New York Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in New York
May 24, 2016 By Law Offices of Grinberg & Segal
Male U.S. citizens, lawful permanent residents (LPRs), and undocumented aliens between the ages of 18 and 25 are required to register for with the Selective Service System (SSS). The law requires that registration occur within 30 days of the person’s eighteenth birthday, but late registrations are accepted prior to the person turning 26 years of age.
May 24, 2016 By Law Offices of David S. Rich, LLC
New York recently enacted a law which, by 2018, raises New York's hourly minimum wage from $9.00 to $15.00.
May 23, 2016 By Law Offices of Grinberg & Segal
The E-2 (E2) Treaty Investors visa is a nonimmigrant visa for certain nationals of countries with which the United States maintains a treaty of commerce and navigation. The E2 visa is available for investors and for employees of E2 treaty investors or companies that, by virtue of their ownership and operations in the United States, can qualify as E2 petitioners. This article will provide a brief overview of the E2 visa category.
May 22, 2016 By Jeanne M. Reardon Law Office
If you are unable to attend a real estate closing and sign the necessary documents you can have your attorney prepare a power of attorney for you thereby allowing your agent to act for you at the closing.
May 23, 2016 By Jeanne M. Reardon Law Office
Whether you are buying or selling a home, your team of expert advisers should include a real estate closing attorney. Real estate closings are complicated matters and require a thorough knowledge of the law. With a decision as serious as buying and selling real estate, it is important that you are guided throughout every step of the closing process by an experienced and knowledgeable real estate lawyer.
May 22, 2016 By Law Offices of Grinberg & Segal
The Department of Homeland Security (DHS) has discretion to reinstate a prior removal order when an alien reenters the United States illegally after having been removed previously or having left under a grant of voluntary departure under a removal order. If an alien is subject to summary removal, he or she will not be entitled to a hearing before an immigration judge. Depending on the situation, there may be limited forms of relief available to the alien from reinstatement of removal.
May 18, 2016 By Law Offices of Grinberg & Segal
Under certain circumstances, arriving aliens who are found inadmissible at the border may be subject to expedited removal. Expedited removal is a removal procedure where an alien is removed without a hearing before an immigration judge. However, there are limited circumstances in which an alien who would otherwise be subject to expedited removal may qualify for an exception.
May 18, 2016 By Law Offices of Grinberg & Segal
Under certain circumstances, a child with a pending adjustment of status application to a family preference category who would otherwise “age out” (that is, turn 21 years of age and not be covered by a provision that prevents aging out) may have his or her immigrant visa petition converted to an appropriate preference category and recapture the priority date associated with the original petition.
May 16, 2016 By Law Offices of Grinberg & Segal
The EB1-B (EB1B) category is an employment-based immigrant visa category for outstanding professors and researchers. The underlying statute for the category is found in section 203(b)(1)(B) of the Immigration and Nationality Act (INA).
May 14, 2016 By Law Offices of Grinberg & Segal
The decision on whether to grant an asylum application is discretionary decision based on the facts of each specific case. However, there are certain bars to asylum eligibility which, if triggered, require than an asylum application is denied.
May 14, 2016 By Law Offices of Grinberg & Segal
A brief overview of the special considerations for investors and entrepreneurs who are seeking to use one of these three non-immigrant visa categories.
May 12, 2016 By Law Offices of Grinberg & Segal
An overview of who is subject to administrative removal, the administrative removal procedure, and potential avenues for relief from administrative removal.
May 8, 2016 By Mishiyeva Law, PLLC.
Simply being unhappy with the distribution of assets or the delay of the probate proceeding in general is not sufficient grounds to successfully contest the validity of a last will and testament. An heir of an estate or a beneficiary of a prior will can commence a will challenge based on a number of enumerated grounds.
May 3, 2016 By Law Offices of Grinberg & Segal
Who Was Eligible to Take Advantage of LIFE Act Adjustment of Status? The Original Filing Requirements for LIFE Act Adjustment of Status and Grandfathering. LIFE Act Adjustment of Status in Proceedings. Advice for LIFE Act Adjustment of Status.
May 2, 2016 By Law Offices of Grinberg & Segal
O visas are nonimmigrant employment visas for limited classes of aliens. The O-1A (O1A) visa is for “aliens of extraordinary ability” who are seeking to enter the United States to work in their areas of expertise.
April 28, 2016 By Law Offices of David S. Rich, LLC
New York City recently enacted new laws strengthening the New York City Human Rights Law.
A Medicaid fraud investigation begins long before you are contacted by an investigator. By the time they contact you, the investigators have already conducted interviews and collected all the records they need. At this point, anything you say can and will be used against you.
It is commonplace for start-ups and emerging companies to offer stock option to employees, consultants and service providers in conjunction with, or often in lieu of, cash compensation. The potential recipient of stock options should be aware of certain important considerations before simply accepting stock options in a start-up or emerging companies.
What happens when a construction company or a contractor put's a lien on your property for unpaid services? What if the lien is invalid? Do you have any recourse?
The Defense Base Act is a federal workers' compensation program, which provides medical and wage-replacement benefits to military contractors injured while working on a wide variety of U.S. defense projects worldwide.
The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?
When it comes to dealing with the loss of a loved one, one of the last things that any family member wants to do is call a probate or estate attorney. This is understandable given that the family is grieving with the loss. Finding a lawyer should be not be a complicated matter. Finding the right lawyer to handle an estate, whether it requires planning or for the will to be probated, however, requires due diligence.
All too often individuals think they can proceed without a lawyer in drinking and driving offenses. Some people don't understand the consequences that they face in such serious matters while others simply think they will be better off without an attorney. Unfortunately, an attorney is crucial for all defendants facing such issues.
A Medicaid fraud investigation is a serious matter that can lead to criminal charges. You should consult with a Medicaid fraud lawyer before you speak with investigators or turn over any documents.
Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient Referrals
The elements of a cause of action under the New York Whistleblower Law.
If you receive a letter from the NYC Bureau of Fraud Investigation, it means that you are the target of a Medicaid fraud investigation. How you respond to the letter can mean the difference between an inconvenience and a criminal record.
To make a personal injury claim, medical evidence is mandatory. Unfortunately, if the medical report is unable to link your injuries to the accident, it will not be possible to take your claim further.
A letter from the NYC Bureau of Fraud Investigation means that you have a potentially serious problem. Do not try to handle this on your own. Consult with an experienced Medicaid fraud lawyer before you meet with the investigators.
Are Class Actions a nuisance or necessity? In this article I will discuss what class actions are and why they are an indispensable tool of defense against injuries suffered due to bad business practices.
According to the United States Supreme Court, the two- year and six- month time limits in 28 U.S.C.§ 2401(b) of the Federal Tort Claims Act (FTCA) "are just time limits, nothing more. Even though they govern litigation against the Government, a court can toll them on equitable grounds."
Even though the post-recession darkness has been illuminated by the Dow-Jones surpassing 18,000, the pressure on in-house counsel to manage and control the efficiency, predictability and cost effectiveness in the delivery of legal services has not lessened. The good news for in-house counsel is that over the past seven years or so there has been a dramatic shift in the relationship from a sellers’ market to a buyers’ market and there is now a fiercely competitive market for legal services.
Everyone has heard of the terms: defamation, slander and libel. But not all understand the meanings of the words or the elements necessary to bring a successful lawsuit involving those legal concepts.
By Fundaro Law
If you have been injured on a sidewalk in New York City, there are many factors to consider when considering who is at fault and whom the claim needs to be brought against.
The United States government has declared increased exports are the path for financial recovery. In particular, the Small Business Administration declared exports are the principal method to buttress American small business. So, how do small businesses effectively negotiate in the international market?
Reasons to consider non-compete and non-solicitation agreements.
How to handle a New York liquor license when not operating.
According to the National Safety Council statistics, falls are the second leading cause of accidents in the U.S., second only to motor vehicle accidents. While many falls occur as the result of a “slippery” floor, many falls also occur on stairways, both within the home and in commercial locations.
According to the National Highway Traffic Safety Administration, motorcyclists are 35 times more likely to experience a fatal accident than car drivers.
Returning to the United States after being deported or removed is a violation of federal law. Alleged offenders could be sentenced to prison before being returned to their home countries—where they could face additional consequences as well.
According to RealtyTrac, there were 16,700 zombie foreclosures in New York in 2014. That number has since risen by 54 percent. These homes are often the houses that bring a neighborhood's value down; the houses with unkempt lawns and boarded-up windows that are easy to ignore and forget.
For most of us, the word “poison” conjures up fairy tales and fantasies — Snow White’s poisoned apple, Captain Hook’s medicine in Peter Pan, the Wicked Witch’s poppy field in The Wizard of Oz. Or, for readers of a certain age, maybe “Every Rose Has Its Thorn” comes to mind.
If you’ve violated DWI in NY, the repercussions can be staggering; a negative impact on your career, increased insurance premium costs, personal and family embarrassment and a ruined driving record which can take years to repair. We’d like to share some of the common DWI questions.
When an L-1 Visa is denied by USCIS, you may have the option of skipping an administrative appeal to the AAO, and file a petition for review with a Federal District Court under the Administrative Procedure Act.
Just like all other forms of marital property, a couple's mortgage on their home must be divided during their divorce. A mortgage is considered to be a piece of marital debt.
When your child rides on a school bus, the last thing you think about is an accident. Although accidents involving school buses may be rare, when they do occur they can be catastrophic.
Credit card debt. Bills piling up. Filing for bankruptcy. Bankruptcy proceedings. Destroyed credit. Foreclosure. All of these things can take a toll on a person, not just financially, but emotionally and legally. Though some might view bankruptcy as an admission of failure, bankruptcy is actually an opportunity.
Certain types of repetitive work activities can either cause, or aggravate symptoms in areas of the body, including the knees, arms, shoulders, back and neck. The types of activities and jobs are virtually unlimited, and can be the subject of considerable litigation.
This year, Chapter 11 bankruptcy is getting an overhaul. These changes are designed to make filing for Chapter 11 bankruptcy easier for businesses.
Filing for bankruptcy changes your life. As you know if you recently filed for Chapter 7 or Chapter 13 bankruptcy, filing for bankruptcy takes a toll on your credit score, your financial well being, and your emotional health.