• March 2014 Legal Brief – Firm Newsletter

    March 2014 Legal Brief – Firm Newsletter

    cmandm

    Sunday, March 30th, 2014

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  • Mandela – Master Negotiator

    Nelson Mandela was the “greatest negotiator of the twentieth century,” wrote Harvard Law School Professor and Program on Negotiation Chair Robert H. Mnookin in his book,Bargaining with the Devil, When to Negotiate, When to Fight. In Lessons from a Master Negotiator: Nelson Mandela, published in Harvard Law School’s Negotiation Briefings, dealmakers worldwide can learn from the South African anti-apartheid revolutionary, politician, philanthropist and “master negotiator” and his legacy in South African history. The article suggests that by listening, observing, and caring enough to learn about the grievances and worries of those we interact with, we can best respond to their core, ...

    cmandm

    Thursday, March 27th, 2014

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  • Can You Revoke An Irrevocable Trust?

    The simple, knee-jerk answer to that question should be no, as that’s the point of an irrevocable trust. But, believe it or not, if you said that, you’d be wrong. There are actually several different ways to revoke an irrevocable trust. It’s not a simple procedure, but there are certain times that it makes sense to get rid of it and start over.One such time would be when a trust was set up 10 or 15 years before. Given the changes in the income and estate tax laws, the trust may be more trouble and expense than it’s worth. Worse, ...

    cmandm

    Thursday, March 27th, 2014

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  • Women in the Law: Historic Firsts in New York State and Suffolk County

    Suffolk County Historical Society (SCHS), through the cooperation of the Suffolk County Court Administrative Judge Randall Hinrichs, is pleased to announce that SCHS will be celebrating women from New York State who have left an indelible mark on the court system. A Photography Portrait Exhibition will be displayed at Touro Law Center in honor of Women’s History Month. This exhibition was created by the Suffolk County Judicial Women in the Courts and the Suffolk County Historical Society. An opening reception will be held at Touro Law Center Monday, March 10, 2014, 5:30-7:30 PM 225 Eastview Dr., Central Islip, NY Honorees represented with images and biographies include: · Hon. ...

    cmandm

    Monday, March 10th, 2014

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  • Subtenant’s Liability for Holding Over After Termination of Its Sublease

    Who is responsible for the damages that result when a commercial sub-tenant holds over past the expiration of its term causing the tenant to incur damages under its lease? In what appears to be a case of first impression in the Second Department, in PHH Mtge. Corp. v. Ferro, Kuba, Mangano, Sklyar, Gacovino Lake, P.C.1 the Appellate Division has confirmed that, with appropriate lease clauses, the sub-tenant is liable for the damages incurred by the tenant resulting from the sub-tenant’s failure timely to vacate the premises it occupied. The facts in PHH are simple enough: Owner/Landlord leased certain premises to Tenant. Tenant ...

    cmandm

    Sunday, March 09th, 2014

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  • March 2014: Crossfit Liability: Protecting your Business

    By Scott Middleton, Esq. In addition to being an attorney here on Long Island, I’m an avid CrossFit Athlete and have been participating in CrossFit for over 18 months now. The benefits from this type of fitness regime have had a tremendous impact on me: overall better fitness and nutrition, coupled with a sense of camaraderie among fellow CrossFitters and especially in one’s own gym. It has helped me both personally and professionally. With the rising popularity of CrossFit here on Long Island and across the country it’s important to understand the risks to gyms and fitness centers that host these high ...

    cmandm

    Sunday, March 09th, 2014

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  • NYC Earned Sick Time Act Goes into Effect April 1, 2014

    Effective April 1, 2014, private sector New York City employers with five or more employees must provide paid sick time to all employees who work at least 80 hours in a calendar year.1 Accrual and Use Mayor Bill de Blasio signed the City Council’s expanded sick leave bill earlier this year. The New York City Earned Sick Time Act (the “Act”) provides that these private sector employees will now earn up to 40 hours of paid sick time per year, accruing at a rate of one hour for every 30 hours worked. The Act covers both full-time and parttime workers. Employees may use ...

    cmandm

    Sunday, March 09th, 2014

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  • February 2014 Legal Brief – Firm Newsletter

    February 2014 Legal Brief – Firm Newsletter

    cmandm

    Friday, February 28th, 2014

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  • “Dumb Starbucks” – Is this Coffee Shop an Art Gallery?

    A new coffee shop mocking Starbucks opened in Los Angeles in early February and quickly gained nationwide attention. The store looks identical to the typical Starbucks, but with the exception of the word “dumb” prefixed to the title and menu items. Dumb Starbucks is not affiliated with Starbucks Corporation, and the company claims that their use of Starbucks’ trademark and logos is “fair use” because it is “making fun” of Starbucks. The store’s FAQ sheet states the following: Is this a Starbucks? No. Dumb Starbucks is not affiliated in any way with Starbucks Corporation. We are simply using their name and logo for marketing ...

    cmandm

    Thursday, February 27th, 2014

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  • Protecting Your Retirement Accounts

    When discussing estate plans with my clients, I always make sure we discuss their retirement accounts (such as IRAs, 401ks, etc.). These are normally owned by only one person and have a beneficiary. Therefore they are not typically in a trust nor do they pass under a Will. What I have been finding is that often times their retirement accounts have the greatest value of any property they own, including their house. Because these accounts defer payment of income tax, their balances can grow very quickly, and can easily become worth millions over the course of generations. With this in mind, ...

    cmandm

    Thursday, February 27th, 2014

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Fred Eisenbud