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Articles

Trusts and Estates Lawyers Face Increasing Risks of Malpractice Claims

This article appeared in the January 19, 2016 New York Law Journal Special Section on Trusts and Estates. Trusts and estates practitioners have long felt insulated from the reach of legal malpractice ...

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"Start Out Right: Engagement Letters"

This article by Marian C. Rice appeared in the June 2015 New York State Bar Association Journal, Vol. 87, No. 5., the Law Practice Management Issue, which was edited by Marian C. Rice. ...

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"Build a Stronger Firm Through Risk Management"

  This article appeared in the May 4, 2014 New York Law Journal Special Section on Law Firm Management.   Law firm managers have countless responsibilities to their firms. Among those responsibilities ...

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"The Role of the Mediator in E-Discovery"

On Monday, March 23, 2015, the New York Law Journal published the article "The Role of the Mediator in E-Discovery" by L'Abbate Balkan partner, Richard P. Byrne. The article discusses ...

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Interplay of Rules and Statutes in Complex Construction Projects: How the statute of limitations, statute of repose and discovery rule can affect each other

  This article appeared in the January 29, 2015 New Jersey Law Journal.   For attorneys representing clients in complex construction cases, it is not unusual for claims to be asserted ...

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"Priority of Insurance Coverage - Who Holds the Trump Card?"

On Tuesday, December 2, 2014, the New York Law Journal published the article "Priority of Insurance Coverage - Who Holds the Trump Card?" by L'Abbate Balkan partner, Richard P. ...

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Basic Principles Make Exceptional Attorneys

This article appeared in the October 14, 2014 New York Law Journal Special Section, "First Year Associates Handbook." In a recent exercise, attorneys were asked two very basic questions about their profession: (1) ...

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A Good and Happy Lawyer

This article was published in the American Bar Association’s Law Practice Magazine, Volume 40 Number 4, July/August 2014. AN UNHAPPY LAWYER will never be a good lawyer. He or she will ...

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"Risk Transfer - The Ultimate Victory"

On Wednesday, September 10, 2014, the New York Law Journal published the article “Risk Transfer – The Ultimate Victory” by L’Abbate Balkan partner, Richard P. Byrne. The ...

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Controlling the Cost of New York Claims

Why are New York claims so expensive? Of course, everything in New York is expensive: the cost of living is high, salaries are high, rent is expensive, travel is expensive, ...

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New York's Online Resources

One of the most useful resources available to anyone who handles claims in New York is the website offered by the New York State Unified Court System. The homepage ...

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Avoiding Attorney Fee Claim Litigation

This article appeared in the April 14, 2014 New York Law Journal Special Section on Litigation. There is one undeniable truth about the practice of law: If an attorney sues a client ...

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Time Management for Lawyers

This article appeared in the March 2014 edition of Nassau Lawyer, Vol. 63, No. 7. An attorney’s daily schedule is already over booked before emergencies and unexpected events arise. For ...

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The Tax Consequences of Income-Based Repayment of Student Loans

and Marion D. Livermore This article appeared in the December 2013 edition of the Nassau Lawyer.   This Fall, the Department of Education is launching a new initiative to contact student ...

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Planning to Avoid Application of the Reciprocal Trust Doctrine

This article appeared in the December 2012 edition of the Nassau Lawyer With the “fiscal cliff” looming on the near horizon, practitioners are wary of the overwhelming possibility that ...

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Private Employers in New York City Must Provide Reasonable Accommodations to Pregnant Employees Starting in February 2014

On October, 2, 2013, Mayor Bloomberg signed into law additional protections for pregnant employees under the New York City Human Rights Law (NYCHRL). The Pregnancy Fairness Act[i]  (“PFA& ...

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New York City Council Establishes Mandatory Sick Time

The Earned Sick Time Act[i] (“ESTA”), which goes into effect on April 1, 2014, requires most private employers, with a handful of exceptions, to provide employees with five days ...

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Maintaining a Conflict-Checking System

This article was published in the American Bar Association’s Law Practice Magazine, Volume 39 Number 6, November/December 2013.   An attorney may have been practicing 30 years or just hung ...

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"Sharing Space" - a Law Practice Magazine Article by Marian C. Rice

This article was published in the American Bar Association’s Law Practice Magazine, Volume 39 Number 4, July/August 2013.   ACCORDING TO the American Bar Foundation, nearly 50 percent of the ...

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LBCC Effective In Changing Residency Requirement In New York City's Special Inspection Program

Architects and engineers who perform Special Inspections in the City of New York must be working as or through a registered Special Inspection Agency for projects issued a building permit ...

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"Engagement Letters: Beginning a Beautiful Relationship" - a Law Practice Magazine article by Marian C. Rice

This article was published in the American Bar Association’s Law Practice Magazine, Volume 39 Number 3, May/June 2013.   THE ABA STANDING COMMITTEE on Lawyers’ Professional Liability recently ...

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"Email Communications with Clients" - a Law Practice Magazine article by Marian C. Rice

This article was published in the American Bar Association’s Law Practice Magazine, Volume 39 Number 1, January/February 2013.   IT'S OFFICIAL. To represent a client competently—as required ...

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Lateral Movement

This article was published in the American Bar Association’s Law Practice Magazine, Volume 38 Number 6, November/December 2012.   In 2011, pundits proclaimed that the goal of increased profits was ...

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Making Ends Neat

This article was published in the American Bar Association’s Law Practice Magazine, Volume 38 Number 5, September/October 2012.   While the loyalty of an attorney to a single firm ...

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Transitioning Forward with New York's New Form of Business Practice. Is it the Future of Your Firm?

This informative article explores New York's newest form of business entity for design professionals. It was first issued at the 2012 American Council of Engineering Companies of New York's Winter ...

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Did You Intend to Let Others Complete Your Work Without You?

This article was published November, 2011 in Podium, a publication of AIA Long Island, a Chapter of the American Institute of Architects. Most design professionals understand that they are protected by ...

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Staying Afloat in Uncertain Economic Times

This article was published February, 2011 in Podium, a publication of AIA Long Island, a Chapter of the American Institute of Architects. Although cautious optimism is today's watchword, many construction projects ...

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The Martial Artist's Potential Civil and Criminal Liability - Part II - Criminal Liability

This article examines the practical legal aspects of using martial arts techniques while training in the dojo or in defending oneself on the street. Assault and battery, the main ...

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The Martial Artist's Potential Civil and Criminal Liability - Part I - Civil Liability

This article examines the practical legal aspects of using martial arts techniques while training in the dojo or in defending oneself on the street. Assault and battery, the main ...

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What To Ask For In A Commercial Lease

"You don’t ask, you don’t get”. Ignoring this familiar phrase can come with a hefty price tag for a tenant when negotiating a commercial ...

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The Termination of the Attorney-Client Relationship and the Statute of Limitations in Legal Malpractice Cases

Problem situations do not simply go away. Difficult clients do not disappear if ignored. To the contrary, statistics demonstrate that 19% of all claims against attorneys are predicated upon a breakdown ...

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Planning for the Buy Sell Agreement

Along with death and taxes, the only other certainty in life is that every closely-held business needs a buy-sell agreement. The corollary to this rule is that regardless of whether ...

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Controlling Claims Through a Comprehensive Loss Prevention Program

No attorney or firm is immune from a malpractice claim. The number of professional liability claims has dramatically increased over the last decade as the courts continue to expand the ...

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Business Planning from a Legal Perspective

Each business is highly individual in its goals and objectives as well as its ownership structure, financial standing and business specialty. Therefore, while there are general legal concepts applicable to ...

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The Importance of the Preliminary Conference: A Cautionary Tale

There was a time when parties to an action pending in the New York State court system would, as a matter of course, ignore a discovery request until the court ...

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Estate Planning in Uncertain Times

It is widely recognized that the federal estate tax laws must and will be revised. The current law was enacted in early 2001 shortly after President Bush was first elected President. ...

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Key Estate Planning Strategies

Estate planning is more than drafting a Will. There are many considerations involved in meeting clients' estate planning needs and requirements. The following are brief explanations of some of the ...

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