• Protecting Your Assets

    Over the course of my career, I’ve found that there are really two parts to being an estate planning attorney. The first part is to actually create and execute a plan for my clients. The plan usually consists of a Will or a trust, along with a Power of Attorney, Health Care Proxy and Living Will. This is to ensure that whatever is in your estate gets to pass to who you want, when you want and who gets to control this passing of assets. The second part is what’s commonly referred to as asset protection. This simply means making sure ...

    cmandm

    Friday, May 09th, 2014

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  • Testing New York’s Long-Arm Statute to Obtain Personal Jurisdiction Over Out-of-State Defendants

    One of the fundamental issues that must be analyzed before commencing a lawsuit is whether you can obtain personal jurisdiction over the individual or entity you intend to sue. When all of the parties reside or do business in the same state, or better yet the same county, personal jurisdiction becomes an afterthought. However, when the defendants reside and/or do business outside of New York, the question of whether you can obtain personal jurisdiction becomes critical. A recent decision in the Commercial Division, Suffolk County analyzed the key factors in determining whether personal jurisdiction exists and presents a cautionary tale for plaintiffs ...

    cmandm

    Friday, May 09th, 2014

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  • April 2014 Legal Brief – Firm Newsletter

    April 2014 Legal Brief – Firm Newsletter

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    Tuesday, April 29th, 2014

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  • Women in the Workforce: Lean In & Obama’s Executive Order

    Earlier this month Facebook Chief Operating Officer Sheryl Sandberg released a new edition of Lean In, her 2013 best-selling book for working women, refocusing itfor college graduates entering the workforce. A central theme of the book is negotiation—in particular, negotiating salaries. “It never even occurred to me to negotiate my first salary,” Sandberg writes in her book. “I waited for someone to tell me how much money I’d be earning so I could figure out where to live. I ended up supplementing my income by teaching aerobics classes on the weekend.” Studies show that most women simply do not bother negotiating their ...

    cmandm

    Sunday, April 27th, 2014

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  • Everyone Needs a Will, But No One Wants to Do It

    I think this is something that I’ve known even before I started practicing as an Estate Planning attorney. Matter of fact, it probably predates my practice by decades, if not centuries. What am I talking about? I’m talking about the tendency to hesitate (if not complete avoid) writing a Will. Both in my practice and my everyday life, I hear from people who recognize and admit that they should put a Will in place, but despite their best intentions, they simply don’t do it. Why is that? What keeps us from doing what we know we should do? In my experience, ...

    cmandm

    Sunday, April 27th, 2014

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  • Delaware’s Bid to Offer Confidential Arbitration Heard by Sitting Judges

    Delaware’s unique effort to offer private arbitration presided over by sitting judges to those who could afford it officially ended last month when the United States Supreme Court declined to hear arguments as to whether lower court rulings barring the program should be reversed. Delaware, which has long enjoyed a business-friendly reputation and whose Court of Chancery is well respected for its business expertise, established its controversial arbitration program in 2009. The program was limited to business disputes of at least one million dollars involving Delaware entities. Sitting judges on the Court of Chancery would preside over the disputes in exchange for ...

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    Sunday, April 27th, 2014

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  • The Legal Ramifications of Workplace Bullying

    By: Bernadette Starzee The much-publicized investigation into alleged bullying on the Miami Dolphins football team has brought workplace bullying into the national spotlight. More than a third of American workers say they’ve been bullied at work, according to a survey by the Workplace Bullying Institute, a national organization that defines workplace bullying as repeated, health-harming abusive conduct committed by bosses and/or co-workers. This may include verbal abuse, intimidation, humiliation and sabotage that prevents work from getting done. While bullying is not healthy for the victim or the workplace, it’s not necessarily unlawful. Though so-called “Healthy Workplace” bills have been introduced in 26 states since 2003, including New York, none ...

    cmandm

    Wednesday, April 16th, 2014

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  • Malafi Appointed to Pro Bono Scholars Task Force

    Christine Malafi, partner at Campolo, Middleton & McCormick, LLP, was appointed by Chief Administrative Judge Gail Prudenti, to the New York State Pro Bono Scholars Task Force. Gail Prudenti will be spearheading the task force, and Senior Associate Judge Victoria A. Graffeo will be heading the Advisory Committee. This program, created by Chief Judge Jonathan Lippman was put in place to confront the crisis in our country in delivering legal services to the poor and disadvantaged. The goal of the task force is to assist the State and all of its law schools in identifying pro bono placement programs and securing their availability to law school ...

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    Thursday, April 10th, 2014

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  • When is a Sales Commission “Earned”?

    Businesses involved in the sale of a particular product or service will, of course, employ salespeople to sell those products or services. In nearly all cases, sales representatives are paid some form of monetary commission based on their level of sales using some set of variables (i.e. percentage of each sale; percentage of each new contract; total number of sales, etc.). While determining how a commission is calculated may be simple, figuring out when the commission is “earned” for purposes of it being a payable wage can sometimes be difficult in the absence of a written agreement or policy. A recent decision ...

    cmandm

    Wednesday, April 09th, 2014

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  • New York Unemployment Law Update: Severance May Disqualify Individuals from Receiving Unemployment

    While employers are not obligated to issue severance payments (unless they have specifically agreed to do so in a written employment or other agreement), many do offer severance to terminated employees to shield themselves from potential litigation or as a courtesy for the employee’s years of service. But there have been recent changes to the New York unemployment insurance law that all New York employers should be aware of before offering a severance package to a departing employee. Most notably, the change in the law prevents employers from ignoring unemployment insurance notices as part of an agreement with a former employee ...

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    Wednesday, April 09th, 2014

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Fred Eisenbud