WHAT DO YOU REALLY NEED TO KNOW ABOUT NON-COMPETE AGREEMENTS IN NEW YORK? FIVE FAST FACTS

By Lisa Giunta-Popeil, Esq.Email Lisa Restrictive covenants have become commonplace in many New York employment contracts, including in the healthcare industry.  One frequently included restrictive covenant is an agreement not to compete.  While the Federal Trade Commission is currently considering whether to ban non-compete agreements entirely and the New York State Senate and Assembly have also considered bills curtailing non-compete agreements, presently […]

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Beware the Risks of Taking Cryptocurrency as Collateral

By Mauro Viskovic, Esq.Email Mauro A lender who takes cryptocurrency as collateral for a loan must be careful to follow the specific requirements applicable to perfecting a security interest in crypto assets.  Otherwise, if the borrower ends up in bankruptcy, that lender would be deemed an unsecured creditor and possibly have no recourse for recouping any […]

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DOCTORS WIN BIG IN THE COURT OF APPEALS – COURT SETTLES DISPUTE OVER MLMIC SALE PROCEEDS

By Michael J. Spithogiannis, Esq. Email Michael The New York Court of Appeals, by a unanimous bench, decided a question that has been highly contested throughout New York State emanating from the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), a mutual insurance company in the business of issuing medical malpractice policies to […]

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AVOID LITIGATION DISASTER – KNOW THE LAW

By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd Federal and state governments regularly pass laws to protect consumers.  It is up to private businesses to adapt. This requires a thorough, well-counseled understanding of legislative objectives. Two recent foreclosure cases illustrate how common sense and extra postage might have averted litigation disaster for the […]

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Weiss Zarett Wins Commercial Eviction

By Joshua D. Sussman, Esq., Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq. On January 26, 2022, the Supreme Court, County of Queens granted the Firm’s client a final judgment of possession and a warrant of eviction to evict a commercial holdover tenant that abused the eviction moratorium to overstay its welcome. The Firm’s victory, led […]

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NYC MANDATES VACCINATION FOR PRIVATE EMPLOYEES

On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an emergency Order mandating Covid-19 vaccination for private employees pursuant to Section 3.01(d) of the Health Code and Sections 556 and 558 of the New York City Charter. The emergency Order requires covered businesses to generally exclude their unvaccinated […]

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WEISS ZARETT WINS REVERSAL ON APPEAL AND DISMISSAL OF TORTIOUS-INTERFERENCE CLAIMS

By Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq.Email Michael BrofmanEmail Michael Spithogiannis Imagine winning litigation after being a defendant in a contract dispute and then having the plaintiff start another suit arising out of the same contract but on a different theory.  That is essentially the issue that Weiss Zarett faced recently in its […]

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Weiss Zarett Defeats Preliminary Injunction Application Related To Client’s 11 Year Use Of Trade Name

By Michael D. Brofman, Esq. & Joshua D. Sussman, Esq.Email MichaelEmail Joshua The motion, called a preliminary injunction application, was heard Tuesday before the United States District Court for Eastern District of New York within three days of lawsuit being commenced. At argument before the Judge, after the Court noted that the competitor had not […]

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Understanding Dental Employment Contracts

By Mathew J. Levy, Esq.Email Mathew Unfortunately, yet understandably, most dentists are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, dentists often do not realize that while there are provisions in such contracts that are standard in the […]

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Banking in the Cannabis Industry: Update on the SAFE Banking Act

By Mauro Viskovic Esq.Email Mauro On April 19, 2021, the U.S. House of Representatives passed the Secure and Fair Enforcement (SAFE) Act of 2021, which would serve to greatly expand the financing alternatives to cannabis-related legitimate businesses and service providers for such businesses.  The bill is currently sitting within the Senate’s Committee on Banking, Housing and […]

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Mandatory Vaccination for Healthcare Workers Expanded by New Emergency Regulations

On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council in Albany voted to amend the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), significantly expanding the emergency Covid-19 vaccination mandate previously announced by former Governor Andrew Cuomo. Whereas the previous mandate […]

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HOW NEIGHBORLY DO YOU HAVE TO BE?

By Michael J. Spithogiannis, Esq. & Floyd G. Gossman, Esq.Email Michael Email Floyd You hear a knock on the door. . . .  It’s your next-door neighbor, who tells you about plans to make improvements to his property.  You are assured by your neighbor that all improvements will be made according to applicable building codes, and that […]

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Do Your Employee Confidentiality Agreements Comply with Applicable Law?

By Mauro Viskovic, Esq.Email Mauro Although it has been nearly eleven years since The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) was enacted, many companies continue to violate Dodd-Frank by failing to incorporate the necessary whistle-blower protections in their employee confidentiality agreements. Pursuant to Dodd-Frank, the Securities Exchange Commission (“SEC”) promulgated Rule 21F-17 […]

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