Articles written byEarlier this year, President Trump signed the Right to Try Act into law. The stated goal of the law is to expand access to experimental medications particularly in those states like New York and New Jersey that don’t already have a similar state law. The law gives terminally ill patients the ability to obtain experimental … Read more
Parties to a contract are generally free to negotiate and decide on the terms of their agreement. Even where a contract provision is not ideal, or even advisable, courts will often respect and enforce the provisions. However, one area where courts take a more restrictive view on the parties’ freedom of contract is when they … Read more
Property owners often must make improvements to their properties in order to develop them, such as paving, leveling and changing the grade of their land. This process can change how surface waters flow across the property, and may unintentionally cause flooding as water may flow onto surrounding properties. This has historically been the subject of … Read more
If you want to discourage others from challenging your will, you can use an “in terrorem” or “no contest” will clause. Such provisions provide that if someone contests your will or any of its provisions, the person forfeits what they would have received under the will. The idea is to leave a disinherited heir enough money … Read more
By Michael Giusto and Lois Brenner Getting a divorce is a stressful experience and it’s not unusual for spouses to forget to address estate planning issues either before, during, or afterwards. However, not updating certain documents or considering your future financial situation could have serious unintended consequences. Impact of divorce on existing planning documents … Read more
Airbnb’s popularity has exploded and many people living in places like New York City have seen the potential to earn income by leasing their apartment or house to tourists through Airbnb. New York State and New York City have responded in the last few years by enacting laws to prohibit or discourage these arrangements. In … Read more
On June 25th, the New York State legislature passed a bill which will make it easier for litigants to introduce Google Maps, Google Earth and other digital map images at trial. Google Maps and Google Earth display high resolution aerial images, often for multiple dates, which can be very useful in litigation for purposes of … Read more
Earlier this year, New York State and New York City enacted significant changes to sexual harassment laws that affect employers and employees. Both laws mandate sexual harassment prevention policies and annual training along with other changes. These requirements go into effect July 11, 2018 through April 1, 2019 depending on the provision. Below is a … Read more
It is usually clear from the terms of a contract how long the parties want the contract to remain in effect—the contract provides for a set term or task to be performed, possibly with options to extend it when certain criteria are met. However, in some instances, parties may remain bound by the terms of … Read more
A loan guaranty is often needed in situations where a closely held corporation or LLC is borrowing money. Since such companies generally lack the collateral a bank wants to secure a loan, the bank requires an individual (usually a shareholder or member) to personally guarantee repayment of the loan in order to make the loan. … Read more