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 […]

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, 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 […]