ComDiv Rule 1 Amended: Request to Appear Remotely, Avoid Infection, and Save Your Clients a Buck
Farrell Fritz, P.C. Blogs
Latest from Farrell Fritz, P.C.
Continuing Economic Distress: Withholding Taxes and the Risk of “Self-Help”
Stimulus Legislation Limbo
In has been 192 days since the President declared a national emergency concerning the COVID-19 outbreak.[i] Across the country, businesses and communities were immediately placed on lockdown[ii] in order to contain the virus. Unfortunately, this response plunged us into an economic crisis that continues to plague us.
Congress responded relatively quickly.[iii] Between March 3, 2020 and April 24, 2020, it enacted four major pieces of legislation aimed at stemming…
A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines
Two Entities, Two Outcomes: Withdrawal and the Right to an Accounting
In Jacobs v Cartalemi, now the leading case on the subject of LLC member withdrawal (which our firm had the pleasure of litigating), the Appellate Division – Second Department repeated a well-established principle of law: “The right to an accounting is premised upon the existence of a confidential or fiduciary relationship and a breach of the duty imposed by that relationship respecting property in which the party seeking the accounting has an interest.”
The…
Unconscionability Defense Fails to Raise Issue of Fact – Legal Woes for the Whistleblower who Turned Down his Award
In 2015, our colleagues in the white-collar criminal defense bar braced for the impact of a memorandum penned by then Deputy Attorney General Sally Yates. The Yates Memo encouraged both federal prosecutors and civil enforcement attorneys to make increased efforts to hold culpable individuals accountable for corporate misconduct.
The Yates Memo embodied the precept that justice is better served when the responsible individuals are held accountable for corporate misconduct. That precept plays a prominent role…
No Internal Investigation Is Complete Without ESI
When allegations of employee misconduct are alleged, companies must respond swiftly. Indeed, “insider threats” can cause significant damage to a company. These threats come in many different forms, including:
Accounting fraud;
Theft of assets;
Unauthorized access to or manipulation of data; and
Threats, sexual harassment or other inappropriate forms of behavior or communication.
And so, when a threat is perceived or reported, an internal investigation – which aims to assess the validity of the alleged…
NY Courts Tackle New Issues in a Post-COVID Court: Modification of Pre-COVID Court Orders
As New York courts reopen and the mandatory stay-at-home order is lifted, what remains unclear is how the numerous Executive Orders issued by Governor Andrew M. Cuomo during the COVID-19 pandemic will affect individuals and businesses who, based on the economic effects of the crisis, may no longer be able to abide by previously issued court orders.
In a recent decision, Justice Lawrence Knipel addressed one of likely many present-day contractual issues brought on by…
The Threat of Higher Taxes, & The Sirens’ Song of Tax-Saving Schemes
What a Mess
A “perfect storm” may be defined as a critical state of affairs arising from the convergence of a number of negative factors, often after the unexpected introduction of some catalytic event.
The situation in which we find ourselves today may be described as a perfect storm from several different perspectives.
For many years, our nation has been fracturing along various socioeconomic lines. Until fairly recently, we have been able to repair some…
Business Divorce Nation: A Cross-Country Tour of Recent Decisions of Interest
State and County Laws Require Oversight of Certain Local Land Use Decisions
As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level. However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a subsequent recommendation by, the local county planning commission for certain local land use actions that might affect the interests of other jurisdictions. The failure of a local board to make a required referral can have severe consequences,…
