• Choosing a Guardian

    For the past couple of months I’ve been talking about the different fiduciaries that are typically named in a Will or a Trust. There’s one that’s more specifically for younger people and it specifically goes in your Last Will and Testament. That’s the choosing of a guardian over your children.This is a very difficult conversation to have with clients. Can you imagine a young couple contemplating a future for their child in which those same parents don’t play a central role? Almost as much as parents pray that their children will outlive them, parents likewise hope that they will be ...

    cmandm

    Sunday, December 16th, 2012

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  • New York State Wage Theft Prevention Act Deadlines Approaching

    As we reported several times over the last two years, New York enacted the Wage Theft Prevention Act (“WTPA”) requiring employers to furnish notices to employees addressing pay, overtime, and other pay-related information. As is the case every year, the annual notice must be distributed to employees between January 1, 2013 and February 1, 2013. If you employ individuals in New York State, or have affiliates and branches in New York that employ individuals, then you must comply with the current notification requirement of the WTPA. All employers should make sure this is handled promptly to avoid potential penalties and fines. Employers must provide a copy of the notice to the employee, have each employee ...

    cmandm

    Monday, December 10th, 2012

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  • Landlord/Tenant Issues: Recent Appellate Cases

    Two appellate courts recently rendered decisions discussing landlord/tenant issues. The decisions, while breaking no new ground, do point out what can happen when parties fail to properly memorialize their landlord/tenant relationship and when a landlord fails to act to correct defective conditions in commercial premises. The first case is Joylaine Realty Co., LLC v. Samuel1 in which the Appellate Division affirmed the dismissal of landlord’s complaint holding that repeated flooding of the commercial premises combined with the landlord’s failure to take any action to correct the condition suspended tenant’s obligation to pay rent. The Appellate Division decision is short on facts ...

    cmandm

    Monday, December 10th, 2012

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  • Practical Examples of Using a BATNA in Negotiations

    Over the past few months, this blog covered the basics of negotiation theory, discussing some of the strategies and tools of a successful negotiator. Last month, we explored Roger Fisher and William Ury’s coined term BATNA. Coincidently, there was recently an article in the New York Times Business Section about the practical application of BATNA in Hollywood and Washington. The article is: In Talks, G.O.P. May Have to Just Say Yes By ROBERT H. FRANK Published: December 8, 2012 To read the article, click here.

    cmandm

    Sunday, December 09th, 2012

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  • Claim for Breach of Implied Contract Not Preempted by Federal Copyright Act

    In an important decision for the entertainment industry, the Second Circuit held that a claim under state law for breach of implied contract, including a promise to pay, is not preempted by the Federal Copyright Act. In 2010, a suit was brought by Forest Park Pictures against Universal Television Network, Inc. (the television production arm of NBCUniversal, a subsidiary of Comcast Corp., which controls USA Network), for breach of contract over USA Network’s show Royal Pains. Forest Park alleged that in 2005, it developed an idea for a show called “Housecall,” in which a doctor, after being expelled from the medical ...

    cmandm

    Tuesday, November 20th, 2012

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  • Tips for Trustees

    In the last blog post, I talked about different fiduciary roles (executor, trustee and guardian) but being a trustee typically has long-term implications. Naming someone as trustee, whether it’s for your living trust or for a testamentary trust in your Will, is quite possibly one of the most difficult decisions you’ll ever make. This trust could be revocable or irrevocable, depending on the purpose of the trust and could exist for many years. The trustee is involved in just about every aspect of the administration of a trust; and although it is considered a great honor, it can also be ...

    cmandm

    Tuesday, November 20th, 2012

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  • Using a BATNA in Negotiations

    BATNA is a term coined by Roger Fisher and William Ury in their 1981 bestseller, Getting to Yes: Negotiating Without Giving In. It stands for “Best Alternative To a Negotiated Agreement,” and is in essence a well thought out plan “B” in the event your negotiation is unsuccessful. It truly is the measure you should use to prevent you from accepting terms that are too unfavorable and from rejecting terms that are in your best interest to accept. Having a BATNA as part of the negotiation is imperative and increases your negotiating power. No one should come to the negotiation table ...

    cmandm

    Friday, November 09th, 2012

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  • Landlord/Tenant Issues: Recent New York Cases

    There have been numerous recent decisions by appellate and trial courts involving landlord/tenant disputes covering a wide variety of issues. A few of those decisions are discussed in this article. In a decision dated October 5, 2012, the Appellate Term, First Department in C&A 483 Broadway, LLC v. KLMNI, Inc.,1 discussed Yellowstone injunctions. In a short decision that did not discuss many facts, the Appellate Term reversed the lower court’s order granting summary judgment to the tenant dismissing the petition, and held a “May 2008 Yellowstone injunction issued by Supreme Court, which restrained landlord from terminating the governing commercial lease agreement ...

    cmandm

    Wednesday, October 24th, 2012

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  • Red Soles of Designer Footwear Can be Trademarked in the Fashion Industry

    In a decision that is captivating the fashion industry, the Second Circuit held that a single color can serve as a legally protected trademark. Specifically, the color red used on the sole of luxury shoe designer Christian Loubotin’s shoes is protectable as a trademark. Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., 11-3303-cv (2d Cir., Sept. 5, 2012). Louboutin’s signature line of high-fashion women’s footwear utilizes a high-gloss, red-colored bottom, and costs approximately $1,000 for a pair. Louboutin explained that “he shiny red color of the soles has no function other than to identify to the public that they are ...

    cmandm

    Tuesday, October 23rd, 2012

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  • Designate People You Trust in Your Will

    One very important aspect of a Last Will and Testament is the designation of specific people to take care of your minor children and future financial affairs. Designating people you trust to care for your estate and your loved ones is essential for giving you some peace of mind. By using your Will to select trustees and guardians, you can maintain some control of the future of your children. If you do not designate someone to physically care for your children and to manage their finances, the court will appoint someone to do it. The court-appointed trustee or guardian may ...

    cmandm

    Tuesday, October 23rd, 2012

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Fred Eisenbud