New York Legal Articles


New York Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in New York


New York Law Firms

Questionable SUV Stability Causes Most Rollover Accidents

Rollover accidents comprise only 3% of all vehicle accidents in the U.S. but most of these involve SUVs. There are no strict laws that prohibit the use of these types of vehicles and their inherent features and design do not offer a high level of security to its passengers, and so drivers should be extra careful when driving SUVs.

A Quiet Danger: Three Common Types of Nursery Product Defects

  May 2, 2013     By Tolmage, Peskin, Harris & Falick
The CPSC reports that on average, 114 children die from nursery product injuries each year. This article examines the three types of product defects, as well as the victim’s and family’s rights after an accident.

Hypoxic-Ischemic Encephalopathy: Still a Common Threat to Infants

  April 26, 2013     By Tolmage, Peskin, Harris & Falick
Despite advances in neonatal medicine, hypoxic-ischemic encephalopathy remains a common condition in the U.S., potentially causing cerebral palsy, brain damage or death to the infant.

Harlem, Lower East Side Children More Likely To Die In Crosswalks

  April 25, 2013     By Tolmage, Peskin, Harris & Falick
Children in Harlem and the Lower East Side face a disproportional pedestrian accident rate than children in other areas of Manhattan. Why is there such a large disparity and what is the solution?

U.S. Census Shows Fewer Divorces in Northeast

  April 24, 2013     By The Law Offices of Scupp & Berman, LLP
The results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.

The Cheapest Way to Divorce

  April 24, 2013     By The Law Offices of Scupp & Berman, LLP
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.

Equitable Distribution in New York State: How Property is Divided in Divorce

  April 23, 2013     By Brian D. Perskin & Associates
When a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.

Caffeine as the Safest and Most Effective Solution to Truck Driver Fatigue

Despite the pressure to most truck drivers to deliver in a timely manner over very long distances, the solution to staying awake and free from fatigue may be as simple as a cup of coffee, as reflected in the results from a recent Australian research. Instead of taking harmful prescription drugs that may lead to side effects and even road accidents, it may be better for truck drivers to limit their solutions to regular intake of caffeine.

Brain Injury Awareness Month in New York

Some of the most serious injuries resulting from an accident are brain injuries, and the medical expenses that follow could put a strain on your finances as well as your family's. When pursuing compensation for damages, it is recommended that you engage the services of an experienced and skilled personal injury attorney to help you obtain the highest possible amount for your claim.

Speeding Remains the Number One Vehicle Accident Problem

While recent statistics show a drop in vehicular accident fatalities over the past ten years, the most common cause of road accidents needs to be given some attention. The combination of speeding and aggressive drivers is the main factor involved in motor accidents and state authorities need to implement more effective measures to help prevent these accidents. For now, individuals may turn to their personal injury lawyer in seeking compensation for pain and injury resulting from these accidents.

What Is a Bank Levy

  March 14, 2013     By Law Offices of Stephen B. Kass, PC
Imagine getting a letter in the mail informing you that your mortgage payment has been rejected by your bank for insufficient funds. This may be because your bank account has been levied by another creditor whom you owed money.

Indigenous Women Share Perspectives on Violence at United Nations

  March 11, 2013     By Leeds Brown Law, PC
Women have historically been subjected to legal discrimination based on their gender. With the passage of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), women are able to use the law to fight sex discrimination in employment, education, domestic relations.

Andrew Cuomo Introduces Unprecedented Women’s Rights Legislation

  March 11, 2013     By Leeds Brown Law, PC
New York is leading the way on legislation to ensure women aren't treated as second-class workers.

How Safe Are New York Pedestrians?

  March 2, 2013     By Kahn Gordon Timko & Rodriques P.C.
In short, the overall picture looks good. New Yorkers can be confident that their streets are getting safer. However, not everything is wonderful, and the city cannot afford to relax its efforts to improve pedestrian safety.

Elder Abuse Is a Growing Problem, Especially in For-Profit Nursing Homes

  March 2, 2013     By Kahn Gordon Timko & Rodriques P.C.
The growing number of for-profit nursing homes appears to be adding to the problems of waste, fraud and abuse that plague many nursing homes.

Types of Recoverable Damages in a New York Personal Injury Auto Accident Case

  February 25, 2013     By Law Offices of Jay S. Knispel, LLC
If you have suffered injuries as the result of an accident due to someone else's negligence, you may be entitled to financial compensation. There are two general types of damages that an injured party can recover: compensatory and punitive.

Explaining the Differences between Family & Supreme Court in NY State

  February 21, 2013     By Brian D. Perskin & Associates
For couples seeking a divorce or families dealing with a family law issue, the difference between Family Court and Supreme Court in New York State may not always seem clear. Cases often involve both of these courts, and they share jurisdiction, or authority, over multiple domestic issues. Yet there are important differences between each of these courts.

New York State Tops the Nation With Investment Fraud Schemes

  February 8, 2013     By Napoli Bern Ripka Shkolnik, LLP
New York City is known as the nation capital for federal securities and investment fraud investigations and prosecutions. The most common claims in arbitration filed in New York include Breach of Fiduciary Duty, Negligence, Fraud/Misrepresentation, Failure to Supervise and Breach of Contract.

Are You Being Aggressive, Enough (Legally)?

  February 7, 2013     By Lance Wallach, CLU, CHFC
The question in the 80′s used to be, “How far can I push it before I get audited?” However, with increased IRS enforcement, it’s now important to ask, “Will I pass an IRS audit?”

IRS Announced the Reopening of its Offshore Voluntary Disclosure Program

  February 4, 2013     By Lance Wallach, CLU, CHFC
On January 9, 2012, the IRS announced the reopening of its offshore voluntary disclosure program (now in its third iteration) to assist people who have been hiding offshore accounts in becoming compliant with their tax liabilities.

The Violence Against Women Reauthorization Act and Violence Against Men

  January 30, 2013     By Brian D. Perskin & Associates
Last week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.

Medical Errors Can Be Prevented and Patient Safety Improved

  January 4, 2013     By Kahn Gordon Timko & Rodriques P.C.
Although medical literature frequently reports computerization of medical records, barcoding for medications, evidence-based medicine, and other approaches can reduce medical errors, practitioners and institutions have not embraced them very speedily.

How the Consumer Product Safety Commission Keeps Us Safe

  January 4, 2013     By Kahn Gordon Timko & Rodriques P.C.
The CPSC is an independent federal regulatory agency whose mission is to keep American consumers safe. The agency issues standards for products and safety recalls for products demonstrated to create risks to users and consumers.

New York’s Wrongful Death Statute Needs Changing

  January 4, 2013     By Kahn Gordon Timko & Rodriques P.C.
According to some legal experts, the New York wrongful death law has not changed much since 1847, when it was first enacted, and reflects 19th-century values.

Patient Safety Is No Accident

  January 4, 2013     By Kahn Gordon Timko & Rodriques P.C.
It is important for expectant parents to educate themselves about birth injuries in general and about things they can do to help keep their unborn babies safe until they enter the world.

New York PLLC

  January 1, 2013     By Murray LLP
PLLCs (Professional Service Limited Liability Companies) are a popular choice for professionals in New York wishing to conduct business.

An Alarming Look Back At Fatal New York Traffic Accidents In 2012

  December 20, 2012     By Tolmage, Peskin, Harris & Falick
As 2012 draws to a close, it’s natural to wonder what 2013 will bring to New York City traffic safety.

Can A Parent Coordinator Alleviate Conflict After The Divorce?

  December 15, 2012     By Westchester Matrimonial LLC
A divorce is never easy, but there are ways that the distress of going through a divorce and the accompanying child custody hearings can be minimized.

Keep or Toss? A Guide for Retaining Financial Records

  December 12, 2012     By Minko Law Office
Are you worried about an Internal Revenue Service (IRS) tax audit? Does that worry make you keep records too long and clutter your living quarters? If a mountain of financially related documents is threatening to overwhelm your space and your sanity, it is time to de-stress.

Asylum in the United States: Application, Court, and Asylum Benefits

  December 10, 2012     By Law Office of Alena Shautsova
A person who is fearing persecution in his/her country may request the Unites States government to provide protection by submitting an application form I-589 and supporting documents. The person must be physically present in the United States to do so. If a person is asking for protection outside the United States, the person is called a refugee.

Potential Abusive Tax Avoidance Transactions

  December 5, 2012     By Lance Wallach, CLU, CHFC
412(i) plans and employers under audit for "potential abusive tax avoidance transactions" have asserted claims against insurance companies and their agents to recover money paid for insurance policies and for IRS assessed interest and penalties. Most are or will be audited by IRS for not properly filing under IRS code 6707a and will also lose the lawsuits for failing to mitigate the damages etc.

Abusive Insurance and Retirement Plans

  December 4, 2012     By Lance Wallach, CLU, CHFC
Single-employer section 419 welfare benefit plans are the latest incarnation in insurance deductions the IRS deems abusive.

Employer Alert: Are You Ready for 2013?

  December 2, 2012     By Schwell Wimpfheimer & Associates LLP
United States employers will be faced with a number of new obligations as of January 1, 2013

Don’t Get Caught in 409A Tax Trap – Year End Deadline Looms

  December 2, 2012     By Schwell Wimpfheimer & Associates LLP
Severance payments on a release or non-compete must comply with Section 409A tax rules by December 31, 2012.

Abusive Tax Shelters

  November 29, 2012     By Lance Wallach, CLU, CHFC
As an expert witness on 419 412i and abusive tax shelters my side has never lost a case. Many insurance agents that sold, and were sued, for selling those plans are now selling captive insurance and section 79 plans. The IRS is now looking at these plans. I have also received calls from people who are being audited by the IRS.

419 and 412 Plan Fraud

  November 27, 2012     By Lance Wallach, CLU, CHFC
You think you know what you are getting when you buy an insurance plan, but what do you do when you find out that your plan does not work they way you thought?

Irrevocable Trusts Benefit Long-Term Care Needs

  November 18, 2012     By Minko Law Office
Individual long-term care needs continue to exist, regardless of the state of the nation’s economy, politics, or changes in the law.

Estate Planning And Spouses: Is A Joint Will A Good Idea?

  November 18, 2012     By Minko Law Office
The option for creating a joint Will exists in some jurisdictions, and this is why the topic is still discussed in many law school courses

Business Planning to Reduce the Chances of Incurring Debt

  November 18, 2012     By Minko Law Office
When you start a business, it is crucial that you develop an effective business plan. Solid business planning is the foundation of success.

Class Action Challenges Propriety of 412(e)(3) Annuities

  November 14, 2012     By Lance Wallach, CLU, CHFC
On August 1, 2012, a putative class action lawsuit was filed in the District of Connecticut challenging the propriety of certain insurance contracts used to fund defined benefit plans described in section 412(e)(3) of the Internal Revenue Code. U.S. Telemanagement, Inc. v. Fidelity Security Life Insurance Co. et al., No. 3:12-cv-1110 JBA (D. Conn.).

Date of Death Values—How to Determine What a Decedent’s Assets Are Worth

  November 13, 2012     By Law Offices of Barton P. Levine
When a person dies, his or her estate must pass through the legal process known as probate. During probate, assets of the estate are inventoried.

Eight Things You Should Know about Pursuing an Injury Claim

  November 9, 2012     By Law Offices of Gary E. Rosenberg, P.C.
Eight important things that you should know when you're pursuing an injury claim.

Overview of Lyme Disease

  November 6, 2012     By The Law Offices of Joseph M. Lichtenstein, PC
What exactly is Lyme disease? What causes it and how can it be treated? Continue reading to learn more about this common and serious condition. In the U.S., Lyme disease is the sixth most common notifiable disease. Although cases of Lyme disease can occur throughout the country, 96% of the cases occur in thirteen states in the upper Midwest and the northeast.

The Decline in Estate Planning

  October 31, 2012     By Minko Law Office
According to recent surveys, only 35 percent of Americans have completed their estate planning and only 21 percent have created a trust. According to the experts, this decline started to show as the housing market and economy slowed. Some Americans feel with the unpredictability of the economy, it is too hard to focus on estate planning. After all, a lot of Americans do not know if they will keep their assets through the down economy or not.

America’s Wealthy Have Outdated Estate Plans

  October 31, 2012     By Minko Law Office
According to a recent study, a majority of American families who are wealthy enough to have a full-time accountant and legal representatives on staff have extremely outdated estate plans. In fact, more than three quarters of American wealthy families had outdated estate plans, even though 95 percent of them had significant life changes that required some form of updating to their plan.

Starbucks v. Wolf’s Borough Coffee – Charred, Not Diluted

  October 26, 2012     By Law Office of Gene Bolmarcich, Esq.
Discussion of the trademark dilution doctrine and how it has applied in a longstanding case between Starbucks and "Charbucks". Starbucks may have been shaken and stirred after its third trip to the U.S. District Court for the Southern District of New York, via two temporary layovers at the 2nd Circuit Court of Appeals and another one pending over the course of over eleven years.

Last Rights for First Sale Doctrine?

  October 26, 2012     By Law Office of Gene Bolmarcich, Esq.
Explains the controversy surrounding foreign made copyrighted goods under the first sale doctrine and an upcoming Supreme Court case addressing this issue. Attention all sellers of anything that might have a copyright attached to it, including online resellers (Craigslist, eBay, etc.), pawn shops, homeowners holding garage sales and literally anyone selling her legally owned possessions.

Wrongs Without Remedies in Intellectual Property Litigation – eBay to Apple

  October 26, 2012     By Law Office of Gene Bolmarcich, Esq.
Description of the changes in the law relating to granting injunctions in IP cases. In eBay v MercExchange, LLC (547 US 388 (2006)) the Supreme Court held that the traditional equitable factors apply to injunctions in patent cases. This was a sea change in the law involving injunctive relief in patent, copyright and trademark cases.

Intellectual Property Dumbed Down - LegalZoom’s Unauthorized Practice of Law Before the USPTO

  October 26, 2012     By Law Office of Gene Bolmarcich, Esq.
Explains how LegalZoom has avoided the issue of illegal practice of law in the field of trademark registration. LegalZoom, the giant of the “legal forms” industry, has been under attack on many fronts since 2008 for engaging in the unauthorized practice of law (UPL) stemming from the vast multitude of services it provides to its customers, such as will preparation, preparing divorce papers, incorporating businesses, and “personalizing” real estate leases.

Issues With Potential Criminal Charges: Voluntary Disclosure - FBAR-OVDI

  October 25, 2012     By Lance Wallach, CLU, CHFC
From the IRS website: New Filing Compliance Procedures for Non-Resident U.S. Taxpayers - The IRS is aware that some U.S. taxpayers living abroad have failed to timely file U.S. federal income tax returns or Reports of Foreign Bank and Financial Accounts (FBARs), Form TD F 90-22.1.