• Estate Planning: Does Your 18-Year-Old Need It?

    The quick answer to that question is “yes.” When your child turns 18 years of age, he is considered a legal adult. As such, he should have an estate plan. This includes a health proxy, power of attorney, and even a will or trust. While it is difficult for parents to think about this as being necessary, failure to take these measures can have unexpected or severe consequences. When your child reaches the age of maturity, HIPAA (Health Insurance Portability and Accountability Act) prevents even you, his parents, from obtaining confidential medical information. He needs to have communicated that he ...

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    Friday, April 19th, 2013

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  • Death of a Tenant

    Suppose you are a landlord and lease space, commercial or residential, to an individual tenant. Tenant timely pays rent for a while but, suddenly, rent payments stop. Upon investigating, you learn that the tenant has died. Does the death terminate the lease? Is a nonpayment proceeding available to obtain possession of the premises? While not a common occurrence, this simple fact pattern raises several issues regarding when, and against whom, a nonpayment proceeding may be brought. Initially, while perhaps not well known, but certainly well settled, the death of a tenant does not terminate an unexpired lease or the tenant’s leasehold estate. ...

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    Wednesday, April 10th, 2013

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  • Noncompete Clauses Gain Focus in Digital World

    by Gregory Zeller When RBR Melville Contractors’ sales manager left the snow-removal company last year to form his own plow-for-hire business, he took a lot with him. Not just experience and knowledge, alleges RBR President Robert Wesolowski, but several longtime RBR customers – plus the only hard copy of a noncompete agreement that would have prevented such a coup. That’s the crux of an ongoing lawsuit pitting RBR against Patrick Feehan, founder of Carle Place-based Professional Snow Management. Wesolowski claims things “disappeared right out of the office” when Feehan left, including the noncompete agreement signed by Feehan. Feehan denies the charge. “I never signed any noncompete clause,” ...

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    Tuesday, April 09th, 2013

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  • Building Rapport During Negotiations

    IMPORTANCE OF RAPPORT If you are like most busy professionals, you are typically pressed for time and would prefer to not waste time on small talk and just get to the issues at hand. This “small talk,” however, if used correctly, has value and should not just be dismissed or glossed over. When bargaining parties take the timeto establish some rapport and develop personal relationships, they tend to behave more cooperatively and enhance the likelihood they will achieve mutual agreements. It’s important to remember that you shouldn’t build rapport simply to win the upper hand in negotiations. Only building a sincere ...

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    Tuesday, April 09th, 2013

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  • March 2013 Legal Brief – Firm Newsletter

     

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    Thursday, March 28th, 2013

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  • Planning for One!

    In some ways, estate planning for a single person can be more challenging for an estate planning attorney than planning for a couple. When a couple puts together an estate plan, the easiest and most natural thing to do is to entrust one another with all of the fiduciary responsibilities in the event of one spouse’s disability or death. Among these responsibilities are the execution of each other’s health care proxy, power of attorney, access to medical records in end-of-life scenarios and the administration of the estate. The ease in dealing with these issues for couples is that the surviving spouse ...

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    Tuesday, March 19th, 2013

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  • Copyright Claim Dismissed for Lack of Specificity

    A recent decision from the Southern District of New York demonstrates the importance of pleading sufficient factual allegations in a copyright infringement case. In Kane LLC v. Scholastic Corp., Case No. 12-cv-3890, 2013 WL 709276 (S.D.N.Y. Feb. 27, 2013), the Court dismissed plaintiff’s copyright claim because it did not specify which works were at issue, which acts constituted infringement, and the time period that the infringement occurred. Plaintiff was a stock photograph agency that licensed certain copyrighted photographs to defendant. The parties entered into a licensing agreement which granted defendant the right to use the photographs under certain limited terms. In the ...

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    Monday, March 18th, 2013

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  • SBA Proposes Reducing Requirements to Exhaust Other Resources Before Obtaining SBA Loans

    The U.S. Small Business Association (SBA) has proposed to revise its lending rules for loan programs. The goal of these regulation changes is to expand the accessibility of SBA loan programs and to increase the number of businesses taking advantage of government-guaranteed loans by giving borrowers greater access to capital. The proposed changes are an attempt by both Congress and the administration to expand the SBA’s reach by making more existing businesses eligible for the agency’s programs, to streamline the loan application process and to strengthen the oversight of the agency. The proposed changes will affect 7(a) and 504 loans, two of the SBA’s most popular loan programs. The 7(a) loan program helps startup ...

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    Sunday, March 10th, 2013

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  • Negotiating Strategies for Buying a Home (Part 2)

    Negotiating Strategies for Buying a Home (Part 1) was published last month. It covered tips for buying, strategies and negotiating. Real Life Example THE MARKET: A seller’s market WHO: Hannah, a first-time homebuyer who had been going to open houses for months. THE HOUSE: One day she drove down a side street and spotted a for sale sign on a house that wasn’t advertised in that Sunday’s paper. She knew the instant she walked in the door that she wanted the house. THE AGENT: Hannah was not working with an agent. She sat down with the seller’s agent and drew up a full price offer ...

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    Saturday, March 09th, 2013

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  • February 2013 Legal Brief – Firm Newsletter

     

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    Thursday, February 28th, 2013

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Fred Eisenbud