FinCEN Announces Final Interim Rule Exempting U.S. Companies from Beneficial Ownership Reporting under the Corporate Transparency Act
On March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued a final interim rule consistent with the U.S. Department of the Treasury’s (the “Treasury Department”) announcement on March 2, 2025, which exempts domestic U.S. companies from beneficial ownership information reports (“BOIRs”) under the Corporate Transparency Act (“CTA”). This interim rule significantly alters the previous […]
Inclusion of Website Terms & Conditions by Reference in a Contract
Clients inquire whether it is sufficient for a short, customer friendly contract to incorporate by reference Terms & Conditions (“T&Cs”) and merely provide a link to the T&Cs online, to allow the short contract to be legally binding against the customer under New York Law? The short answer is yes, but with certain caveats. The […]
Latest Updates on Corporate Transparency Act Enforcement
Currently, all penalties or fines associated with the beneficial ownership information reporting requirements (“BOI Reporting Requirements”) under the Corporate Transparency Act (“CTA”) are not being enforced. On March 2, 2025, the U.S. Department of the Treasury (the “Treasury Department”) announced its suspension of not only the CTA’s previous March 21st filing deadline, but also all […]
Update on Corporate Transparency Act Enforcement
As of December 26, 2024, reporting companies are not required to submit beneficial ownership information reports (“BOIRs”) with FinCEN, nor will they face penalties for failing to do so while the injunction remains in place. However, businesses can still voluntarily file beneficial ownership reports. On December 23, 2024, a panel from the U.S. Court of […]
Twomey Latham Donates Holiday Gifts to HeadStart, Raises Funds For Local Non-Profits
Twomey Latham donated gifts for the HeadStart children this year. The gifts were donated by members of the Firm, then packaged for delivery to children at their respective schools. In addition to the gifts for the children in HeadStart, the Firm donated money this year to Angels of Long Island/Mastic, CAST NorthFork /Southold (Center for […]
Federal Estate and Gift Tax Exemption and Annual Gift Tax Exclusion Will Rise to Highest Recorded Levels in 2025 due to Inflation
Summary: The IRS has announced that in 2025, the Lifetime Estate and Gift Tax Exemption (the “Lifetime Exemption”) will rise to $13,990,000 (from $13,610,000); the Annual Gift Exclusion will rise to $19,000 (from $18,000) and the Annual Gift Exemption for gifts to non-U.S. citizen spouses will rise to $190,000 (from $185,000). Impact: These increases will […]
The FinCEN Beneficial Ownership Information (“BOI”) Report
The Corporate Transparency Act (the “Act”) requires companies to complete a new form (“BOI Report”) with the Treasury Department’s Finance Crimes Enforcement Network (“FinCEN”), unless certain exemptions apply. Companies that must complete the BOI Report typically include all non-public US companies that have filed with a secretary of state and/or tribal level office to create […]
IRS issues Final Regulations for Required Minimum Distributions from Retirement Accounts
At a Glance: On July 18, 2024, the IRS issued final regulations regarding required minimum distributions (RMDs) from retirement accounts and proposed regulations that provide additional guidance under the SECURE 2.0 Act. Final Regulations: Beneficiaries generally must continue to take annual distributions if the plan participant died on or after the required beginning date. A […]
Local Police Departments Warn Public About Real Estate Fraud
***PROPERTY SCAM ALERT*** Local Police Departments are warning real estate agencies, realtors, brokers, attorneys, and property owners about a significant increase in reports of attempted real estate fraud. The typical scenario is that someone claiming to be the legal owner of a piece of property reaches out to a real estate agent/broker to sell the property, […]
Full Marks for Nassau on Controversial Trademark Play
Why would a county trademark a slogan? Some have been asking that question since Nassau County filed a trademark application with the U.S. Patent & Trademark Office for “Nassau County: Golden Coast to Coast.” While the application process’ $5,000 price tag has raised some eyebrows, the truth is that Nassau County is following a brand […]
Why Should You Register Your Trademark?
Following are many important reasons to obtain federal registration of your trademark with the U.S. Patent & Trademark Office (“USPTO”) for your business name, logo and/or any brand names that you use in your business. • Registration creates an asset that can be sold or licensed or used as collateral and makes your business more […]
Should I Put My House In A Trust?
What is a trust? Often time people think that trusts are reserved for the ultra-wealthy only. For many of us the word “trust” makes us think of trust fund kids who have seemingly won the genetic lottery. However, a trust can serve many different purposes and are, therefore, not reserved solely for ne’er-do-well grandsons. A […]
Twomey Latham Working with the Town of East Hampton and Developer to Create Innovative Workforce Housing.
Twomey Latham Senior Partner Christopher Kelley has been working for more than a year with one of our clients to amend the East Hampton Town Code to allow the leveraging of capital of both developers and employers in the Town to create workforce housing for needy workers. I. NEED Clients, 350 Pantigo Road LLC and […]
Top 10 Recurring Land Use Issues in Hamptons Real Estate
Through my practice in real estate and land use on the East End of Long Island over the last 42 years, primarily in the Towns of East Hampton and Southampton and their respective incorporated Villages (commonly known as “the Hamptons”) I have come to realize that there are recurring land use issues in the context […]
Tanking it, to give early-stage entrepreneurs a chance
After years of watching “Shark Tank,” I’m taking a shot at sharkdom next week, as a judge for the Stony Brook University College of Business pitch-fest known as “WolfieTank.” Offering legal perspectives on big ideas is not as sexy as offering a wad of cash, but any “shark” from the original show will tell you […]
It’s innovators vs. sham spirits in the war of the rosés
When consumers hear “counterfeiting,” they think of fake Rolex watches or Louis Vuitton handbags – not phony merlot. But sales of counterfeit wines and spirits skyrocketed during the COVID-19 pandemic and have not slowed since. It’s now estimated that 25 percent of wines and spirits sold worldwide are counterfeit, costing the industry nearly $9 billion […]
Reasons to File (Or Not File) a Trademark Registration for Your Brand
You read that right. While it is often a smart business move to protect a brand with a federal registration, that is not always the case. How do brand owners tell the difference? They can start by asking themselves the following questions. First, how important is the brand to your business? Is it the name […]
What is a Common Law Trademark?
Generally, common law rights are derived from custom and judicial precedent. Common law trademark rights are those rights that a business owner has from using a trademark, brand name, slogan or logo without having obtained a state or federal trademark registration of the mark. The rights come with using the mark in commerce. Registration is […]
Justice and Equity Compel An Honorable Discharge
In 2019, I was retained by a veteran US Navy sailor to file a petition before the US Naval Discharge Review Board (“NDRB”) seeking to have his character of discharge upgraded to Honorable, after a series of alcohol-related incidents led to an early administrative discharge under less than Honorable circumstances. By recent decision, the NDRB […]
Supreme Court Considers the Role of Fair Use in a World of Mashups
The late musician Prince shocked the world in 1993 by dropping his name and adopting a symbol as his personal moniker. So it is ironic that a landmark case before the U.S. Supreme Court this term will forever be known as the “Prince case.” In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, […]
As Sea Levels Rise and Hurricanes Intensify, New York State Streamlines The Process For Bulkhead Approvals Throughout Long Island
At a time when coastal areas are besieged by rising sea levels and more frequent, high intensity storms and hurricanes, the New York State Department of Environmental Conservation has taken steps to streamline the process for obtaining permits for certain coastal infrastructure and bulkheads. DEC has finalized General Permit guidelines for bulkhead replacement and repair […]
Decanting: Or when an Irrevocable Trust is not Irrevocable
One of the primary questions people have about trusts is, what is the difference between an irrevocable trust and a revocable trust (sometimes called a “living trust”)? The surface level answer, not to be flippant, is one is revocable, and one is not revocable, or in another word, one is irrevocable. To dig a little […]
Creating Your Online Content and Potential Copyright Issues
It appears to be a common misconception that grabbing content from the Internet, whether it be photos, clips or written content, and using it on your website or social media pages is acceptable. The only time it is acceptable is when the content that is taken is in the public domain, i.e., it is not […]
Peter M. Mott Describes Difference between Prenuptial and Postnuptial Agreements
Peter M. Mott, a partner with the firm, spoke with US News & World Report on what is the difference between a prenuptial and postnuptial agreement. Mr. Mott said there is a difference between prenuptial and postnuptial agreements because of consideration, which requires promises made by the couple to be enforceable. “The consideration of the […]
Commercial Properties: Leases, COVID-19 And Force Majeure – Hamptons.com
John A. Viteritti of Hamptons.com recently discussed the evolution of the real estate market with Joan Morgan McGivern, of Counsel with the law firm, Twomey, Latham, Shea, Kelley, Dubin & Quartararo. JMM: Force majeure usually applies to Acts of God – hurricanes and tornadoes, as well as acts of government during times of war, for […]
STATE vs. FEDERAL TRADEMARK PROTECTION
Should you obtain trademark registration of your business name and/or brand, i.e., your trademark? The answer is absolutely “yes”. The broadest protection you can obtain for your trademark is a federal registration with the U.S Patent & Trademark Office (“USPTO”). A federally registered trademark provides nationwide protection in all 50 states. However, certain trademarks cannot […]
NEW YORK LANDLORD-TENANT LAW: A COUPLE OF IMPORTANT FACTORS FOR LANDLORDS AND TENANTS TO KNOW UNDER THE RECENT CHANGES
In July 2019, the rental laws in New York were significantly changed. Following are 2 important changes: 1.) A landlord who fails to return a security deposit within 14 days of the expiration of the lease term forfeits his/her right to retain any portion of the deposit regardless of whether there may be any […]
AN UPDATE ON THE AMAZON BRAND REGISTRY- IMPORTANT BRAND PROTECTION FOR ONLINE SELLERS
For any online seller or vendor that has a brand it wants to protect, the Amazon Brand Registry (the “Registry”) offers tremendous value. When the Registry first started, you were required to have a “standard character” trademark registered with the U.S. Patent & Trademark Office (USPTO) in order to join the Registry. “Standard character” mark […]
When Is A Stranger Not A Stranger?
In a landmark decision from the Appellate Division Second Department, Partner, Christopher Kelley achieved a winning result for our client establishing in a case of first impression who really is a “stranger” when considering the “Stranger To The Deed rule.” The “stranger to the deed rule” holds that when a grantor executes a deed that […]
“Seasonal Use Dwelling Unit” Now Exempt From Certain Provisions Of The Housing Stability and Tenant Protection Act
On September 20, 2021, Governor Kathy Hochul signed an amendment to General Obligations Law §7-108, otherwise known as the Housing Stability and Tenant Protection Act (HSTPA). The amendment adds an exemption for “seasonal use dwelling unit” (SUDU) from the security deposit/advance restriction of “no more than one month’s rent”. The text of the amended sections […]
New York State Department of Labor Regulations
New York Businesses should download and follow these guidelines released by the New York State Department of Labor in order to be compliant with the recently enacted HERO Act. The guidelines are comprehensive and instructive but be sure to remain compliant with CDC and Federal guidelines. NY Hero Act: The Airborne Infectious Disease Exposure Prevention […]
How The Real Estate Market Has Evolved Over the Past Year – An Attorney’s Perspective
John A. Viteritti of Hamptons.com recently discussed the evolution of the real estate market with David M. Dubin, Senior Partner with the law firm, Twomey, Latham, Shea, Kelley, Dubin & Quartararo. Mr. Viteritti asked for his experience with real estate transactions since March of 2020 when COVID-19 started to have a dramatic impact on Eastern […]
U.S. News & World Report on the “10 Steps to Writing a Will”
Most people should have a will, but it’s rarely the most significant estate planning document an individual holds. Many of a typical household’s assets, such as retirement accounts, can be transferred outside of a will by naming beneficiaries, and documents such as the financial and medical powers of attorney can be more powerful in determining […]
Kathryn M. Dalli Featured on BronxNet “Open” – The Importance Of Protecting Your Brand
Kathryn M. Dalli sat down with “OPEN” Host, Daren Jaime, to discuss the importance of how companies can protect their brand, building a strong brand mark at the start of a new business, the difference between a trademark and copyright, and the fallacies of using online images. Twomey Latham’s intellectual property practice encompasses […]
Real Property Fraud Alerts
Real property fraud is quickly becoming one of the fastest growing crimes in our country, and one which county and state governments are actively trying to combat. Property fraud is often accomplished when someone files a fraudulent document with the County Clerk in the county where your property is located which conveys title to the […]
The Costs of Not Protecting Your Brand
If you own a small business, you will likely invest money, energy and time into marketing and branding that business. Do not get blindsided by failing to protect your name and brand by federally registering your trademark. If you do not do the research to determine whether there is another business with the same or […]
Commercial Properties: Leases, COVID-19 And Force Majeure
To gain expert advice on how force majeure and impossibility or impracticality to perform impact commercial leases as a result of COVID-19, John A. Viteritti, of Hamptons.com, spoke with Joan Morgan McGivern, of Counsel with the firm. Learn More
New York Paid Sick Leave Law
Effective September 30, 2020, all New York State employers will have to comply with the requirements of the New York Sick Leave law introduced as part of the New York 2021 Budget. New York employers will be required to provide at least one hour of paid or unpaid sick leave for every 30 hours worked […]
Estate Planning Under the SECURE Act: Do I Need to Update My Estate Plan?
In December 2019 President Donald Trump signed into law the Secure Act, which is a misleading acronym, in that “secure” stands for “Setting Every Community Up for Retirement Excellence,” yet rather than set every community up for retirement excellence, the real purpose of the law is to accelerate the recognition of tax on retirement plan […]
Estate Planning with Qualified Opportunity Zones
Fans of the Showtime series “Billions” may recall seeing in episode four of season five, aptly entitled “Opportunity Zone”, the show’s protagonist, Bobby “Axe” Axelrod, do battle with season five’s new nemesis, Michael Prince, over the chance to invest in an Opportunity Zone in Axe’s hometown of Yonkers. Why would two fictional billionaires compete for […]
Probate: What is it? Why to Avoid it and How
Often times when I meet with clients one of their primary goals of implementing an estate plan is to avoid the “death tax.” I will share with you the same two pieces of good news I share with those clients. First, we do not have a “death tax” in the United States. It is true […]
SECURE ACT – SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT
2019 ended with President Trump signing a spending bill funding the federal government through Fiscal Year 2020. Included with the spending bill is the Setting Every Community Up for Retirement Enhancement (“SECURE”) Act. The SECURE Act enacts major changes to rules related to individual and employer sponsored retirement accounts and may also substantially alter estate […]
No Need to Fear a Federal Claw Back
In December 2017 President Donald J. Trump signed into law the Tax Cuts and Jobs Act (the “TCJA”). Among other provisions, the TCJA doubled the federal estate and gift tax exemption amount from $5 million to $10 million, adjusted for inflation. For example, for 2020 the federal estate and gift tax exemption is $11,580,000. However, […]
What is QPRT?
It is not uncommon for someone to transfer their personal residence into a trust. Many people may be familiar with the concept of transferring their personal residence to an irrevocable Medicaid type trust, in order to begin the clock ticking on the five year look back period for transfers for Medicaid eligibility purposes. In other […]
New York 2020 Employment Updates
A series of new laws in New York are set to impact employers and workers across the state in 2020. New York Labor Law §203-e On November 8, 2019 Governor Andrew Cuomo signed legislation that protects employees against discrimination on the basis of their reproductive health decision-making. Health decisions are defined as including, but not […]
Dying Without A Will: Where Will My Things Go?
The week of October 21-28, 2019 is National Estate Planning Awareness Week. The purpose of National Estate Planning Awareness Week is to educate the public about the importance of estate planning. So, in that regard, this article will address what happens when someone dies without a Will. Even if you have never sat down […]
Prenuptial Agreements and Estate Planning
A prenuptial agreement can conjure in people the thought of a wealthy person marrying a not so wealthy person, or celebrities marrying each other, or an older spouse marrying a younger spouse. Some people have a pessimistic outlook on prenuptial agreements, and see them as planning the divorce before the marriage happens. However, the purpose […]
Supreme Court, Suffolk County Unveils New ADR Part For Civil Cases
The Supreme Court, State of New York has adopted new Alternative Dispute Resolution (“ADR”) Rules for civil cases, forming a new ADR Part with the express goals of fostering negotiation to help settle disputes, narrowing the issues to be adjudicated, and/or assisting the parties to understand each other’s positions and interests. The new ADR Part […]
Construction Law: Are “Pay if Paid” and “Pay when Paid” Provisions Enforceable in New York?
General contractors often provide their subcontractors with a standard form contract providing little opportunity for the subcontractor to negotiate a change of any of the terms. Sometimes, the standard form agreement includes a “pay if paid” or “pay when paid” provision. Even though subcontractors may be accustomed to seeing these provisions, it might not be […]
North Carolina v. Kaestner: The Recent US Supreme Court Case on State Fiduciary Income Tax
The end of June is an exciting time in the United States Supreme Court, because the Court issues many of its opinions on the cases heard during that term, before recessing until the first Monday in October. This past term was especially rare, as the Court heard a trusts and estate case. On June 21, […]
Landlords Suffer Major Blow From New State Law Affecting Seasonal Rentals
Possible Solution To State Restrictions On Seasonal Rentals
Appellate Division Overturns First Conviction under New York’s SAFE Act
A man from Silver Creek, New York had his conviction under the SAFE Act overturned by the Appellate Division, Fourth Judicial Department. The Appellate Court unanimously ruled that the indictment against Benjamin Wassell is dismissed and the judgement against him reversed. Mr. Wassell had been convicted in Chautauqua County Court in May 2014 of third-degree […]
Does My College Student Need a Health Care Proxy and Power of Attorney?
In New York State when a person reaches age 18, typically high school graduation age, that person is now considered an adult. This means that parents are no longer given access to their children’s financial, health and school records, without the consent of their now adult child. For this reason it is essential for parents to advise their children to sign a health care proxy and a power of attorney, before dropping them off on campus.
When Can You Sue for Copyright Infringement?
In a recent U.S. Supreme Court decision, the High Court put an end to the split in the circuit courts as to when a copyright infringement lawsuit could be brought, i.e., the “registration approach” or the “application approach”. In some circuits, such as New York’s Second Circuit, a copyright owner had to obtain a registration […]
The Partition Action in New York – How do the courts divide a house?
It is not uncommon for one or more unmarried individuals to acquire real property together. Sometimes, the property is acquired through inheritance, or perhaps the parties purchased the property for investment purposes. Either way, what happens when the co-owners can no longer agree on how the property should be kept, maintained or managed? What rights do […]
Fair Labor Standards Act (FLSA) Overtime Exemption
On March 7, 2019, the US Department of Labor issued its proposed new exemption rule under the Fair Labor Standards Act (FLSA), raising the minimum salary from $23,660 annually (or $455 per work week) to $35,308 annually (or $679 per work week). Under the proposed new exemption rule, employees earning a fixed salary under $35,308 […]
Village of East Hampton Adopts New Sanitary Code
The Village of East Hampton enacted a new code provision on February 7, 2019, adding Chapter 233 (Sanitary Systems), which requires Innovative and Alternative On-Site Wastewater Treatment (I/A) Systems to be installed in connection with the construction of any new residence or any substantial improvement of an existing residence.
Why It’s Important To Protect Your Young Children Through Estate Planning
In New York there are two types of guardians, a Guardian of the Person and a Guardian of the Property. The Guardian of the Person makes all decisions about the child’s health, education, and general welfare. The Guardian of the Person will make all school decisions, decide where the child lives and generally be in […]
Reza Ebrahimi Featured in Newsday article, “5 Home-Buying Hacks for the Spring Housing Season”
It’s almost spring, the traditional start of the homebuying season. Buying a house requires a lot of time and effort. These “5 Home-Buying Hacks” can help make the process manageable and guide you to make the best decisions possible. Whether you are in the market for your first house or your fifth, the process can […]
FAA Makes Big Change to Drone ID Law
The Federal Aviation Administration (FAA) has issued a new rule in the Federal Register requiring small drone owners to display the FAA-issued registration number on an outside surface of the aircraft. Previously, owners and operators were permitted to place or write registration numbers in an interior compartment. The rule is effective on February 25, 2019. […]
Potential Septic System Upgrade Requirement for Property Transfers in Shelter Island
By now, nearly all East End realtors are aware of Suffolk County and local laws requiring upgrades of septic systems to more technologically advanced – and more expensive (about $20,000 before rebates), on-site wastewater treatment systems. These systems significantly reduce the amount of nitrogen and nitrates that ultimately find their way into well water and […]
Southold Landlords Best Beware of The Town’s New Rental Permit Requirement
Three years after its adoption of legislation banning short-term rentals in Southold, and after extensive review and revision to address public concerns, the town board adopted a new Rental Permit Code at its December 18, 2018 meeting. The ban on renting homes for fewer than 14 days was intended to stifle the depletion of affordable […]
The Effect of Divorce on Your Estate Plan
The ensuing months after the holiday season usually see an uptick in divorce filings. Some matrimonial practitioners even refer to the first Monday after New Year’s Day as “Divorce Monday.” Of course, many people chalk up this rise in divorce filings to the stress of the holidays or associate the increase in filings with people waiting until after the holidays to […]
Zoning Isn’t the Only Size Limitation in Historic Districts
An October 2018 New York State Supreme Court, Suffolk County decision setting aside a 2017 Southampton Village Architectural Review and Historic Preservation Board decision approving a nearly 15,000 square foot house on Gin Lane may have considerable impacts on property owners looking to make additions to or replace structures located in any of the East […]
New Pistol Permit Requirements Proposed In New York
A bill authored by Sen. Kevin Parker, D-Brooklyn, would require a background check of an individual’s social media and internet search engine history, when applying for, or renewing his or her pistol permit. The bill, S9191, mandates pistol permit applicants to consent to an inspection of their social media accounts and search engine history as far […]
Can’t I Just Download These Documents Online? The Pitfalls of Internet Wills
In the age of the internet, with a vast amount of knowledge a few keystrokes away at all times, we are in an unprecedented era of Do It Yourself. We are fortunate enough to live in a world where you can watch a YouTube video to learn how to play guitar or fix your sink, […]
Historic New Copyright Act Signed Into Law
The Orrin G. Hatch – Bob Goodlatte Music Modernization Act was enacted by Congress and signed into law on October 11, 2018. This welcome and significant law was unanimously enacted by Congress after years of effort by many to update music licensing to better facilitate legal licensing of music by digital services. The copyright laws had […]
Contractor Warranty vs. The Correction of the Work Provision: What’s the Difference?
Contractors and owners alike often operate under a common misconception that the “industry-standard” for construction contracts limits the contractor’s responsibility to correct defective construction to one year after completion of the work. However, such a one-year “industry-standard” really does not exist. The likely culprit for the misconception is found in common construction documents, such as […]
Estate Planning Opportunities with the Tax Cuts and Jobs Act
In my last article I wrote about the numerous reasons estate planning is important outside of estate tax planning, in light of the recent doubling of the federal estate tax exemption as part of the Tax Cuts and Jobs Act. This article is devoted to the other end of the spectrum, the new opportunities for […]
Creativity & The Law: How Copyright Laws Protect Your Work
HAH – K. Dalli July Article For many people involved in creative pursuits, knowing how to protect the work is important. Although it may seem daunting, the good news is that it’s really a lot simpler than it might first appear. For starters, the way in which copyright protection is secured is often misunderstood. No […]
European Union’s New Privacy Laws Set to Take Effect
Any U.S. based business that sells products or provides services via the internet, no matter how large or small, is technically a global business. Although having a global reach is normally a good thing, it can also come with serious responsibilities. For instance, if your business has any customers residing in the European Union (“EU”), […]
Creativity & The Law: Collage and Fair Use Under the Copyright Laws
Partner Kathryn Dalli, head of the firm’s intellectual property law group, has been practicing law for over 30 years. Ms Dalli has a diverse background in the arts, business, entertainment and litigation. Ms. Dalli was approached by Hamptons Art Hub to write a column focused on practical legal tips for artists. Hamptons Art Hub editorial […]
Estate Planning Outside of the Federal Estate Tax
For a large majority of Americans, the recent doubling of the federal estate tax exemption from $5 million to $10 million, adjusted for inflation annually, in the Tax Cuts and Jobs Act, will have no effect on their estate. It is important, however, to remember there are numerous reasons for estate planning outside of estate […]
We Want You For The Construction Industry – Contractors Need Veterans
A majority of surveyed construction contractors have reported that the lack of qualified workers is the number one problem impeding growth. However, industry leaders in need of motivated and capable workers should look no further than the growing number of veterans who are interested in finding a new career after leaving the military. These service […]
New Laws To Require Remote ID of Drone Operators
Private use of small Unmanned Aerial Vehicles (“UAVs” or “drones”) for recreational and commercial use has been sky-rocketing. This trending surge of UAV traffic has caused civil regulators at the federal, state and local levels to begin enacting various rules and guidelines for pilot certification and flight procedures. However, it is not only hobbyists and […]
What Are Your Rights as a Trust Beneficiary?
Trust Beneficiaries are Entitled to Yearly Trust Reports and Other Information Trust reports should be mailed out annually to the beneficiaries and should indicate the Trust’s income and expenses, including commissions paid. If, upon request, the trustee fails to send out at least one annual report and refuses to do so, the beneficiaries have the right […]
New York Bans Firearms Insurance Program
New York State has recently fined Lockton Companies $7,000,000 for advertising and selling the NRA-branded firearm insurance program known as “Carry Guard” to state residents. The NRA program, which provides comprehensive personal firearms liability coverage for legal fees stemming from the use of a firearm in self-defense, is popular among law-abiding gun owners. The insurance […]
Commission Agreements Conditioned Upon Verbal Agreements of Sale
The Appellate Division, Second Department recently issued an interesting decision concerning brokerage commissions in Regency Homes Realty Group, Inc. v. Leo and Laura, LLC, 155 A.D.3d 1075, 1077 (2d Dept. 2017). The case illustrates that, although a brokerage agreement can condition commission payments upon the seller and buyer reaching a verbal agreement of sale, there […]
New Legislation for the Town and Village of Southampton
As of December 31, 2022 the Town of Southampton will discontinue its partial real property tax exemption program which is now available to eligible first-time home buyers of newly constructed or substantially altered and renovated homes.
Collecting Unpaid Commissions – The Law Can Help You
One of the occupational hazards faced by brokers is the fight to recover a commission after a transaction has been successfully completed. When a seller or landlord fails to pay the broker’s fee, the New York Real Property Law and, under some circumstances, the Lien Law, may offer protection, as well as leverage to help […]
All Mechanic’s Lien Waivers Are Not Created Equal
Mechanics’ lien waivers are intended to prevent construction contractors or material suppliers from filing a lien in connection with work for which an owner has already made payment. An effective waiver should protect the owner by requiring the contractor to: (i) acknowledge receipt of payment for work completed; and (ii) release the owner from claims, […]
NY’s Highest Court Rules Private Posts on Facebook are Fair Game in Discovery
Long before the digital age and proliferation of social media platforms like Facebook and Twitter, Marshall McLuhan mused, “publication is a self-invasion of privacy.” Clearly, Professor McLuhan foresaw the pitfalls that can be associated with sharing too much information. Now, the New York Court of Appeals, the highest court in the state, has unanimously ruled […]
New York State Creates Nation’s First Air Corridor For Unmanned Aerial Vehicles
New York State has officially created the Nation’s first “air corridor” where unmanned aerial vehicles can safely fly beyond line of sight for testing and development. Typically, FAA regulations restrict drone operations to line-of-sight only, which requires the drone to be visible by the pilot at all times. However, drones flying in the air corridor […]
What You Need To Know About The New Tax Law
HIGHLIGHTS OF THE TAX CUTS AND JOBS ACT The Tax Cuts and Jobs Act (the “Act”), signed into law on December 22, 2017, provides substantial (but mostly temporary) changes to the tax code. This article is a summarized review and discussion of the key provisions of the new law. This article is designed to provide […]
Suffolk County Legislature Amends Suffolk County Sanitary Code And Imposes New Requirements On Wastewater Management
On December 5, 2017, the Suffolk County Legislature passed legislation amending the Suffolk County Sanitary Code, which imposes new requirements on wastewater management intended to improve water quality throughout Suffolk County. Executive Steve Bellone signed the legislation into law on December 21, 2017. The ban goes into effect on a county wide level July 2019.
Plastic Bag Fee Takes Effect in Suffolk County
Effective January 1, 2018, shoppers in Suffolk County are required to pay a $0.05 fee for each non-reusable carryout bag used in a retail establishment. The new law, codified in Article XI, Chapter 704, applies to all plastic and paper bags that are provided by a covered store to any customer at the point of […]
The New “Amazon Brand Registry” – IMPORTANT BRAND PROTECTION FOR ONLINE SELLERS
For any online seller or vendor that has a brand it wants to protect, the new Amazon Brand Registry offers tremendous value. In order to join the registry, however, you must have a “standard character” trademark registered with the U.S. Patent & Trademark Office (USPTO). “Standard character” mark means text only, no design or logo.
New Commercial Division Rules Promote The Continued Use of ADR
In 1995, then Chief Judge Judith Kaye established the Commercial Division of the New York State Supreme Court as a forum to improve the efficiency with which commercial disputes were addressed by the courts and, at the same time, to enhance the quality of judicial treatment of those cases.
The Business Class Concealed Carry Weapon Permit – Rules For Business Owners in Suffolk County
New York State has a well-deserved reputation for having some of the strictest gun laws in the nation, and with respect to the issuance of concealed carry weapon licenses (“CCW”), New York is considered a “may issue” state. That is, the jurisdiction is one that requires a license to carry a concealed handgun, and where […]
New Nitrogen Control Requirements Imposed On Construction In Suffolk County, East Hampton & Southampton
In 2013, the U.S. Environmental Protection Agency warned that the frequency, severity and distribution of Harmful Algal Blooms (HABs) was increasing worldwide. (USEPA, Impacts of Climate Change on the Occurrence of Harmful Algal Blooms, Office of Water, EPA 820-S-13-001, May 2013). Subsequently, the Centers For Disease Control found that HABs appear to be rapidly increasing […]
Beware Of Trademark Scams
Trademark owners are often targeted by companies with official looking letters purporting to be from an official government agency. These companies usually have the word “trademark” in the name, e.g., “Patent & Trademark Bureau” or the like, and their purpose is to extract an exorbitant amount of money from you. The only official agency in […]
Twomey Latham Prepares Comprehensive Analysis of New York Paid Family Leave Benefits Law
Jeffrey W. Pagano and Donald L. Mabry of the firm’s Employment and Labor Counseling and Litigation team have prepared a comprehensive analysis of the New York Paid Family Leave Benefits Law (“PFLBL”). OVERVIEW The New York PFLBL becomes effective on January 1, 2018. New York joins California, New Jersey, and Rhode Island as the only […]
The Forever GI Bill: A “Cliffs Notes” Guide for Veterans
At a time when unity on any issue in Washington, D.C. is a rare commodity, it was gratifying to see lawmakers quickly pass a significant expansion to the education benefits for U.S. military veterans. The Bill, called the Harry W. Colmery Veterans Education Assistance Act of 2017, flew through both the House of Representatives and […]
What’s In A Name?
In today’s Google®-world, for small companies, the answer is… EVERYTHING. Marketing and branding always have been important for businesses, but with many potential customers searching Google® or other search engines for local businesses, a bland, descriptive name will not likely get you any new customers, or, for that matter, any repeat customers that once knew […]
What Is Adverse Possession?
Adverse Possession is when a person makes a claim to real property not based on buying it or receiving a deed for it but because they have possessed or occupied the property in a manner adverse to the true owner. The concept, dating back in English history, is that a person can make a claim […]
Contempt Toward Officials in the U.S. Military – Only the Commander-In-Chief can get away with using Twitter
A heated, emotional and bellicose climate is certainly not new to U.S. politics, but constant connectivity to a never-ending news cycle, combined with new forms of communication technology by way of social media presents new challenges for active duty and reserve service members. As any Soldier, Airman, Sailor or Marine knows, the Uniform Code of […]
Small Unmanned Aircraft Systems For Construction Industry Professionals
Since publication of our June 2016 blog article about the imminent Department of Transportation (“DOT”) and Federal Aviation Administration (“FAA”) rules for the use of small unmanned aircraft, the final rule has been issued and the use of these unmanned aircraft systems (“UAS”, or “drones”) is officially regulated by the Federal government for commercial purposes. […]
Village of Southampton Dimensional Regulation Changes
On April 13, 2017, the Southampton Village Trustees amended Village Code Section 116-17.1(E). The intent of the Village Code change is to reduce the maximum permitted total gross floor area for dwellings on lots located within Residence Zoning Districts R-40, R-20, R-12.5, and R.7.5, as well as Multi-Family Residence Zoning District MF-20, by the total […]
Village of East Hampton Zoning Code Changes
Effective March 2, 2017, the East Hampton Village Trustees enacted two important zoning code changes (Local Laws 5 and 6 of 2017), which changed a number of definitions, including “Flag Lot”, “Lot Depth”, “Lot Width”, “Lot Width, Rear”, “Playing Court”, and “Structure” (Village Code Section 278-1). In addition, the law changed the area and setback […]
Kramer vs. Kramer, Part 2 (the fight over the family pet)
In the movie Kramer vs. Kramer, Ted and Joanna Kramer call it quits after many years of marriage prompting a heated custody battle over Billy, the couple’s five year-old son. However, what if instead of being their son, Billy was, in fact, the Kramers’ pet dog or cat? How would the court have ruled in […]
