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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…Weiss Zarett Defeats Motion To Dismiss Fraudulent-Conveyance Complaint
By Michael J. Spithogiannis, Esq.Email Michael Fundamentally, a judgment is a decree determining a lawsuit. If the plaintiff is awarded damages, the judgment will direct the defendant to pay. If the defendant refuses, it’s up to the plaintiff to find assets to seize. But what if the defendant hid or transferred assets to avoid paying? […]
Continue reading…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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Business Entity Formation: Choosing the Right Business Structure for Your Needs
By Mathew Levy, Esq. & Mauro Viskovic, Esq.Email MathewEmail Mauro Are you looking to start a business and getting ready to decide on the business entity? Choosing your business’s legal structure is one of the most critical steps you must take in forming your business. Often professionals spend too little time considering what business structure […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…Commercial Litigation: Enforcing Employee Non-Compete Clauses
By Joshua D. Sussman, Esq.Email Joshua Your Director of Sales suddenly quits and announces they are joining a direct competitor up the road. The new opportunity is in direct breach of their non-compete agreement, which prohibits them from competing with your company within ten miles of your office for two years after the end of […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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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