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Public Performance License Fees
By Mark Costello, Esq. Friday June 13, 2003 The Daily Record As an entertainment lawyer, I frequently am asked probing and important legal questions such as, “Where can I get a good snake tattoo?,” “How can I get $100,000.00 worth of new equipment free?” and “You have any Oreos in …
Employee’s Defamation Claim Against Municipality Fails
By Devin L. Palmer, Esq. Wednesday January 7, 2004 The Daily Record Can a municipal employee ordered to submit to a mental evaluation under New York’s Civil Service Law § 72 sue the employer for defamation? This was the central issue before the Wayne County Supreme Court in Williams v. …
The Bankruptcy Abuse and Prevention Act of 2005
By Christopher K. Werner, Esq. Monday, November 14, 2005 Monroe County Bar Association Views “Congress shall have Power To establish uniform Laws on the subject of Bankruptcies” So they did… Promoted on inflated fables of widespread abuse by big income debtors, Congress enacted The Bankruptcy Abuse Prevention and Consumer Protection …
Building Green in Rochester and Central New York – Understanding the Available Options
On June 14, Monroe County executive Maggie Brooks announced an initiative directing compliance with Leadership in Energy and Environmental Design (LEED) building standards for new county construction projects and any major building renovation projects of greater than 5,000 s/f. The initiative also requests that the county of Monroe Industrial Development …
Basic Fiduciary Guidance for the ESOP Trustee in Corporate Finance Transactions
Basic Fiduciary Guidance for the ESOP Trustee in Corporate Finance Transactions By ROBERT E. BROWN, TABITHA M. CROSCUT, PAUL S. FUSCO Wednesday August 22, 2007 ESPO CHAPTER 9Basic Fiduciary Guidance for the ESOP Trustee in Corporate Finance Transactions ROBERT E. BROWN TABITHA M. CROSCUT PAUL S. FUSCO Robert …
Avoid a Motion for Contempt
Don’t Let Your Client’s Noncompliance With An Injunction Order Lead To A Motion For Contempt. By David K. Hou, Esq. The worst case scenario has happened and the court has imposed a TRO, or preliminary or permanent injunction against your client, enjoining it from continuing to use disputed intellectual property. …
Recent Case Law Developments Regarding the Transfer of Structured Settlement Payment Rights – An Update
By David K. Hou, Esq. This article provides an update on recent cases regarding the transfer of structured settlement payment rights in New York. The New York Structured Settlement Protection Act (“SSPA”) requires judicial approval for the transfer of structured settlement payment rights. In 2004, the SSPA was amended to …
Structuring a Forbearance Agreement for a Lender
By Mark A. Costello, Esq. When a loan goes into default a lender, for any number of reasons, may determine that pursuing or continuing a foreclosure against its security is not its best option. Concomitantly, a borrower may wish to attempt to bring a loan current or to obtain takeout …
Business Succession Planning – How the New Estate Tax Laws Can Help or Hinder the Process
By: Sherman F. Levey, Esq., Counsel In 2001, Congress passed probably the most cynical tax legislation in its history when it provided that the federal estate tax would be reduced over a period of years (by increasing exemptions, etc.), would be completely repealed only for the year 2010, and then …
Yes, Sarbanes-Oxley Applies to Private Companies
By: Robert F. Mechur, Esq. Since its enactment in 2002, the Sarbanes-Oxley Act (“SOX”) has been widely perceived to regulate only publicly held companies. That perception is not, and has never been, correct. There are some provisions of SOX that expressly apply to privately held companies. In addition, lenders, investors …
Commercial Workout – Option A for a Distressed Business
By: Devin Lawton Palmer, Esq. As one might expect, our firm has recently witnessed more and more beleaguered businesses waiting in the lobby for consultation on their mounting debt and cash flow shortage. Unfortunately, only the lucky few have been offered the ear of Congress for multi-million dollar bailouts. For …
Transferring Structured Settlement Rights – Case Law Update
By David K. Hou, Esq.[i] This article provides an update on recent cases regarding the transfer of structured settlement payment rights in New York.[ii] Because the majority of cases in which such petitions are approved go unreported, whereas many petitions which are not approved are reported, a consideration of recent …
Reaffirmation Agreements Under BAPCPA and Potential Liability of Bankruptcy Attorneys
Reaffirmation Agreements Under BAPCPA and Potential Liability of Bankruptcy Attorneys By Devin L. Palmer, Esq. Tuesday January 31, 2006 The Daily Record As many already know, the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) made numerous changes to the process in which a debtor agrees with a creditor to …
A Rabbit Out of the Hat – Did the NY Court of Appeals Pull Out a New Rabbit for LLC Members or Just Use an Old Hat
By James E. Metzler, Partner Boylan Code, LLP In a recent decision, Tsolis v. Wolff, 2008 WL 382345, a divided (4-3) New York Court of Appeals held that members of a limited liability company (LLC) may bring derivative suits on the LLC’s behalf, even though there is no provision governing …
Estate Planning Primer (May 2008)
Estate Planning Primer – Since each person has a certain “credit exemption”, it is a sin for any married couple to have any Federal estate tax imposed on an amount up to their combined exemptions. That is, if the exemption is $2,000,000 per person, the couple should never pay any …
