New York Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in New York
January 25, 2016 By The Berkman Law Firm
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.
January 22, 2016 By Michael B Schulman and Associates PC
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?
January 22, 2016 By Diamond Law Practice, PLLC
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.
January 21, 2016 By Diamond Law Practice, PLLC
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?
January 18, 2016 By Mishiyeva Law, PLLC.
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.
January 6, 2016 By Michael B Schulman and Associates PC
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.
December 7, 2015 By Law Offices of John Howley, Esq.
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.
December 2, 2015 By Law Offices of John Howley, Esq.
Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient Referrals
November 29, 2015 By Law Offices of David S. Rich, LLC
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.
People are more likely to cause serious accidents when they use cell phones while driving. In fact, a study conducted by the University of Utah shows drivers who use cell phones while driving are as impaired as drunk drivers.
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.
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.
Purchasing a home, especially for the first time, can be a very scary but wonderful experience. Below you will find information that is sure to answer many of your questions regarding the purchase of your first house or apartment!
China’s state television accused Bank of China, one of the biggest state-owned commercial banks in China of violating the currency exchange rules and involves in shadow banking and money laundering on a large scale. This news is rather alarming to the EB-5 community as China provides more than 85% of the EB-5 investment.
Our major Uber ride-sharing concern is the issue of liability insurance coverage, not only for the Uber passenger; but also for pedestrians and occupants of other vehicles which might be involved in a crash with a Uber car. Even if the Uber passenger doesn't care about insurance coverage for themselves, does the Uber customer want to be a good citizen? If so, and we sure do hope that being a good citizen is something to strive for, then we all need to seriously weigh the Uber pros and cons.
Ask any personal injury lawyer and they will tell you the number one question asked of them is “Can I sue?” Coming in a close second is “Do I have a case?” Both questions miss the mark, however, as the real question that accident victims should be asking is “Do I have a case worth pursuing.”
To sue or not to sue is indeed a pretty good question. The lawsuit can be underway at the time of the ADR; or, the success or failure of the ADR can determine whether a lawsuit is even necessary.
My clients are often surprised to learn that even after devoting many years of loyalty to a company, that he or she is subject to termination, even after suffering a work related injury.
Most lemon laws apply to dealers only, not to private sellers. Because of this some unscrupulous dealers attempt to sidestep the laws altogether by using a system called curbstoning.
The New York State Workers' Compensation Law provides for indemnity and medical benefits if a claim is found to be work related. One of the more controversial aspects of a work related claim occurs when an injured worker alleges stress, anxiety or depression as a result of employment.
Trading in your old car to help pay for a new one at the dealership may seem like a good way to shave off the cost of a new car. However, not all trade-in transactions are handled in an honest manner, and this can lead to unfortunate results for consumers.
If you drive a car, you’ve probably seen it happen (or you’ve seen the aftermath). A mattress, a piece of furniture, a chunk of metal, a huge box or some other large object falls off a moving truck (or the object is lying on the side of the road). What happens when the stuff that fell off the truck hits a car or a pedestrian or a bicyclist, causing a wreck and injuries? Is the truck responsible?
It may seem to run contrary to common sense, but it is possible to collect both workers' compensation and unemployment benefits. However, an injured worker should be aware of the limitations of each program.
A recent court decision based on the case Hamilton v. Miller in the New York Court of Appeals is giving more hope to victims in New York lead poisoning cases. Previously, victims had to provide medical reports relating to each alleged injury. The lower court's narrow requirement requiring medical reports be furbished before defense medical examinations take place is no longer honored in lead poisoning cases, although victims must still furnish medical records relating to their injuries.
Most of the foreigners trying to work in the United States. H1B visa is a non immigrant visa, but five immigrant visas allow foreigners to work in the United States and also get many immigration benefits through these EB visas. 1,40,000 visas allocated for every fiscal year. Highly skilled professionals, research professionals, professors and who has extraordinary abilities they can get higher priority
The determination of whether an injured worker is an independent contractor or an employee involves a variety of tests and factors. The ultimate decision is critical, as it can determine whether benefits under the New York State Workers' Compensation Law are payable by the employer.
An employee injured in New York State will likely have to decide whether to retain a workers' compensation lawyer to assist in the claim. For a myriad of reasons, more often than not it makes sense to secure the services of an experienced attorney.
The U.S. Consumer Product Safety Commission (CPSC) has announced a recall of three models of the Nap Nanny ® infant recliner chair/bed made by Baby Matters, LLC of Berwyn, Pennsylvania. The Nap Nanny is a portable infant recliner designed for sleeping, resting, and playing. It includes a shaped foam based fitted with a fabric cover and three-point harness.
Every parent warns their child about crossing the street and instructs them to always look both ways before moving. But in the age of cell phones, looking both ways may not be enough. Drivers and pedestrians who are using the busy streets of New York City must be extra vigilant because of the growing issue of drivers whose minds are elsewhere when navigating the road.