Author: David

Why You Want To Join the New York State Bar Association

Whenever someone asks me why I have been a member of NYSBA for 25 years, I have a one-word reply: “Sections.” Joining a section is a great way to meet lawyers who practice in the same field as you or who share your interests. NYSBA has 28 of them, and if you are a member … Continued

The Fang Holdings Case: New York Supreme Court Extends Long-Arm Jurisdiction Over Foreign Real Estate Portal

The New York Supreme Court decision in Oasis Investments II Master Fund Ltd. v. Mo (the Fang Holdings Case)[1] sets a precedent for New York courts to establish personal jurisdiction over foreign companies that exploit New York markets to defraud investors. This ruling opens new avenues for litigation, empowering the state to hold alleged wrongdoers … Continued

Corporate Transparency Is Here: The Effects on Elder Law Practice

What Is the Corporate Transparency Act? The Corporate Transparency Act was enacted as part of the Anti-Money Laundering Act of 2020, for the purpose of curbing illicit activities such as money laundering, tax fraud, human and drug trafficking and terrorist organization financing.[1] To combat these issues, this legislation now mandates that companies conducting business in … Continued

When Medicaid Planning Turns Into Estate Litigation

As we all know, Medicaid planning is often a crucial strategy for many individuals seeking to protect their assets while qualifying for Medicaid benefits. One common tool used in this planning is the Medicaid Asset Protection Trust. While this type of trust can be highly effective, it sometimes leads to unforeseen complications that turn into … Continued

U.S. Supreme Court Suspicious of State Social Media Regulation

The U.S. Supreme Court this summer stymied significant state regulation of social media platforms, stating that content moderation rules raised substantial concerns under the First Amendment of the Constitution. The consolidated case is called NetChoice, LLC v. Paxton. Ken Paxton is the attorney general of Texas, and Net Choice is a public policy advocacy organization … Continued

New Automated Forms Offer Resources and Information With More Convenience – and It’s Free in NYSBA’s New Membership Model

This year, NYSBA debuted a popular new benefit – 20 different packages of NYSBA’s Annotated/Automated Forms, created from our best-selling collection of legal resources. Whether your practice focuses on personal injury, criminal law, probate law, residential and commercial real estate, or one of the other 15 packages of forms provided, these forms offer something for … Continued

Update: Congestion Pricing: A Case Study on Interstate Air Pollution Disputes

New York’s congestion pricing program was set to take effect on June 30, notwithstanding multiple pending legal challenges.[1] Then on June 5, Gov. Kathy Hochul announced that she was directing the Metropolitan Transportation Authority – which is charged with implementing the program – to put the congestion pricing program on “indefinite pause.”[2] This announcement roiled … Continued

The Challenges of Being the Trustee of a Special Needs Trust

Over the last three decades, the use of a Special Needs Trust, also known as a Supplemental Needs Trust, has become the primary planning vehicle for persons with disabilities. If the trust is a First Party Special Needs Trust (one funded with assets belonging to or to be received by the disabled person), it will … Continued