Author: David

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

New York State Bar Association Revolutionizes Bar Association Membership

Under the New York State Bar Association’s new membership model, members will receive thousands of hours of continuing legal education courses, membership to exclusive sections that focus on their interests, access to hundreds of automated forms that handle monotonous legal tasks and an unlimited number of articles on the latest legal developments – all for … Continued

New York’s Next Bar Exam: Where Should We Go From Here?

It’s been 10 years since New York faced the question of whether to adopt the Uniform Bar Exam. New York decided to do so, after much debate and dissent, with positive and negative consequences for law schools, students, the public and the practicing bar in New York. Now the question is whether to adopt the … Continued