New York Business Litigation Attorney Blog

Home prices in 20 U.S. cities dropped in the year ending in May by the most in 18 months, suggesting that the housing market continues to, Bloomberg reports.

According to the S&P/Case-Shiller Home Price Index, values continually dropped in the country's largest cities.

In New York, the rate rose slightly in May compared to April. In March, New York saw it's lowest level since Jan. 2004. State levels peaked in June 2006, according to the index.

This is a difficult time for many, as their homes aren't worth the mortgages they are making monthly payments on. For others, who have disposable income and are able to purchase houses as investments, this is a great time.

There are several things an experienced Great Neck attorney will do help a buyer in a residential purchase:

• Review and explanation of your purchase contract
• Assurance that there are no outstanding claims against the property
• Preparation of all legal documents related to the purchase
• Interaction with your lender to clarify or amend terms of your loan
• Review and confirmation of any costs for which you're responsible
• Assistance with title insurance
• Attendance at your closing to review

But an attorney is also necessary for lenders who are opening lines of credit for buyers, especially during this economic downturn when there is increased scrutiny of mortgages, brokers, lenders and the real estate business in general.

• Review of all relevant documents
• Management of loan document preparation
• HUD-1 Settlement Statement preparation
• Management and disbursement of loan proceeds
• Appropriate disposition of executed documents

A glut of foreclosure filings will keep new home prices from rising this year, experts believe. A nationwide unemployment rate hovering around 9 percent as well as shrinking home equity are also factors.

"Home prices have yet to find a bottom," said John Herrmann, senior fixed-income strategist at State Street Global Markets LLC in Boston. "Buyers are incredibly cautious. They are concerned about the unemployment rate. There is uncertainty about the economic outlook."

While this is an unprecedented time for many Americans, the uncertainty of the real estate market has made properly written and documented contracts so essential. With many allegations of mortgage fraud and other real estate-related scams as well as bank fraud and complaints made against lending institutions, it is critical to make sure a seasoned attorney can assist with a transaction from the start.

Consumers require protection because many aren't familiar with the terms and conditions that big business uses. This opens opportunities for fraud against consumers. But at the same time, businesses, including lending institutions and real estate-related companies, must protect themselves from loopholes in written contracts in order to ensure they don't get hit with litigation in the future.

Continue reading "New York Homeowners Need Experienced Law Firm When Dealing with Mortgages, Foreclosure" »

Following the 20-day jail sentence for former NBA player and current ESPN analyst Jalen Rose for a DUI offense in Michigan, some have questioned why there is so much discretion for judges state-by-state when it comes to this crime.

A new report by USA Today shows that where you get arrested for DUI plays a large role in what type of punishment you can face. It goes unargued that there is disparity in sentencing from state to state and usually judge to judge in all criminal cases in New York, not just in drunken driving charges. But fighting the charges, wherever they are, is essential.

In Rose's case, he was arrested in March in the Detroit suburb of West Bloomfield. Research shows that had he been arrested, for example, in Pontiac, another suburb, he likely wouldn't have faced any time in jail, Michigan state statistics show. Rose crashed his Cadillac Escalade on March 11 and was arrested that day.

According to the news article, Rose's case highlights the inconsistent punishment handed out for drunken drivers throughout the country. Alaska, Tennessee and Georgia are among the states with mandatory jail time for first offenders, locking up defendants for three, two and one day, respectively. California, Connecticut and Indiana, however, don't require jail for first-time offenders.

In Wisconsin, the penalties are even weaker -- a first-time offense for DUI isn't even a crime. It's a civil infraction that results in a ticket.

"There are no set guidelines on this. There's no national standard on this," said Alex R. Piquero, a criminology professor at the University of Texas-Dallas, who has studied drunken driving for more than 20 years. "There is a lot of discretion. It's like a ref on the football field. Everyone holds on every play. Which one is the most egregious of the offense?"

The article cites statistics from the National Highway Traffic Safety Administration that state that driving under the influence was blamed for 12,744 traffic deaths in 2009. FBI statistics show that 1.4 million people are arrested annually for DUI nationwide.

Some experts don't believe that jail time is effective in reducing repeat DUI offenses. However, most say that sanctions, such as an ignition interlock device, which is installed in a vehicle and requires a person to blow into a tube and be sober to start the vehicle, are more effective.

In New York, a first-time offender can be charged with a felony and face up to four years in prison if there is a child in the car. In bordering New Jersey, a first-time offense requires a mandatory 12 hours in jail. In Connecticut, along with no jail time unless someone is injured or killed, the conviction can be expunged after completing an alcohol education program.

Obviously, location is a huge factor. But also a factor is the attorney chosen to defend the case. An aggressive criminal defense attorney can sometimes get key pieces of evidence thrown out of the case and prove that officer actions were improper in the handling of the investigation. The penalties are serious and require a defense that can protect the defendant's rights.

Continue reading "Punishment for DWI In New York Depends Where You Live, Report Shows" »

Divorce in New York can be a painful experience, but with New York's law change that no longer requires couples who want to split to prove why, legal separations have increased, the New York Post reports.

The newspaper reports that divorce filings are up 12 percent since last October, when the state adopted no-fault separations, which allow couples to split without having to prove why. There were 37,015 divorce filings statewide from October 2010 through May, compared to 33,160 in the same time frame a year ago.

Under New York's former system, husbands and wives had to prove grounds for dissolving the marriage by providing embarrassing -- and often false -- testimony.

"The Ten Commandments say, 'Thou shalt not commit adultery,' " Woody Allen once quipped. "But New York state says you have to."

Attorneys believe the process is now much easier and less expensive to couples because attorneys no longer have to spend time deciding with clients which option to choose for why the marriage should be dissolved -- whether adultery, cruelty or refusal of sex for more than a year -- was to blame for the breakup.

Along with the rule change that no longer requires a reason for the split, the state put into effect a rule in October that the wealthier spouse pay the attorneys fees. That has led to an increase in filings as well.

According to statistics by the New York State Department of Health, divorces overall statewide were on a steep decline in the last five years leading up to 2009, the most recent statistics available:

2009: 50,310
2008: 53,166
2007: 55,243
2006: 59,928
2005: 59,479

Most people would likely attribute those statistics to the economy. Many people were forced to live together because of financial reasons in order to continue paying rent and keeping up with the rising cost of living expenses.

Divorce can be an emotional process and can leave emotional scars and create baggage that can take years to resolve. It's an already difficult decision often because of years invested with another person.

Issues relating to child custody, child support, alimony, division of assets and debts and how to avoid costly taxes in a divorce are all factors that an experienced Great Neck divorce lawyer will be able to sort out.

The law change, if it makes the divorce process easier, will be beneficial to those couples who no longer believe their marriage works. Not having to bring up years-old, personal secrets about their lives is less intrusive. While some believe that divorce is far too easy and people aren't willing to stick it out to see if it works, there are often examples of times when a couple simply must break up, whether because of abuse, infidelity, dishonesty or other reasons.

A New York City divorce attorney can work to eliminate the emotion, protect the future financial stability of the client and see that the process is as painless as possible for those going through the split.

Continue reading "New York Divorce Filings Rise With Option of No-Fault Separations" »

A lawsuit claiming the city misused millions of dollars in state money earmarked to reduce class size was dismissed recently by an appeals court, The New York Times reports.

Because the appeals court made a unanimous ruling, the article states, it's unlikely the union will appeal, but rather will put pressure on the state's education commissioner to hold the city accountable for recently rising class sizes.

New York education law attorneys know their are many factors that go into whether a student is treated fairly, or whether teachers' rights are violated in the workplace. Every student in a public school deserves an equal education, regardless of where they live. And they have a right to reduced class sizes, which can aid in their learning.

According to The Times, the suit was brought by the United Federation of Teachers, other unions and community groups, that questioned how more than $760 million in state funds allocated to the city had been spent. The money resulted from a measure passed by the State Legislature in 2007 after a court ruled that New York City schoolchildren were being deprived of their constitutional right to a sound, basic education, in part because of excessively crowded classes.

And despite the new money, and a decline in student enrollment citywide, class sizes had increased in recent years, according to the lawsuit, which was filed in State Supreme Court in the Bronx.

Average class sizes have increased since 2008, education officials acknowledge, but that is because of budget cuts, which have hit even as teacher salaries rise. Compounding matters, the amount of money provided by the state under the law, which is supposed to increase each year, was frozen in 2010, meaning that additional teachers could not be hired.

Due to budget cuts, the full amount of money for class-size reduction never materialized. And a former state commissioner, David M. Steiner, excused the city from class size reduction targets in all but 75 schools.

According to a five-year plan, by 2012 the city was supposed to reduce class sizes in kindergarten through the third grade classes to an average of fewer than 20 students from 21; in middle grades to 23 students from nearly 26; and in classes of core high school subjects to 24.5 students from 26.6.

Most people consider discrimination matters that occur in the workplace, such as based on race, age, national origin, gender, sexual orientation or disability. It can also apply to those seeking public housing, lines of credit and public accommodations, such as in restaurants, hotels and other facilities.

But discrimination can happen to our schoolchildren as well. Those who grow up in one part of the city shouldn't be subjected to larger class sizes, less-qualified teachers and more run-down facilities compared to children who are from a different part of town.

These injustices happen and they must be challenged. And often it requires the determination of a New York City education rights attorney who knows the law and has the experience to see that what is right and good for our children be done.

Continue reading "New York City Wins Round in Class-Size Lawsuit" »

Consumers make the economic world go 'round. Especially here in the metro New York area, how much people spend and where they spend it is always tracked.

Especially in the current economic climate, consumer rights in New York is a critical issue. Because precious dollars are few for many people, getting what you pay for is critical.

According to the Better Business Bureau, there were more than 844,000 complaints against businesses in 2010. That's compared to 948,305 in 2009. Most of the complaints are related to television, cell phone companies, auto dealers, banks and collection agencies, the BBB reports.

CNNMoney recently reported about the most common complaints that consumers make, showing that protections from all sectors of business must be in place. Businesses sometimes accidentally, and sometimes intentionally, ripoff customers. That's why hiring a New York City consumer attorney can help sort out problems between the customer and the company. Sometimes it takes litigation in order to hold companies accountable for shady practices.

1. Autos: People shopping for cars or getting auto repairs reported that they got swindled by false advertising, lemons, or received faulty auto repairs. Autos typically rank as the top consumer complaint over the past three years.
2. Credit/debt: Consumers complained about credit card billing, fraudulent mortgages, credit repair and debt help services, predatory lending and harassing debt collection agencies.
3. Home improvement/construction & retail sales: These two types of complaints tied for third place on the list. Consumers complained that home improvement and construction companies didn't finish work they started or the quality of the work they did was low.
4. Utilities: Consumer complaints included problems with service and disputes with bills relating to phone, cable, satellite, Internet, electric and gas services.
5. Services: Inadequate work, misrepresentations about services and lack of licenses were were chief complaints.
6. Internet sales: Consumers complained that Internet retailers didn't deliver products that they ordered or misrepresented items that were purchased.
7. Household goods: Consumers complaint about faulty furniture or appliance repairs. Other complaints included goods companies failed to deliver.
8. Landlord/tenant: Renters complained about unhealthy and unsafe conditions, landlords who didn't make repairs. Deposit and rent disputes and evictions were also cited.
9. Fraud: Fraud is new to the list, with many consumers complaining about a range of scams including work-at-home schemes and fraudulent sweepstakes and lotteries.
10. Home solicitations: Telemarketers and mail solicitations fail to deliver their services or violate do-not-call rules crack the top 10.

Continue reading "Top 10 New York Consumer Complaints" »

A former JPMorgan Chase & Co. business banker recently pleaded guilty in New York state Supreme Court to grand larceny, identity theft, falsifying business records, forgery and scheme to defraud after stealing more than $1.1 million from the bank and its customers, Bloomberg reports.

Years ago, the only identity theft people had to worry about was if a pickpocket stole a person's purse or wallet and began using their credit cards to make illegal purchases. Identity theft in New York and throughout the country is now tied to physical theft as well as internet-based crimes. Internet-based crimes now account for a large portion of thefts in the United States as well as abroad.

Hao "Howie" Wang, 28, of Newark, New Jersey, pleaded guilty recently in New York state Supreme Court to grand larceny, identity theft, falsifying business records, forgery and scheme to defraud, the office of District Attorney Cyrus R. Vance Jr. said in a statement, according to Bloomberg.

He was arrested in November and indicted in December. He worked at a retail branch on Park Avenue from 2007 to 2008. Prosecutors allege his scheme lasted about a year.

In one instance, prosecutors said, he stole a person's identity without their knowledge to obtain a $100,000 loan by falsifying records. The government alleged he stole hundreds of thousands of dollars and transferred money to offshore accounts. He could have faced up to 25 years in prison, but will be sentenced to two to six years in prison plus restitution.

According to the Internet Crime Complaint Center, there were more than 303,000 internet-based criminal complaints in 2010. That was down from 336,600 in 2009, the all-time high.

New York ranked third in the nation behind California and Florida regarding perpetrators from the same state as the complainant with 29.4 percent. According to the center, New York made up 5.8 percent of the complaints of internet-based crime, which ranks it fourth in the nation.

According to the agency's annual report for New York, non-delivery of merchandise was the number one complaint made by New Yorkers in 2010:

Non-delivery of merchandise: 20.1%
Identity Theft: 18.2%
Auction Fraud: 12.9%
Credit Card Theft: 7.6%
Miscellaneous Fraud: 6.4%
Computer Crimes: 4.9%
Overpayment Fraud: 4.2%
Advanced Fee Fraud: 3.8%
SPAM: 3.4%
Illegal Business: 2.4%

The majority of the monetary loss ranged from $1,000 to $4,999 and lower. Only 9.9 percent of the complaints resulted in losses above $10,000. The top dollar complaint, according to the report, was $245,000, while the reported loss exceeded $26 million.

Having one's identity stolen can be a painful reminder that a person must take all precautions to ensure their Social Security Number and financial information is secretly guarded at all times. While online business can be convenient, consumers should take special care to make sure they protect their interests. And victims should consider consulting with a Great Neck identity theft lawyer if they wish to be reimbursed or seek payment for losses.

Continue reading "Former JPMorgan Banker Admits to New York Identity Theft" »

A recent column posted on townhall.com suggests that shared parenthood is the new trend taking over child custody battles in New York divorce cases.

Family law can be an emotional area in the justice system because it involves those closest to us. Chief among family law issues is divorce. These matters must be handled carefully in order to minimize the amount of stress and emotional turmoil these cases can cause all while making sure the future financial stability of the spouse is protected.

In the article, the columnist points out that while there are more divorces now than ever and the dynamic of the family has changed, with women working and building careers and some men taking a more active role at home.

In years past, it was standard for men to have to pay significant amounts of child support, sometimes on top of alimony. Being late on a payment meant the father was a "deadbeat dad" and often was sent to jail for non-payment, despite a possible job loss or outside circumstance.

According to the U.S. Census Bureau, 83 percent of custodial parents are mothers, a figure that has gone unchanged since 1994. And some believe children can develop parental alienation syndrome -- a dislike of one parent usually brought on by the custodial parent after a divorce.

But advocacy groups, typically those representing fathers, have fought to make shared parenting an option in divorces in states throughout the country. Shared parenting means just that -- the child or children live equally with each parent rather than a once-a-weekend or once-every-other-week arrangement.

Below are some questions and answers regarding child custody and visitation in New York by the New York State Unified Court System:

Q. What is custody?
A. There are two types of custody. One is legal custody -- the right and responsibility to make decisions for a child and the other is residential or physical custody -- where a child will live.

Q. In awarding custody, do New York courts favor one parent over another?
A. No. The law says a custody award is based on what's best for the child.

Q. What do courts think about when they decide what's best for a child?
A. Many things, including:

•which parent has been the main care giver
•the parenting skills of each parent, their strengths and weaknesses
•the mental and physical health of the mother and father
•domestic violence in the family
•work schedules and child care plans of each parent
•the child's relationships with the rest of the family
•what the child wants, depending on the age of the child
•each parent's ability to cooperate with the other parent

Q. If one parent has sole custody, can the other parent visit the child?
A. The courts generally want children to have a relationship with both parents.

Q. What kind of visits are there?
A. Visits can be unsupervised, supervised, or therapeutically supervised. They may involve a neutral site or monitored exchange:

•Supervised Visits: A parent can't be alone with the child. The court will choose someone to supervise the visits if there are concerns about a parent's ability to act properly.
•Therapeutic Supervised Visits: A mental health professional supervises the visits and can try during the visits to improve the parenting skills of the parent.
•Neutral Place of Exchange: A safe location where a child goes from one parent to the other for visitation.
•Monitored Transition: A third person is present when the child goes from one parent to the other for visitation.

Continue reading "New York Child Custody Turning Toward Shared Parenting Agreements" »

Federal Bureau of Investigation agents raided homes in Brooklyn and Long Island recently in connection with a hacker group called Anonymous that attacked PayPal's Web site last year, the New York Daily News reports.

While there were no local arrests, agents in nine other states arrested 14 people after PayPal's Web site endured a cyber attack last year after the company refused to accept payments to be sent to WikiLeaks in response to the thousands of leaked classified diplomatic cables. PayPal is a service that allows people to send and receive funds and make payments. WikiLeaks is a non-profit group that publishes classified information that it obtains from the government and private companies.

While there haven't been any local people arrested, it appears federal agents believe that some on Long Island and in Brooklyn bear responsibility for the crime. Computer crime charges in New York require an aggressive defense, regardless of the allegations. And cyber crimes can be difficult to prove because they occur over the Internet and not in public, like most crimes.

Anonymous, a hacker group that took responsibility for the compromise of PayPal's site, said it did so after PayPal cut ties with WikiLeaks. PayPal had accused WikiLeaks of violating its policy prohibiting the payment service from being used for illegal activities and refused to process donations to the controversial whistleblowing site. The defendants are charged with conspiring to damage PayPal computers.

According to The Washington Post, arrests were made in Alabama, Arizona, California, Colorado, Washington D.C., Florida, Massachusetts, Nevada, New Mexico and Ohio. The defendants ranged from 20 to 24. The group also claimed responsibility for disrupting the Web sites of Visa and MasterCard, when those companies stopped processing donations to WikiLeaks in December.

Bloomberg News recently reported that cyber crimes cost businesses millions of dollars not only to recover lost information, but also in drops to their stock prices after attacks. The article is based on the recent breach of Sony, whose PlayStation Network was attacked and thousands of users' personal and financial information was exploited.

Bloomberg reports that cyber attacks in the United States made up 31 percent of data breaches in 2010, costing U.S. businesses about $7.2 million. About 85 percent of all U.S. companies have experienced one or more attacks.

Online-based crimes can be tough for law enforcement to crack, however. Because information can be sent and received through extensive networks and throughout the world, the charges can be difficult to prove. Knowing when and where an alleged crime occurred is also a challenge. Prosecutors must be able to pinpoint when a crime happened and where it happened in order to secure a conviction. Obviously, they must also be able to prove the accused participated.

Hiring an experienced criminal defense attorney in New York is critical to protecting your rights. If you are suspected of a crime or are being investigated, don't speak with law enforcement until you consult with an attorney. Your actions or words can be used against you. Protect your rights and seek justice.

Continue reading "Long Island, Brooklyn homes raided by FBI in PayPal Hacking Hit" »

A lawsuit between powerhouse coffee company Starbucks and a South Dakota communications company shows the great lengths that companies will, and should, go to in order to protect their identity.

In Starbucks Corporation v. South Dakota Network LLC, the communications company alleges that by Starbucks using "SDN" in promoting its Starbucks Digital Network to customers using free wireless, it infringes on SDN Communications.

Intellectual property matters -- copyright and trademark issues -- are essential to maintaining and growing a business. Without the law to sort out companies unlawfully using another company's hard-earned image, there would be chaos. Thankfully, New York has many laws and processes dedicated to sorting out these common squabbles that can cause a business to go under.

In the Starbucks case, the Seattle-based coffee chain sued the South Dakota information-services company in a trademark dispute, Bloomberg reports. According to court documents, South Dakota Network LLC, which does business as SDN Communications, is owned by 17 telephone companies in the state, offering business services in 19 western states and telecommunications in 36 states.

The company has objected to Starbucks' use of SDN, an acronym that refers to the Starbucks Digital Network, its free Wi-Fi service for customers. Starbucks has received several cease-and-desist letters from the South Dakota company, accusing the coffee company of willful infringement of SDN Communications' trademarks.

Starbucks has asked a judge in the U.S. District Court, District of Nebraska to stop the communications company fro threatening to file an infringement suit and requests attorneys' fees and litigation costs. Starbucks says the allegations "casts a cloud over Starbucks' ongoing use and development of the Starbucks Digital Network."

This type of dispute is common, but it's also a critical aspect of business law in New York and elsewhere. Small companies especially must fend of larger corporations who attempt to use logos, sayings, graphic designs and other information in the marketing of their own business.

Sometimes, a letter from an experienced and well-trained New York intellectual property lawyer can get the job done, causing the other company to back down and stop using information that isn't theirs. But other times, they simply won't stop and litigation is required. But whatever the strategy, protecting a business is paramount.

Other times, defending these types of cases is essential. It's possible that one company tries to bring legal action against another who has the legal authority to use a certain logo or saying, despite claims by the other side. Perhaps that company began using the information first and it needs to be sorted out in court.

The article also cites trademark problems between two cupcake companies and a copyright issue between Google and a group of publishers, who allege the search-engine company unlawfully digitizing books and offering free previews. As you can see, this area of law spans to every field of business and in all kinds of situations.

Continue reading "Starbucks Corporation v. South Dakota Network LLC Shows New York Copyright Infringement Law in Action" »

Retail giant Target is beginning to face the same union pressures that Wal-Mart has dealt with for a decade, with employees seeking to join together to increase their pay and benefits, The Associated Press recently reported.

There are some 7.6 million public employees who belong to unions and another 7.1 million private sector workers who are unionized. New York leads all states in union memberships, where more than 24 percent of wage and salary workers are union members. Union disputes are common and for that reason, New York union labor laws have been established to help when there are issues between employers and employees.

According to the wire service, Target had its first union election in two decades in June after workers in Valley Stream, on Long Island, complained of skimpy wages and reduced hours. But the measure failed after Target told workers the store may close if they voted to unionize.

Wal-Mart is the country's biggest target for labor groups as the largest U.S. private employer, but unions have increasingly targeted, well, Target, the nation's No. 3 retailer as it expands into the heavily unionized grocery business.

Along with New York, labor disputes are expected in large cities like San Francisco and Minneapolis. Already, the United Food and Commercial Workers International Union's Local 1500 New York chapter, which organized the election the Valley Stream store, wants to contest the election results and ask the government to order a new one, alleging Target intimidated workers. It hopes to get all 26 stores in the New York area unionized.

A Target spokeswoman didn't comment on its strategies to counter an escalating labor fight.

"Our emphasis is on creating a workplace environment where our team members don't want or need union representation," spokeswoman Molly Snyder said. "Target works to create an environment of mutual trust between Target and our team members -- an environment that promotes listening, responding to concerns of team members and always giving honest feedback."

The article lays out the different treatment Wal-Mart and Target have received. Both stores pay employees between $9 and $11 per hour, but Wal-Mart has battled labor unions and politicians seeking to ban it from opening stores amid allegations of poor treatment of workers, while Target has 10 stores in the five New York boroughs.

Target employes 355,000 workers and operates 1,700 stores compared to Wal-Mart, which has more than 4,000 stores and 1.4 million workers. But the increased scrutiny of Target may be coming because of its plan to expand its grocery business, which can shrink the business of unionized supermarket chains.

Labor issues can be highly emotional, whether on the workers' side or the corporation's side. These disputes can become ugly and require experienced New York labor lawyers to sort out the problems. Whether a company that feels a union would pull it apart or a group of employees who demand respect and better pay, our law firm can help.

Continue reading "Retail Giant Target Facing Union Pressure in New York, Throughout the Nation" »

A new study found that a majority of Americans recognize the importance of setting up a will or estate planning, yet few have the necessary documents in place, The Wall Street Journal reports.

Planning a will or establishing a trust is an important step for anyone, regardless of age. People tend to think that putting together a will or planning a trust or estate is a far-off duty, one that can be put off. But death can happen at any time and people must prepare to divide their assets among surviving family members so they aren't forced to squabble about it after you die. If not handled properly in life, survivors may turn to a contested will in New York to straighten things out. That can be contentious and cause hurt feelings and anger in a family that can be settled with proper planning.

According to the survey, 60 percent of Americans surveyed believe all adults should have a will or estate planning documents in place, yet only 44 percent reported they have that paperwork readied. Yet more than one third -- about 36 percent -- with minor children don't believe that wills or estate plans are among the most important documents to have on hand. Rather, they believe that birth certificates (76 percent) and titles and deeds for property and vehicles (70 percent) are more critical.

While 75 percent of parents with children in the household understand that a court will decide who the children's legal guardian becomes if there is no will at the time of both parents' deaths, shockingly only 39 percent have any estate planning documents in place.

"The 2011 EZLaw Wills & Estate Planning survey shows parents may not be taking the necessary steps to ensure their wishes for the care of their children and estate are followed in the event that both parents were to pass, for example due to an accident," said David Palmieri, vice president and managing director of Marketing and Consumer Solutions at LexisNexis.

Some of the common reasons given for not making a will or estate planning a priority vary. About 37 percent of those surveyed cited a focus on "essentials," such as paying bills and buying groceries, as the top reason for not planning for their assets. Other reasons include:

• Not necessary (18 percent)
• Too complicated to deal with right now (16 percent)
• Too expensive (14 percent)
• Belief that their spouse and children will automatically receive any assets they have (13 percent)
• Too time consuming (6 percent)

Americans 18-34 years old are more likely to report they are more concerned with their health (64 percent), having money to retire (52 percent) and maintaining their weight (51 percent) rather than protecting their financial assets (44 percent). One in five Americans in that age range believe that wills are less important because people live longer, healthier lives.

Continue reading "Survey: Americans Think New York Wills and Estate Planning Important, But They Don't Do It" »

A federal judge recently ruled that a lawsuit filed by New York City public housing residents alleging their rights were violated because the New York City Housing Authority allowed police checkpoints is allowed to continue under class action status, the Courthouse News Service reports.

The residents complained that police "indiscriminately stop and question every person they observe, without objective individualized suspicion of a crime, and unlawfully arrest individuals for trespass without probable cause." The lawsuit alleges the city didn't supervise and discipline officers for these actions, either.

Discrimination in New York comes in many forms. While it may most commonly be considered in terms of a work environment, when a person is denied a promotion, a job or opportunities because of race, gender, sexual orientation or other factors, it is also applies in public settings. Public housing applicants, consumers and others can face unlawful discrimination throughout their daily lives.

The Fair Housing Act of 1968 prohibits discrimination in the sale, rental and financing of dwellings and in other housing-related transactions based on sex, race, color, national origin, religion, familial status and disability. It is just one of many laws designed to protect the rights of those dealing with public housing.

Regardless of how discrimination happens, it can be unjust and must be addressed. Sometimes, it can take only a simple discussion about the facts to get things resolved, but other times the problem is so deeply ingrained in a business or public entity that it can't be fixed that easily. Sometimes, litigation is the only way to publicly expose a problem and get it fixed.

In 2009, the Civilian Complaint Review Board filed a flurry of complaints with the housing authority, prompting police to revise the patrol guide to provide guidance to officers in dealing with housing authority properties. The department also received training on how to question people on public housing sites.

But residents still complain there is no evidence the training has paid off. And the judge, in a 22-page order, said that dismissing the lawsuit at this stage would allow officers to continue their ways, despite paying $2.7 million for training, without any change or accountability.

This ruling is a positive step for those who feel their rights have been violated and it will possibly give them the chance to prove to a jury that their rights have been violated by police officers. The beauty of our court system is that it is a checks and balance system for those who do wrong as well as for those who file unjust lawsuits.

And if someone is facing civil rights violations in New York or elsewhere, they should have the right to have a jury decide whether they are right or wrong.

People in public housing and others who are economically challenged sometimes lack hope and believe no one will stand up for them. But there are many lawyers in the tri-state area who can help. Consult with an attorney who will investigate the case, put in the time and do what's right.

Continue reading "Class Action Lawsuit May Continue Against NYC Over NYPD Checkpoints" »

Three sisters from Long Island recently filed a sexual harassment lawsuit against a popular restaurant where they once worked, CBS News reports.

Every American enjoys certain civil rights that people in other countries often don't have. And one of those rights is to be free from harassment either in public or at work. But, inevitably, there are people who can't control themselves and for one reason or another, violate the rights of co-workers on the job.

According to the U.S. Equal Employment Opportunity Commission, there were 11,717 claims of sexual harassment on the job in the United States in 2010. Of those, only 16.4 percent were filed by men, but that was an all-time high. Among those claims, there were more than 1,400 settlements that resulted in $48.4 million in benefits for those who were harassed.

But there is a difference between sexual harassment and sexual discrimination. Discrimination means not getting a promotion, getting hired in the first place or missing out on a perk of the job not based on performance, but because of a person's gender. Sometimes, this discrimination is out in the open for all to see, such as a preference by the boss in hiring and firing decisions. But sometimes, it is hidden in board room meetings and private discussions that requires a whistleblower to step in and put a stop to.

Harassment is something different altogether, but can be very dangerous. Harassment means getting unwanted e-mails, sexual advances or a boss trying to trade sexual favors for promotions and other benefits. Like discrimination, this is unacceptable and unlawful.

In the case of the three sisters, they allege that their former boss and co-worker used lewd comments around them and directed at them, grabbed and touched them routinely without their consent and made the work environment uncomfortable. In 2008, a cook at the restaurant was convicted of attempted sexual abuse for attacking one of the girls in the restaurant's basement. The women, who were teenagers when they worked there, are seeking unspecified damages in federal court.

As our community becomes more and more diverse, it is crucial that our standards and laws are upheld. It is unjust that people are overlooked and treated unfairly, however the law is designed to help and correct these flaws in society. New York State has many laws that were created with people in mind and are used to give people the aid they need in tough times.

Often, people who face discrimination and a violation of civil rights feel they have little help on their side and are facing an uphill battle. But consulting with an experienced law firm is the best first step. A competent lawyer will assess your case, investigate the facts and determine the best course of action.

Perhaps a strongly worded letter to an employer will get their attention, move them to create policy changes and deal with co-workers who may be causing problems. Or perhaps litigation is needed to ensure your rights are upheld. Whatever the answer, a diligent employment lawyer can help.

Continue reading "Long Island Sisters File Sexual Harassment Lawsuit Against Restaurant Owner" »

Verizon Communications Inc. will pay $20 million to settle a lawsuit over unlawful policies for disabled workers, the Equal Employment Opportunity Commission said in resolving its largest discrimination case, Bloomberg News reports.

This is great news for those protected by the Americans With Disabilities Act, which aims to afford all Americans the same rights, regardless of physical or mental setbacks.

Unfortunately, there are still many claims of discrimination in New York and elsewhere throughout the country. According to the Equal Employment Opportunity Commission, there were 99,922 charges of workplace discrimination in 2010, which was up about 7.1 percent from 2009. Of those, 25,156, or 25.2 percent, were related to discrimination based on disability.

In the Verizon case, the New-York based telecommunications company fired or disciplined 24 employees when they needed more time off than allowed by the company's leave policies. The company refused to make exceptions for disabled workers who needed "reasonable accommodations" in order to work, according to a statement released by the commission.

"Hopefully this nationwide decree will further public awareness of the importance of engaging in an individualized interactive process to determine whether a disabled employee must be accommodated" under U.S. laws, P. David Lopez, the agency's general counsel, said in the statement.

Employees should be aware that there are many forms of discrimination that can affect them, ranging from not being hired because of a non job skill related reason to not getting promotions based on skin color or other attributes.

A number of federal and state laws prohibit companies from discrimination in the workplace. While businesses have some leeway in how they treat employees -- such as requiring certain dress, hair styles, etc., there are many things they can't legally require you to do.

And your boss can't deny you promotions, training opportunities, key assignments and other perks based on unlawful reasons, such as:

• National origin
• Sex
• Race and color
• Age
• Creed
• Disability
• Marital status
• Sexual orientation
• Familial status
• Military status
• Arrest/conviction record
• Status as a victim of domestic violence
• Predisposed genetic characteristics

New York has taken many steps to ensure its citizens have recourse if they encounter unfair treatment for any of these reasons.

And while the New York City Commission on Human Rights and other governmental agencies are paid to help those who face discrimination, the process can be long and drawn out and may not ensure the best results. It is best to first consult with an attorney if you feel your rights have been violated at work.

Continue reading "Verizon Resolves Disability Workers Case for $20 Million" »

A lawsuit filed by five former Starbucks assistant store managers in Long Island and New York has been dismissed by a judge, CNBC reports.

A federal judge found that the world's largest coffee chain didn't cheat employees out of customer tips. In an ideal world, the employee/employer relationship is comfortable, smooth and without conflict. But in reality, there are times when New York employee benefits or other work-related issues come up and need to be addressed.

Often, it's important to consult with an employment law attorney to make sure an employer is following the rules.

In the Starbucks case, the assistant managers alleged that the plaintiffs had a right to share in money left in the plexiglass cube containers known as tip boxes that the company places beside cash registers. The former employees also alleged the company coerced or required them to put tips that customers left them personally into the boxes for all employees.

The conflict comes between baristas and shift supervisors, who are typically part-time hourly workers and store managers and assistant store managers, who are typically salaried and receive other benefits, such as holiday and sick pay and life insurance. The former group handle and receive tip box proceeds, according to the court rulings, while there is no written company policy regarding the latter group.

The former managers alleged Starbucks violated state labor law by denying them tips, given that they performed similar duties to eligible workers, and forcing them to contribute to tip pools. But the federal judge said the "plain language" of state labor law doesn't grant workers any right to share in such pools.

Wage issues between employers and employees can be a difficult issue to bring up. For one, with New York's unemployment rate at 7.9 percent in May, according to the New York State Department of Labor, people are willing to deal with some injustices to keep a steady paying job. Many people are searching for a job and therefore losing a job after complaining about a lost benefit or wage can be difficult for some people to consider.

But while rocking the boat may not be your style, holding companies accountable for breaking the law is necessary. There's a reason there are laws on the books that regulate how employers are supposed to treat their workers and what obligations they have to create a fair environment where benefits are paid properly.

There are many areas of New York Employment Law that can help address and correct problems in the workplace. Many issues relate to unpaid benefits, wages and other matters businesses should be handling for their workers, such as:

• Pensions
• Health plans
• HIPAA
• COBRA
• Severance
• Fiduciary responsibilities
• 401(k) plans
• Compliance

Handling these matters requires care and yet the proper amount of force to resolve the issue and keep the employee from suffering discrimination and other wrongs on the job. Consulting with a Labor Lawyer can help you deal with the issue quickly and without litigation.

Continue reading "Starbucks Tips Lawsuit Dismissed in New York Court" »