• Be Concise, Accurate When Responding to RFPs

    By Kristen D’Andrea More than ever, private clients and businesses are shopping for bargains in legal services. And as more legal teams respond to requests for proposals, the importance of drafting a concise and accurate response is paramount to a firm’s business. “From a firm perspective, we’re in favor of them,” said Patrick McCormick, partner at Campolo, Middleton & McCormick in Bohemia. “If we think we can provide value at a competitive price, we’ll get involved.” It is not uncommon for law firms to bid on RFPs for government or municipal work. “Generally, they’re well drafted by the municipality and we know exactly what they’re ...

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    Wednesday, January 25th, 2012

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  • Special Care for Special Needs Children

    “Special needs children” are those who need extra assistance. They may be disabled, have learning issues, Down Syndrome, Cerebral Palsy, ADD, autism, muscular dystrophy, depression, obsessive compulsive behavior, closed head injury, spinal cord injury, or any one of a host of other physical or mental challenges. Sometimes those problems are severe, other times children function normally only at a lower level. Special needs children usually need more emotional support, have higher expenses and need additional financial resources for a longer period of time. It is possible (if not probable) that a special needs child will require assistance throughout his or ...

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    Thursday, January 19th, 2012

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  • Enforcing Rent Acceleration Clauses

    Public policy in New York seeks to avoid forfeiture of leases.1 What is commonly referred to as a Yellowstone injunction is a procedural mechanism used by tenants in furtherance of that policy.2 As succinctly stated by the Court of Appeals: A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted by a threat of termination of its lease, may protect its investment in the leasehold by obtaining a stay tolling the cure period so that upon an adverse determination on the merits the tenant may cure the default and avoid a forfeiture.3 To obtain a Yellowstone injunction, and ...

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    Tuesday, January 10th, 2012

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  • Is it a License or a Lease?

    January 13, 2012 Perhaps the better question is not whether the relationship at issue is one between a landlord and tenant or between a licensor and license, but whether it matters legally or practically? The short answer is that it does matter both legally and practically. But first, what is the distinction between a lease and a license? The Court of Appeals, long ago, described a license as “a personal, revocable and non-assignable privilege, conferred either by writing or parol, to do one or more acts upon land without possessing any interest therein.” Licenses are commonly used for kiosks found in shopping ...

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    Tuesday, January 10th, 2012

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  • Be Careful with Security Deposits

    Landlords routinely collect a security deposit from tenants at the commencement of a lease term with the deposit generally to be used to ensure the tenant’s compliance with its lease obligations.These obligations typically include the payment of rent or additional rent and payment for any damage to the leased premises caused by the tenant. While Courts will look to the lease to determine the nature of a deposit (i.e. whether the deposit is security, liquidated damages or a penalty) and the right to the deposit, the parties to the lease sometime overlook the General Obligations Law provisions relating to security ...

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    Tuesday, January 10th, 2012

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  • New York Employers Must Issue Wage Theft Prevention Act Notice

    As we reported earlier this year in our advisory, New York State Wage Theft Prevention Act Notice Templates, the Wage Theft Prevention Act (WTPA) annual notice requirement is effective as of January 1, 2012 and must be complied with by February 1, 2012. Thus, the implementation period is exceedingly short. If you employ individuals in New York State, or have affiliates and branches in New York which employ individuals, then you must comply with the current notification requirement of the WTPA. The WTPA, which became effective in April 2011, provides increased obligations and enhanced penalties for employers relating to employee pay ...

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    Sunday, January 01st, 2012

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  • Tax and Estate Planning for Same-Sex Marriages in New York

    On June 24, 2011, New York joined Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington, D.C., to become the seventh jurisdiction in the nation to permit same-sex marriages. The Marriage Equality Act (“the Act”), which went into effect on July 24, 2011, is having a significant impact on tax and estate planning for New York residents who are parties to same-sex marriages. Section 3 of the Act simply provides that a marriage is valid regardless of whether the parties to the marriage are of the same or different sex. Even though many New York statutes have changed to be gender neutral, ...

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    Tuesday, December 20th, 2011

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  • Office for Civil Rights Launches HIPAA Compliance Audits

    In November 2011, The Department of Health and Human Services’ Office for Civil Rights (OCR) announced a new effort to audit covered entity and business associate compliance under Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules, as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act (HIPAA and HITECH are jointly referred to as HIPAA. As authorized and required under HIPAA, OCR will begin conducting HIPAA compliance audits at covered entities and business associates in order to uncover risks or vulnerabilities in the privacy and security rules under HIPAA. OCR is expected to perform ...

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    Thursday, December 01st, 2011

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  • Do I Have to Leave It To The Children?

    It’s a question estate planning attorneys hear a lot. For whatever reason, a person desires not to leave any property to one or more of the natural objects of his or her affection. These could be a spouse, children, other family or even a partner. The answer, with a couple of important exceptions, is no. You are free to leave (or not leave) any or all of your estate to anyone you want. The exceptions are for surviving spouses, minor children and, possibly what are known as pretermitted heirs. This shows how writing a will has just enough quirks to warrant ...

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    Sunday, November 06th, 2011

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  • Recovery of Attorney’s Fees Under Residential Leases

    It has long been the rule in New York that “attorneys’ fees are deemed incidental to litigation and may not be recovered unless supported by statute, court rule or written agreement of the parties.” Flemming v. Barnwall Nursing Home & Health Facilities, Inc., 15 NY3d 375, 379 (2010). A lease for residential property can constitute such a written agreement and residential leases often contain provisions permitting landlords to recover attorneys’ fees incurred with enforcing the terms of the lease, including commencing and prosecuting summary proceedings. Recognizing the disparity of bargaining power that often exists between landlords and tenants, in 1966, Real ...

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    Monday, October 10th, 2011

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Fred Eisenbud