Manufacturer’s Association of the Hudson Valley

Bleakley Platt partner Jonathan A. Murphy, co-chair of the firm’s Environmental practice and chair of its Construction practice, will speak on February 15 to the Environmental, Health and Safety (EHS) Network of The Council of Industry on topics of interest when dealing with the Department of Environmental Conservation (DEC).

Mr. Murphy’s program will provide an overview of New York administrative law principles, and will discuss DEC enforcement practices. His presentation will include:

• DEC Notices of Violation – The Process and What to Expect
• DEC Enforcement Process: Stipulations, Orders on Consent and Enforcement Hearings
• Peculiarities and Pitfalls in DEC Enforcement Policies and Expectations

Mr. Murphy handles environmental matters for both corporate and insurance clients, in litigated claims as well as direct administrative agency proceedings with federal, state, county and local environmental agencies. He counsels clients on environmental risks, enforcement implications and regulatory requirements in a variety of business and transactional settings. His substantive areas of practice include CERCLA/RCRA, TSCA, CWA, New York’s Navigation Law, and other environmental and regulatory enforcement exposures presented by federal, state and local environmental regulations.

Read Mr. Murphy’s complete biography here.

Learn more about The Council of Industry here.

Partner Jonathan A. Murphy Presents Continuing Education Program on Contractual and Environmental Issues for Engineers

Bleakley Platt partner Jonathan A. Murphy, co-chair of the firm’s Environmental practice and chair of its Construction practice, will present to engineers during a full day program titled “Engineering Law and Ethics,” a continuing education class for professional engineers.

Mr. Murphy will present on two topics, basic contract law for engineers and issues faced by engineers in the environmental arena.

The environmental segment will examine relevant and recurring practice issues encountered by engineers working on environmental issues in New York. Areas of discussion include requirements for licensed engineers certifying submissions to DEC, water quality compliance and enforcement update, stormwater permitting update and emerging issues concerning the New York City watershed. He will also explore ethical issues faced when representing clients who are facing regulatory enforcement.

The contract law primer segment will cover basic contract law principles, statutes of limitation in New York applicable to engineers, as well as conduct, acts and omissions that can constitute a breach of contract.

Mr. Murphy is an experienced and skilled advisor to clients on environmental and construction matters. In the construction arena, Mr. Murphy represents construction clients (owners, general contractors, subcontractors and design professionals) – both as claimants and respondents – in litigation, at trial, and in arbitrations on controversies ranging from construction defect claims to delay damages, wrongful termination and payment disputes. He also drafts and negotiates contracts for clients involved in private and government projects and provides legal guidance throughout a project’s life.

Read his complete biography here.

Partner Peter Bassano Represents Dominican Sisters of Hope on Creation of Mariandale Preservation Easement in Ossining

Bleakley Platt Partner Peter Bassano guided a recently-completed preservation effort for the Dominican Sisters of Hope that safeguards from development 34 acres of the Sisters’ 61-acre Mariandale property in Ossining, N.Y., through a conservation easement donated to the Westchester Land Trust.

The easement covers the undeveloped part of Mariandale and excludes the campus with the Sisters’ offices, chapel and the Mariandale Retreat and Conference Center, for which a renovation and redesign of buildings is planned. The Sisters will continue to own and manage the property.

“The goal of this easement is to protect this land in perpetuity, which is very important to the Sisters’ earthly mission,” said Mr. Bassano. “It took approximately three years for the Sisters’ vision of preservation to reach fruition,” Mr. Bassano noted.

“This land has been an oasis in the midst of development in Westchester County,” said Sister Lorelle Elcock, O.P., Prioress of the Dominican Sisters of Hope. “We have a responsibility to be in right relationship with Earth, not over it or owning it, but caring for it. We are protecting this land so that it will be a source of healing and refuge for both humans and wildlife.”

“We’re very appreciative of Peter’s work with us. He was very patient and really understood our values and what we were trying to achieve,” said Sister Lorelle, adding, “He’s worked with us on several things over the years. We’ve been very pleased with him.”

The protected property is adjacent to the Village of Ossining’s 30-acre Crawbuckie Nature Preserve. In addition to protecting significant ecological resources, the conservation easement means nearly one mile of Hudson River shoreline is now protected in perpetuity—honoring a priority in the 2016 New York State Open Space Conservation Plan.

“The conserved land consists of a variety of habitat types, including woodlands, meadow, wetlands, and a steep ravine through which flows a stream on its way to emptying into the Hudson River,” a press release on the easement said.

Lori Ensinger, president of the Land Trust, said in the release, “The preservation of this beautiful land holds special meaning for Westchester Land Trust. We have always known that this property is sacred to the Sisters, and we worked to ensure that they felt comfortable with their decision to preserve the property after they are gone. Every action they have taken demonstrates their clear stewardship ethic and a deep reverence for the land. This project has been one of the most inspirational we have ever been involved with.”

Peter Bassano is the Firm’s Managing Partner, a member of the firm’s Executive Committee and the head of the Real Estate and Commercial Finance Practice Groups. Mr. Bassano has more than 30 years’ experience in all aspects of commercial real estate.

Mr. Bassano’s Profile Page

More About The Dominican Sisters Of Hope

About Westchester Land Trust

Frances M. Pantaleo Addresses the NYS Bar Association Trusts and Estates Law Section

Partner Frances M. Pantaleo presented at the 2018 Fall Meeting of the Trusts and Estates Law Section of the New York State Bar Association on October 19. The two-day program focused on real property issues that frequently arise in elder law and estate planning practices.

Ms. Pantaleo’s presentation emphasized that a primary residence, however modest, is often a client’s most valuable asset and one that the client is generally motivated to protect and preserve for his or her heirs. She addressed income tax, capital gains tax, estate tax and Medicaid consequences of real property ownership and transfers, including transfers to irrevocable and revocable trusts, life estate deeds and outright transfers.

Ms. Pantaleo leads the Elder Law and Special Needs Practice Group at Bleakley Platt. She is a former Chair of the Elder Law and Special Needs Section of the New York State Bar Association and a member of the Trusts and Estates Section. Ms. Pantaleo is a member of the National Academy of Elder Law Attorneys (NAELA).

Ms. Pantaleo serves on the Board of Directors of Legal Services of the Hudson Valley and is a frequent presenter on Elder Law and Special Needs topics for consumers at the request of community and service organizations including AARP, UJA-Federation, Pace Women’s Justice Center, Alzheimer’s Association, Westchester Arc, Public/Private Partnership for Aging Services and Westchester County Department of Senior Programs and Services.

Read her complete biography here.

Partner Jim Glatthaar Speaking Again to Council of NYC Cooperatives & Condominium’s 38th Annual Housing Conference & Expo – November 11th

Bleakley Platt partner Jim Glatthaar has been asked to return to the Annual Housing Conference & Expo presented by the Council of New York City Cooperatives & Condominiums. Now in it’s 38^th year, the conference is designed to offer help to coop and condo owners and board members, multi-family management companies and real estate agents improve their knowledge and skills in address legal, financial and HR issues, managing buildings and planning for the present and the future.

Mr. Glatthaar’s presentation, “When Dissidents Are Elected To The Board,” addresses what happens when board members who have their own agendas are elected to a board of directors, how boards can work productively with “rogue” board members, and how to effectively minimize the chances of a dissident being elected in the first place.

A member of the Litigation, Co-Operative and Condominium, Construction and Real Estate Practice Groups at Bleakley Platt, Mr. Glatthaar concentrates his practice in the areas of zoning and land use law and litigation, cooperative and condominium law, construction law and real estate litigation. He has represented landlords, tenants, developers, non-profit institutions, sellers, purchasers, realtors, cooperatives and condominiums in building, zoning, housing and disability-based discrimination claims, landlord-tenant and construction defect claims both in courts and before state and federal administrative agencies. He has also represented property owners and purchasers in complex real estate and financing transactions.

 Learn more about the Council of NYC Cooperatives & Condominium and the conference.

Learn more about Jim Glatthaar.

Bleakley Platt Attorneys Named To New York Metro Super Lawyers 2018 and New York Metro Rising Stars 2018 Lists

Ten Bleakley Platt attorneys have been selected to the New York Metro Super Lawyers list as top New York Metro area lawyers for 2018, and one Counsel and three associates were named New York Metro Rising Stars.

Each year, no more than five percent of the lawyers in the New York metro area are selected by the research team at Super Lawyers to receive this honor.

The attorneys receiving this honor are:

Joseph DeGiuseppe, Jr.

John P. Hannigan

William P. Harrington

Mary Ellen Manley

Robert D. Meade

Frances M. Pantaleo

Matthew G. Parisi

Raymond M. Planell

Nancy J. Rudolph

Mary Anne Wirth

Bleakley Platt Counsel Adam Rodriguez and associates Elizabeth C. Briand, Daniel P. Buckley and Justin M. Gardner were named to the 2018 New York Metro “Rising Star” List by Super Lawyers, an honor received by no more than 2.5 percent of lawyers in the state.

Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

THREE BLEAKLEY PLATT PARTNERS RECOGNIZED BY THE BEST LAWYERS IN AMERICA© 2019

Bleakley Platt is pleased to announce that three partners at the firm have been selected by their peers for inclusion in The Best Lawyers in America 2019:

• Joseph DeGiuseppe in the field of Labor and Employment Law
• Frances Pantaleo for Elder Law, for the fifth consecutive year
• Nancy Rudolph in the practice area of Trusts and Estates (Litigation)

Joseph DeGiuseppe leads the Labor and Employment and Immigration Practice Groups. He has over 35 years experience in representing and advising Fortune 500 companies and other corporate clients in labor, employment and immigration law, including 14 years of experience at Skadden and more than six years of experience at Jackson Lewis.

Mr. DeGiuseppe advises clients on all aspects of labor and employment law, including employment terminations and discipline, reductions-in-force, personnel policies and practices, employee benefit cases and collective bargaining negotiations. He has acted as lead counsel on significant employment discrimination law cases, wage and hour cases and collective actions, non-competition cases and arbitration proceedings.

He is rated an AV® Preeminent (5.0 out of 5) from Martindale-Hubbell and has been included in New York Metro Super Lawyers lists since 2013.

Frances M. Pantaleo is the head of the Elder Law Practice Group.  She handles a broad range of matters with a particular emphasis on elder law, special needs planning, guardianship proceedings under Article 81 of the Mental Hygiene Law and Article 17A of the Surrogate’s Court Procedure Act, drafting and administration of special needs trusts, estate planning, drafting of wills and trusts, and estate administration.

Ms. Pantaleo is the former Chair of the Elder Law and Special Needs Section of the New York State Bar Association and a member of the Trusts and Estates Section.  She is a member of the National Academy of Elder Law Attorneys (NAELA) and is a member and has served as past-chair of the Elder Law Committees of the Westchester Women’s Bar Association and the Westchester County Bar Association.  She is co-author of a chapter on elder law in General Practice in New York, published by the West Publishing Company.

She is rated an AV® Preeminent (5.0 out of 5) from Martindale-Hubbell and has been included in New York Metro Super Lawyers lists since 2010.

Nancy J. Rudolph is a member of our Trusts and Estates and Real Estate Practice Groups. She has served in the public sector as an Assistant Attorney General in the New York State Office of the Special Prosecutor, handling white collar civil litigation related to Medicaid Fraud.

Ms. Rudolph concentrates her practice in the area of trusts and estates, estate administration, estate tax, and guardianship in the Surrogate’s Court, the Supreme Court, and before the United States Tax Court. Ms. Rudolph represents beneficiaries and fiduciaries, both individual and corporate, in judicial proceedings involving probate, administration, lost wills, construction, kinship, removal of fiduciaries, contested accountings, uncontested accountings, and in real estate transactions. Ms. Rudolph also represents individuals and corporate fiduciaries as trustees of supplemental or special needs trusts.

Ms. Rudolph has been included in the New York Metro Super Lawyers lists since 2013.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. 83,000 industry leading attorneys are eligible to vote (from around the world) and has received over 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2019 Edition of The Best Lawyers in America^©, 7.8 million votes were analyzed, which resulted in more than 60,000 leading lawyers being included in the new edition. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”