New York Business Litigation Attorney Blog

Lawyers in California recently argued before an appeals court there that potential jurors shouldn't be dismissed from duty based on their sexual orientation in a case that could have nationwide implications.

Criminal law in New York and nationwide is always evolving. Court rulings on previous cases throughout New York can be applied to a defendant's case if the facts are similar and sometimes there are sweeping changes that affect every case that goes forward.

At one time, a person wasn't read rights before they spoke to police, but in 1966 Ernesto Arturo Miranda appealed his conviction and the U.S. Supreme Court ruled that police must clearly tell a suspect they have a right to remain silent, that what they say can be used against them and that they can speak with an attorney, in accord with the Fifth and Sixth Amendment rights of Americans. Before that, no one was read a Miranda warning.

It sometimes takes a landmark case, a panel of judges who are willing to listen and an experienced Great Neck criminal appeals lawyer to make history. Any case can one day affect all cases.

In Los Angeles, a gay Nigerian-born man was convicted of assault, but during jury selection of his trial, a lesbian was stricken from the jury. The U.S. 9th Circuit Court of Appeals in Pasadena recently heard the appeal, where the man's attorneys asked the judges to find that the trial judge made a mistake when accepting a bogus reason for the prosecutor dismissing the lesbian during jury selection.

At trial, the man's defense was that he was giving a hug to a man, which is a salutary gesture in his homeland, and the homophobic man overreacted, lunging away and falling to the floor with the defendant on top of him.

This case could end up being historic. For more than 25 years, a person hasn't been able to be dismissed from a jury because of their race, after a case out of Kentucky was successfully appealed and states changed that aspect of jury selection. Prosecutors once sought to keep minorities off juries, thinking they might be sympathetic to a minority defendant.

These are major issues that shape the criminal justice system in America. A criminal defense attorney is critical because a defendant's trial can mean the difference between liberty lost and freedom won.

But an appeal is also important because everything that happened in a criminal case must be reviewed to determine if the judge, prosecutor and defense attorney made mistakes. If a person's rights weren't upheld, a successful appeal can right those wrongs and get someone a new trial or the charges thrown out altogether.

Because both a trial lawyer and an appeals lawyer in New York is so important, choose wisely. Rarely do defendants get a second chance, so hiring an experienced and aggressive lawyer to handle a criminal case is critical.

Continue reading "Jurors Shouldn't Be Dismissed For Being Gay, Attorney Argues in Criminal Appeal" »

Fortune Magazine recently published an article about hidden traps that a person can run into while preparing their will.

And while it's possible that an individual can put together a will on their own, this isn't necessarily the best idea. First of all, a person who isn't trained in New York estate planning won't know the ways to best avoid taxes, handle complexities of leaving assets and setting up an executor and how to best protect your legacy.

As our New York Will And Estate Lawyers reported recently, a survey found that 60 percent of Americans believe that having a will in place or planning an estate is important, yet they don't do it themselves.

Let's face it -- planning out your demise isn't the best of times. But it's a necessary step for any adult, especially one with minor children. Even if a person doesn't have millions of dollars to leave behind, they have assets. A house, car, collectibles, even old keepsakes that mean something to family members. Proper documentation will lay out where those assets will go. Having a properly planned estate can give you peace of mind -- and make it easier on the family when you pass.

And for those with children, a will is critical. While New York intestate laws will make sure a child or children end up with family, it may not be the best scenario. Plus, there's the issue of where life insurance money or assets will go to make sure the child is taken care of financially. These are complex issues.

The article by Fortune Magazine states that an improperly filed will can lead to a person disinheriting their beneficiaries from a big portion of an estate. A 401(k) plan automatically goes to the spouse's survivor, even if the account was started before the two got married. In some situations, 401(k) money can be moved to someone else with a spouse's waiver.

Another issue is an IRA account. A will may not be able to address who gets an IRA account at the time of death, as whoever was named as a beneficiary at the time the IRA was started may end up collecting, even if it's an ex from decades ago. This can lead to estate litigation in New York and contested wills.

Reviewing these documents, at the time you decide to consult with a Great Neck Estate Planning Lawyer, can go a long way toward avoiding confusion and frustration at the time of your death. Leaving these matters unchecked can cause in-fighting and lead to bitterness among your beneficiaries, something most people wouldn't want to have happen.

Clearly, these matters are complex. This area of law has many requirements and must be handled with extreme care. As they say, the only guarantees in life are death and taxes and no one knows when death will happen. So, it would be prudent for you to put together these documents as soon as possible and plan for your family's benefit. And if there are changes in the future, a lawyer can go back over these documents and figure out the best ways to keep them updated.

Continue reading "Hidden Traps in a New York Will That An Estate Planning Lawyer Can Catch" »

New York City doesn't have "a good track record" of addressing racial bias in recruiting firefighters, a federal judge said recently as he determines how far he should go in helping to addressing the situation, Thomson Reuters reports.

Discrimination in New York takes on many forms and affects many people. Employers can unfairly treat prospective employees, by choosing not to hire them based on unlawful reasons; it can also happen to people who have already hired and who have years of experience.

A worker can face unlawful discrimination and unfairness based on their age, if they're over 40, race, gender, religion, sexual orientation, military status and other characteristics. And that's wrong.

According to the Thomson Reuters article, a federal judge has found that officials in charge of hiring in New York City have a bad record of hiring, having shown poor judgement in the hiring of firefighters.

After several trials that he decided, a federal judge in Brooklyn must now decide what the city must do to fix the problem and he must decide how far the courts must go to come up with a remedy.

The Vulcan Society, a group of black firefighters, wants a mandate that is both broad in nature and enforceable that would force city officials to address what they call a "glaring imbalance in the racial composition of the fire department." Minorities, including blacks and Hispanics, make up a large portion combined of the city's population -- about 25 and 27 percent, respectively, yet they only make up about 10 percent of the city's firefighters.

The group wants the judge to mandate the city recruit 35 percent of its firefighter applicants from black residents citywide. The group also wants the city to hire 293 Hispanic and black job seekers who have already took the hiring exam. That is an estimate that equals the number of minorities who would have been hired if they received scores as high as white applicants on past exams.

The plaintiffs are also seeking clarification on why some candidates are rejected and more open communication about the hiring process as well as an independent monitor to address racial bias allegations at the department.

Attorneys for the city claim that the city should be able to continue increasing the minority population among its ranks on its own, without court intervention.

This is shaping up to be quite a battle between the employees who are seeking a fairer process and the city, which doesn't want to be controlled by a court ruling. It's likely that whatever the decision, the losing side will appeal and the issue won't be settled for some time.

But it takes these lengthy court battles to sometimes get an employer to do the right thing and not discriminate against its employees or its prospective employees. And, likewise, corporations must use the court system to fend off litigation that is baseless and only seeks to hurt the employer's reputation.

Continue reading "Judge Prepares Ruling on What Officials Must Do To Address Racial Discrimination in New York City Firefighter Hiring" »

A woman has sued Bloomingdale's, alleging the giant department store chain that offers upscale wares discriminated against her when she attempted to purchase a men's shirt for her upcoming wedding, the Los Angeles Times reports.

Cases of discrimination are typically considered when they happen to employees at work -- when unqualified people get promotions or others get shunned based on their gender, sexual orientation, race, age, family status or other factors. Obtaining loans and renting apartments are two other areas where discrimination complaints are common. But discrimination in New York, New Jersey, Long Island or elsewhere can happen out in the public, as well.

It's a common practice in housing, especially public housing sectors, where an applicant for an apartment or house is denied for no good reason. It can also happen in the shopping sector. Some businesses may discriminate against consumers based on their skin tone or other factors that are deemed illegal.

In this case, a woman alleges she was shopping at a Bloomingdale's in Los Angeles, hoping to purchase an outfit for her wedding in 2010. She says she walked into the men's section of the store and was approached by a salesman, who allegedly asked her for whom she was buying a men's shirt and then told her he wouldn't measure her, the newspaper states.

"After some further offensive comments, (the salesman) asked, 'Why are you buying a man's shirt anyway? You're a woman,'" the lawsuit states, according to the newspaper.

The woman says the incident caused her to cry and that she hasn't brought herself to go back to the store since the whole thing happened. The department store chain reportedly offered her a free shirt, but it hasn't been enough to lure her back.

The woman's lawsuit, which name's parent company Macy's Inc. as well as Bloomingdale's, alleges sex or sexual orientation discrimination and seeks a jury trial and unspecified damages.

There are a host of ways that someone can be unlawfully discriminated against, including gender, age, race, national origin, sexual orientation, disability, and others. Public entities, such as restaurants, shopping centers and hotels, as well as creditors and housing institutions can't simply not serve or not help a customer based on those characteristics.

Nor can people in the workplace be denied promotions, or employment for unlawful reasons. Both state and federal laws regulate these matters and instruct both employers as well as public entities regarding the rules and regulations.

Consulting with an experienced New York Employment Lawyer can be advantageous in assessing the situation and determining whether the allegation qualifies under the guidelines of the law.

Bloomingdale's has 43 stores in the United States, including seven in New York and five in New Jersey, according to its web site. The chain also has a location in the United Arab Emirates.

Continue reading "Bloomingdale's Sued After Woman Alleges Discrimination " »

A recent appeal between two restaurants with the name Patsy stems from allegations of trademark and unfair competition in New York City based on the name of the restaurant.

These matters and others between businesses must be taken seriously because these issues are the very lifeblood of a company. If a business' very name is being ripped off by another, it must be defended. If consumers can get confused by the name of a business, that can translate to lost dollars and loss of value in the marketplace.

In this case, Patsy's Italian Restaurant, Inc., et al. v. Banas, et al., the owners of Patsy's Italian Restaurant got into a legal battle with Patsy's Pizzeria over the name "Patsy's." At issue was whether each chain of Italian food and pizza fraudulently obtained trademark registrations from the Patent and Trademark Office.

The lower court also refused to reinstate Patsy's Pizzeria's trademark registrations. Both sides then appealed and yet the appeals court upheld the lower court's rulings. After years of litigation, the panel of judges ruled that neither establishment can use the name "Patsy's" as its own.

According to the New York Post's account, the jury found that a Long Island franchise of Patsy's Pizzeria was using the name of Patsy's Italian Restaurant. Both restaurants claimed the late Frank Sinatra loved their food best. A Brooklyn judge ruled that neither establishment could use the name "Patsy's" alone and required the pizzeria to put a sign on the door saying the two weren't affiliated.

Patsy's Pizzeria claims it was the first to sell pizza by the slice, while Patsy's Italian Restaurant claims to have the blessing of Sinatra.

While Patsy's Italian Restaurant has been operating since 1944 and Patsy's Pizzeria since 1933, both have existed without lawsuits until recently, the appellate court's ruling states. In 1998, both began selling packaged sauce under the name "Patsy's," which caused "considerable consumer confusion," the judges wrote.

And they both sought to have the other company's trademark cancelled. It was difficult to determine which company entered the sauce market first as the alleged date was "clearly falsified," the court wrote.

Because of these issues, the two companies have gone through years of litigation in trying to protect their brand and to make sure customers don't get confused about where to spend their precious dollars. Every market is competitive and therefore, a business must do all that it can to protect itself.

That can range from official complaints to full-scale lawsuits. Properly written contracts, licensing agreements and intellectual property matters are all issues that must be ironclad for a company to continue on successfully. Once one company has found a niche or is doing well, others will catch on and try to emulate the product or the strategy in order to latch on and make money themselves.

Continue reading "Patsy's Italian Restaurant Inc. v. Banas Shows Importance of Trademark Law in New York City" »

In a recent case of Sirius XM Radio, Inc., the satellite radio company got a judge to sign off on a settlement with subscribers who filed a lawsuit and alleged the company broke the law by upping the cost after it bought out XM, it's only rival, Bloomberg reports.

Consumer rights actions in New York are often necessary to stop a large corporation from unlawfully treating its customers. When contracts are agreed upon and yet the terms aren't fulfilled, it often requires a lawsuit and sometimes a class-action lawsuit to accomplish what is right.

A class-action lawsuit is when many individuals come together with a common complaint against a company. Lawsuits from people throughout a city, state or the entire country can band together to fight injustices.

A federal judge in Manhattan recently agreed to a settlement, even over the objection of some subscribers, who contended the settlement didn't send a strong enough message. A Florida subscriber sued the company in 2009, claiming it violated federal antitrust law and consumer-protection laws when it raised prices and levied royalty fees after 2008, when Sirius Satellite Radio bought XM Satellite Radio. The class of plaintiffs said the company broke promises to get approval from the Justice Department and Federal Communications Commission.

The settlement, valued at around $180 million, determined that basic service, Internet-based listening and the music royalty fees will stay the same through the end of 2011. People who canceled service will be able to re-subscribe without paying an additional fee and those whose plans expire after the end of the year will be able to renew at current rates. Yet, subscribers got no money out of the deal.

Consumers must be protected from these large companies because without an avenue to get help, large corporations could charge whatever they wanted for products, falsely advertise their products, not properly repair broken products or expose consumers to a litany of other abuses.

While there are government-backed watchdog groups like the Consumer Product Safety Commission and other state-run programs, they can only do so much good. Sometimes these matters require a strongly worded lawsuit in order to get the attention of these companies and justice for consumers.

But there are standards that must be met in filing complaints against companies as well as whether a lawsuit is able to proceed as a class-action case. And while this area of law is complex, it can be beneficial in helping current consumers, as well as future potential consumers, in getting the goods and services they deserve.

Thousands of products each year are recalled, drugs deemed defective and vehicles that must be repaired because they weren't properly manufactured. And consumers can be injured or killed because of the negligence of companies. Corporations can't reap the benefits of shoddy workmanship or cut corners without paying the consequences. They must be held accountable and New York consumer law allows for that to happen.

Continue reading "NY-Based Sirius XM Wins in Consumer Rights Lawsuit" »

A 61-year-old Long Island lifeguard is suing New York, alleging age discrimination because he wasn't allowed to wear his preferred swimsuit during an annual qualification test, ABC News reports.

While some companies, and even public entities, make specific rules about how people can dress, which employees can and can't do certain tasks and other mandates, they sometimes don't consider those rules can violate discrimination laws in New York.

And, in other cases, officials purposely discriminate against employees and hope they don't get caught. Or, they believe that the current economic crisis our country is facing will keep employees quiet and that they'll simply deal with the discrimination in order to keep their job.

According to the news report, the Long Beach man has always worn swim jammers, which are tight shorts that fall just above the knee, when swimming or acting as a life guard. But in 2007, when he arrived to complete a re-hire evaluation at Jones Beach, parks and rec officials wouldn't let him take the test.

Boxers, briefs or board shorts, the officials told him.

"The older you get, the less skin you should show," said the man, who has spent several decades as a lifeguard on Jones Beach. "Basically, the state's been trying to get rid of the older guys. They really don't like older lifeguards."

To be a lifeguard, someone must take several timed tests, including swimming 100 yards in 75 seconds or less. He said boxers and board shorts inhibit speed. And speedos, he refuses to wear.

Government officials have denied wrongdoing. A 2007 complaint was dismissed by the New York State Division of Human Rights. In 2008, he tried to take the new lifeguard test, but wasn't allowed because of his swimsuit. He sued again in 2009 and though the New York State Supreme Court in Nassau dismissed the case, an appeals court reinstated it. The case is expected to go to trial soon.

Discrimination can come in many forms. A person may be denied employment because they are currently out of work. An important team player may not get a promotion because she doesn't look as good in tight clothing as another co-worker. Someone may face racist comments or jokes based on their skin color, speech or national origin.

Regardless of how a person faces discrimination, it's wrong. Companies don't like admitting they are wrong because it can open them up to lawsuits. So, it usually takes the legal assistance of an employment attorney in Great Neck or elsewhere to protect an employee's rights.

There's nothing wrong with one employee doing a better job than another and being rewarded. But it should be on-the-job performance, and only that standard, that factors into important personnel matters. Other factors, such as how a person looks, where they're from or how they talk shouldn't be part of the discussion.

Continue reading "61-Year-Old Long Island Man Sues For Swimsuit Discrimination" »

Many people were shocked in the spring, when Mattel was ordered to pay an $89 million jury verdict to rival MGA Entertainment over a dispute involving the popular Bratz dolls. New York Business Litigation Attorney Blog reported on the verdict in May.

Imagine their shock now, after a judge ordered Mattel to cough up an addition $220 million, bringing the total to a whopping $309 million for violations of copyright and trade secret laws in New York. The judge reduced the initial verdict to $85 million, but then added $85 million in punitive damages and $137 million in legal fees, which have piled up since 2004.

The case highlights the high stakes that businesses are in when they go head-to-head in court over a business law matter. This case also highlights the importance of strongly and clearly worded employee contracts.

The Bratz dolls, introduced in 2001 as a hipper version of other dolls on the market for girls ages 9 to 11 had pouty lips and hip-hop clothing. They were popular when introduced nearly 11 years ago.

The central issue of the lawsuit was that a Bratz designer created the dolls while he was employed at Mattel. The case also dealt with allegations that Mattel tried to crush the doll line because it was giving the long-standing Barbie doll a tough time in the market for girls' dolls. The company alleged Mattel hired spies to find out information about its designs.

Mattel, however, accused MGA of stealing the idea for Bratz and then covering up any evidence the concept wasn't created by them. During the initial trial, a jury sided with Mattel and awarded $100 million, but an appeals court overturned the verdict and sent it back for retrial.

At the second trial, a jury rejected Mattel's claims of copyright infringement and found the company had stolen 26 trade secrets worth an $88 million verdict. Legal fees have reached nearly $600 million, the report states.

As you can see, business law matters can be contentious and expensive. But it is necessary for a company to protect its intellectual property -- that is copyrighted material, ideas, secrets and other creations. Without protecting those things that have made a company unique and profitable, they will often lose out to a competitor. Trade secrets and other ideas pertinent to the future success of a company must be held tightly and if they are stolen, competitors must be held accountable.

And, as this case shows, a well laid out employment contract is critical. Allowing employees who know the secrets, the ideas and the battle plans to go to rival companies without consequence can be the death of a company. It is important to make sure contracts with prospective employees are worded to protect the business. These documents must be legally sufficient and include contingencies.

Continue reading "Mattel Forced to Pay $309 Million in Bratz New York Commercial Litigation Case" »

A sixth teen in Minnesota has filed a lawsuit against a school district there, alleging her school's staff members didn't do enough to protect her from bullying. A Missouri school district faces a lawsuit alleging the school didn't protect a student from being raped.

Those headlines are not what school districts in New York or anywhere want to see, mainly because of a student being injured, but also because of the potential financial impact a large settlement can have on the remaining students who are attempting to learn and prosper there. Education Law in New York has many facets and can include lawsuits filed against school districts, teacher-school district conflicts and even class-size and funding issues with the state.

In the Minnesota case, a lesbian teenage girl claims she was punched and called slurs after attending a middle school there and alerted authorities, who did nothing to protect her. It is an add-on lawsuit filed by five other students who are being flanked by the Southern Poverty Law Center and the National Center for Lesbian Rights.

The lawsuit claims the steps officials took after hearing about the bullying were "grossly inadequate," with some students being told to stay out of the way and lay low, Time reports. The plaintiffs want to get rid of the school district's sexual orientation policy, which instructs staff members to be neutral on sexual orientation matters.

In the Missouri case, a middle school girl alleges school officials didn't protect her from a male classmate, who allegedly harassed her, sexually assaulted and raped her. The special education student alleges she told officials about the events during the 2008-2009 school year, but they allegedly said they didn't believe her, according to the News-Leader.

The lawsuit also alleges school officials forced the girl without her parents' permission, to write a letter of apology to the boy and hand-deliver it. She was expelled and disciplined for filing a false report. When she returned to school, the harassment and assaults continued, and because the school didn't believe her, she didn't report the abuse. But her mother took her to get an exam, which showed she had been sexually assaulted and that the boy's DNA matched samples taken. The boy pleaded guilty to the charges, the lawsuit states.

Both of these situations are tragic because students were injured. And New York school districts aren't immune to these types of allegations and situations. It's possible that school officials didn't do enough to protect these students and, likewise, it's possible the school staff did their jobs, but bad things still happened.

As stated above, education law can pertain to on-campus attacks and the school's response, the accommodations given to special-needs students and even the battles between school districts and the state on matters of funding, teacher pensions in New York and other matters. Sound legal representation is needed in all cases to ensure a client's rights are protected.

Continue reading "School Districts, Parents, State Often Benefit from Education Law Attorneys in New York" »

A U.S. appeals court recently ruled it is unlawful to import and sell copyrighted works created outside the United States without permission from the copyright owner.

In a 2-1 decision, the 2nd U.S. Circuit Court of Appeals ruled that a man going to school at Cornell University violated the copyrights of publisher John Wiley and Sons when he sold less expensive editions of the company's textbooks in the United States that were produced abroad.

This ruling strengthens the rights of companies whose published works and products are created for cheap in other countries and then sold here or abroad for much less than they would by the original company. These New York intellectual property matters are prevalent throughout the city, where street peddlers try to sell everything from knockoff watches and designer bags to DVDs and movies that are still being shown in the theaters.

Copyright law is essential for any company that produces something because it allows recourse for those who unlawfully copy or rip-off the product. Intellectual property is the area of law that deals with a patent or copyright of a business' products in order to protect them from outsiders who try to profit from the original company's hard work.

In this case, according to the article, the ruling was based on a doctrine that establishes that the owner of a copy made lawfully under the Copyright Act can distribute the copy freely without the copyright owner authorizing it. But judges on the appellate court panel decided the rule in the Act only applies to products made inside this country.

To rule otherwise, the majority said, would defeat the purpose of a section of the law that stops a person from buying copyrighted works outside the country and bringing them in without the permission of the copyright's owner.

But while other circuits, as well as five New York district judges have ruled in favor of copyright owners in other cases, they disagree about whether or not the first sale law applies to works produced abroad. It's possible the U.S. Supreme Court will have to take the case to sort out the varying court opinions.

While this particular copyright law case deals with the production of books, this ruling will apply to any company that manufactures a product. Offshore production of U.S. goods has been a major issue in recent years, as many small businesses abroad have stolen the copyright owner's design and product and sold it for less, even if the original company also sells its wares in those countries.

While competition will call for undercutting on costs to impress the consumer, it can't be done unlawfully and to the detriment of the original company. These copyright and intellectual property matters must be handled by a Great Neck Business Lawyer who can work to protect a company from unfair competition and stolen ideas and products.

Continue reading "Court: Illegal to Sell Copyright Works Made Outside U.S. Without Owner's Permission" »

As technology changes the way we operate in society and takes over the way we used to do things years ago, there are new legal challenges that must be made in order to regulate how businesses can use it.

A recent Thomson Reuters article reports on Manhattan anti-trust lawsuits that were recently filed, alleging technology and communications giant Apple conspired with five of the six major book publishers to fix prices for electronic books. And after one set of plaintiffs filed a lawsuit, four other class action lawsuits were filed -- one in California and three in New York -- making similar allegations.

Anti-trust law is essentially the area of law that governs competition and prevents monopolies from occurring. It's interesting that Apple is on the other end of an anti-trust lawsuit as in 1998, the United States Department of Justice and 20 states filed an anti-trust action against Microsoft Corporation, alleging the company abused monopoly power on Intel-based computers dealing with operating system and web browser sales. The issue in that case was whether it could sell its Windows operating system with Internet Explorer software.

Today, it seems second nature for PC users to have Internet Explorer standard, but the lawsuit raised questions about whether that restricted the market for competing web browsers. After a trial and appeals, Microsoft settled with the government, agreeing to share its application programming interfaces with other companies and allow access to the company's systems, records and source code for five years.

The allegations in the case against Apple are slightly different, however. Electronic books -- those read on Apple's iPad, Amazon's Kindle and Barnes and Noble's Nook, among others -- are the paperless version of millions of books, available with a click. The lawsuits claim that Apple and the publishers struck a deal in January 2010, just before Apple's iPad launched, to fix prices. The deal was to raise e-book prices after the publishers were frustrated with Amazon charging low prices in order to dominate the market.

This type of litigation protects businesses from unlawful competition. Not that competition is bad -- competition is what makes any marketplace thrive, but doing so unlawfully can cripple a business. As any small business owner knows -- or if this is an example, any corporation knows, protecting one's product through litigation is a step many have to take.

New York business law is designed to protect the companies that are acting lawfully and punish those who have broken the laws designed to regulate healthy competition. If companies are caught conspiring together to fix prices, steal competitors' ideas or otherwise control the market, they can suffer the consequences of hefty fines and, in the public realm, very bad public relations.

It is important that businesses consider how the law can benefit them in regulating and policing the industry. Anti-trust laws are here to help companies who are working honorably and who have had dishonest competitors working together to bump out other companies who are trying to get a share of the consumer dollar.

Continue reading "New York Anti-Trust Lawsuits Important In Protecting Business Property" »

As the New York Business Litigation Attorney Blog reported in May, New York lawmakers introduced legislation that would add the unemployed to a protected class as unemployment discrimination is an ongoing issue.

But as that bill goes through the proper channels before possibly becoming a law, employers are still openly discriminating against those who have lost their jobs and are desperately seeking work. That means that for 8 percent of the state of New York's population and 8.8 in New York City, according to the New York State Department of Labor, they are being unfairly denied interviews because they are currently unemployed. New Jersey was the first state to ban unemployment discrimination, with a law that went into effect June 1.

While companies are trying to employ only certain classes of people, this form of employment discrimination in New York is unacceptable and shouldn't be tolerated. Just because New York law hasn't thrust those who are unemployed into a protected class, such as the disabled, it doesn't mean this is proper.

Everyone should have an equal ability to gain employment, regardless of certain characteristics, such as not currently having a job. Certainly, a person shouldn't face discrimination at work for being disabled, a certain gender, age, race or status, but discrimination also shouldn't come because a person is unemployed, as many people are today. Until a law passes, making a claim might be difficult, but the issue highlights the fact that many classes are already protected under today's employment laws, including those who are discriminated against based on age, race, religion and military status.

According to the article in The New York Times, a recent review of job listings on popular websites shows that hundreds of employers would consider or strongly prefer only people currently employed or recently laid off. Even someone out of work for six months had a tough time finding work, the article reports.

The newspaper reports that given the average duration of unemployment is at an all-time high -- about nine months -- limiting qualified prospective employees to currently or recently employed probably disqualifies millions of people from work. The companies seeking work range from hotel concierges and air-conditioning technicians to business analysts and auditors.

Because those employers actually hiring are receiving likely an untold number of applications, experts say, they are being more selective.

Whether discrimination happens at the office or before even getting a job, it is unlawful and unjust. Thousands of claims of discrimination are filed each year as employees end up missing out on promotions, miss out on training opportunities or are simply cast aside for better-looking or younger workers. Despite the laws in place in New York and throughout the country, bosses and employers in record numbers ignore them and wrongly give preference to some employees over others.

With our state and our entire nation slow to recover from the effects of the Great Recession, employment discrimination shouldn't be happening. These companies should be held responsible for their actions.

Continue reading "Unemployment Discrimination Prevalent, Newspaper Reports" »

The recent breakups of long-time married couples Maria Shriver and Arnold Schwarzenegger and Al and Tipper Gore show that even long-term divorces can have painful breakups.

Divorce in Great Neck remains a difficult decision, as many spouses, after months or even decades of marriage, decide to split up. For those who are deep-rooted in their marriages to those who realize quickly they have made a major mistake, divorce can still be painful.

The Wall Street Journal recently provided some tips to those who, later in life, have broken up and are preparing for divorce. For the younger couple, this advice isn't quite as useful, as they likely don't have years of built-up equity in a house, children to provide college money for, retirement plans and even a family business with which to deal.

The division of assets can be particularly difficult and contentious because each side feels responsible for accruing the assets -- whether a house, money, built-up savings accounts or investments.

"As years go by and they get close to retirement age, where they have to be near one another more, one of them realizes they don't want to live the rest of their life in this manner," said a divorce lawyer who has seen an increase in older divorcees.

One of the bigger issues of divorcing late in life and after years of marriage is the inability or tough position of finding work to recoup lost money and a new lifestyle. The earning capacity of someone in their 60s can be much different than someone in their 30s.

Below are some key assets that a long-married couple may have to split upon divorce and how best to handle:

The house: At one time, couples wrestled over who got to keep the house because it was a good investment and could end up being profitable for whichever spouse got to stay. Now it's an albatross, the news article states, because of upside down values, the possibility of a long stay on the market and its ongoing expenses.

A retirement plan: Besides a house, the biggest asset for many couples is the retirement plan. Retirement accounts, 401(k) accounts and pensions are usually established in one person's name, but could be considered marital property if the money was earned while the couple was married. New York is one of 41 "equitable distribution" states, where spouses have a right to claim a portion. Specifying the specific retirement plan in a qualified domestic relations order is important.

The family business: Many couples have worked years to build up a small business. But a divorce can not only rip apart the family, but also the business.
Perhaps a "post-nuptial" agreement should be considered to spell out what happens to the business in death or divorce. While these agreements can be tough to discuss, they are recognized in most states and are essential to protecting the business.

Continue reading "Later-in-Life Divorce in New York Can Endanger Retirement" »

Trouble British singer Amy Winehouse's passing brought much news media attention to her use of drugs, including the song she wrote about not attending rehab.

But what has been lost in the news coverage is her smart estate planning before her death. And as a 27-year-old, it's important to note that anyone -- rich or middle class -- should lay out documents that tell what should happen to their assets when they die. A will should be laid out now rather than waiting so your family can avoid a New York contested will upon death.

According to a recent U.S. News & World Report article, Winehouse's assets topped $16 million and she has a will in place that directed her assets to her parents and brother rather than her ex-husband, who is in prison. Many consider the ex-husband the man who introduced her to hard drugs. But the English legal system favors ex-spouses in probate matters.

As the New York Business Litigation Attorney Blog reported this summer, a survey found that 60 percent of Americans believe that all adults should have a will or estate planning documents in place. But the survey also found that only 44 percent of those surveyed followed their own advice.

The media have reported on celebrities who have left their estates in shambles, but it can happen just as easily to the everyday citizen. Regardless of how much money a person has or what they have left to leave to surviving relatives, these documents are critical.

The U.S. News & World Report article provides five strategies to help avoid financial stress:

Write a will: A recent AARP survey found than a third of Americans over 50 don't have a will, living trust or power of attorney in place. There are many valuables a person can leave to survivors, from a retirement account, house, nice car or collectibles that should be put down on paper. It should be updated once every couple years.

Create a trust: A living trust may help people avoid New York estate tax as well as federal taxes that can take a huge chunk of value out of a person's assets.

Specify funeral preferences: One of the most contested issues of dealing with a family member's death is how to distribute their remains and it can cause turmoil. A will is a good place to lay out the preferences, which can vary greatly in costs.

Get help online: Web-based help is available for estate planning, but many websites lack all the specific pieces that a New York Estate Planning Lawyer can ensure are handled. Having something is better than nothing, but it may not be complete. Consulting an experienced lawyer can be done economically and is the best option.

Work with a pro: A New York Will and Trust Lawyer can advise the best way to set up a living will or trust and help determine who should be executor of the estate.

While planning for death is no one's idea of a great day, it is essential. For parents, it is even more essential. These documents should lay out where minor children upon death of the parents should go and for adult children, what they will inherit. Left undetermined, these issues can cause strife and turmoil that can linger for years.

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