• Planning is Not Just For People

    Owning a pet — any pet — is a substantial investment of time and money. Whether your pet is a rescue, adopted for nothing, or a purebred with a street value of many thousands, you can’t put a price tag on what it’s worth to you. So, you ought to take steps to provide for this family member after you are gone — just as you would for any other. There are a couple of ways to do this, which can be used alone or in combination with each other. Set up a trust If you remember, Leona Helmsley set up a $12 ...

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    Wednesday, August 29th, 2012

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  • Improving Business Negotiations

    Most people simply don’t know how to negotiate. Our parents didn’t teach us and their parents didn’t teach them. And despite the fact that negotiations are a daily occurrence, we’re taught nothing about them. Many believe that since we’re not taught we just assumeit cannot be taught.And because we sometimes fear what we don’t understand; we are afraid to learn. But there is good news; we can all improve our negotiation skills. A quote commonly found in negotiation theory books and articles from G. Richard Shell in his book Bargaining for Advantage: Negotiation Strategies for Reasonable People, reads, ” . ...

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    Thursday, August 09th, 2012

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  • Keyword Infringement Litigation Heats Up

    Google’s AdWords is a powerful advertising platform. But what happens when a competitor bids on your trademark, or slips your mark and brand name into its website’s metatags in order to lure away a potential customer searching for your business? Not surprisingly, companies who lost the placement wars weren’t too happy and commenced trademark infringement lawsuits against the competitor and the search engine that sold the keyword bids and advertising placement. However, suits against Google and similar search engines died in August 2010, after a District Court’s opinion in Rosetta Stone Ltd. v. Google, Inc., 2010 WL 3063152 (E.D. Va. August ...

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    Tuesday, July 24th, 2012

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  • What is a Trust?

    Attorneys, especially estate planning attorneys, talk about trusts all the time. They talk about them as if everyone already understands exactly what a trust is. There is no doubt that trusts have long served as a valuable estate and financial planning tool, since they can meet a number of important planning needs. Since people began using trusts centuries ago, they have mistakenly been regarded as tools for the super-wealthy to protect their fortune. That is certainly true to a degree, but a person doesn’t have to be ‘filthy rich’ in order to benefit from the use of a trust. Well then, what ...

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    Saturday, July 21st, 2012

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  • Your Estate Plan Needs to Be Updated After a Divorce

    Divorce is never simple and is actually usually quite messy. That includes annulments and legal separations. Many things are not automatic or included in the official decree. Because of this, every person should have a new estate plan drafted following a divorce. According to New York law, if you name your spouse in your Will and then divorce, that designation is revoked and it is as if he or she has pre-deceased you. That’s the good news. The bad news is that the divorce itself may not change the trustees, guardians, agents or others named in an estate plan. These people can ...

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    Tuesday, June 12th, 2012

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  • President Obama Signs into Law the Jumpstart Our Business Startups Act

    On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (the “JOBS Act”). The JOBS Act is intended to increase American job creation and stimulate economic growth by improving access to the public capital markets for a new category of issuer created by the JOBS Act — the “emerging growth company.” It represents the most comprehensive reform to the laws governing capital raising since the Securities and Exchange Commission (SEC) issued its 2005 Securities Offering Reform. The JOBS Act: Creates a new class of company termed an “Emerging Growth Company” with an easier “on ramp” to going public by reducing existing regulatory requirements; Relaxes the advertising and solicitation requirements for private offerings ...

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    Sunday, June 10th, 2012

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  • Amendment to Conform to Proof; Sufficiency of Rent Demand and Proof of Damage

    As summer winds down, I thought the best way to ease into autumn would be to examine certain jurisdictional and proof issues that pop up over and over again in summary proceedings. Thankfully, the Courts have provided relevant decisions worthy of discussion. The first is from Nassau County District Court Judge Scott Fairgrieve which discusses whether a commercial landlord waived the right to commence a summary proceeding seeking to collect significant additional rent when the landlord accepted base rent payments 1. The second case is from the New York City Civil Court and involves an amendment of a petition to conform ...

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    Sunday, June 10th, 2012

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  • Equity Does Not Relieve Tenant’s Failure to Timely Exercise Renewal

    A recent article discussed the decision by the Appellate Division First Dept. in 135 East 57th Street LLC v. Daffy’s Inc.1 in which the Appellate Division excused a tenant’s failure to timely give notice of its election to exercise its option to renew its commercial lease because the tenant had “garnered substantial good will in its approximately 15 years at the location, which good will was a valuable asset that would be damaged by its ouster from the premises.” The Court in Daffy’s Inc. referenced the Court of Appeals decision in J.N.A. Realty Corp. v. Cross Bay Chelsea, Inc.2 , ...

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    Sunday, June 10th, 2012

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  • Learning the Art of Business Negotiations

    We are all negotiators, and we face challenging and complex problems of persuasion and influence on a daily basis. We manage workers and work for managers, deal with friends, family, colleagues, clients, merchants, and organizations all the time. Successful negotiation requires agreement and collaboration with other people. Since individuals often do not share the same interests, perceptions and values, skill is needed, personally and professionally in negotiating. Understanding the dynamics of negotiating is critical in the business world, and is a topic we discuss often within our firm. Learning the art of business negotiations is a necessity for our partners and ...

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    Saturday, June 09th, 2012

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  • This is the Year to Gift

    Tax changes that President Barack Obama and Congress hammered out in the final days of 2010 discouraged clients from seeking estate planning advice last year, even though estate lawyers insist that there are many planning opportunities that shouldn’t be missed. It seems that the $5 million estate tax exemption for 2011 and 2012 has all but eliminated “estate tax avoidance” as a motivating factor for clients. With the $5 million exemption, a lot of people breathed a sigh of relief because they said, “I don’t have that much.” It seemed to diminish the concern for estate planning as motivated by the ...

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    Friday, April 27th, 2012

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Fred Eisenbud