A few years ago, I wrote an article regarding New York and federal efforts to impose restrictions on non-compete agreements in employment. While efforts to limit the use of non-compete agreements have been widespread, their current legal impact has been negligible. On the federal level, the Trump administration abandoned the Biden administration’s attempts to prohibit non-competes nationwide, opting instead to focus on a case-by-case approach. …
Two key dates where assessing jurisdictions make instrumental decisions that play a crucial role in determining a property’s assessment are the taxable status and valuation dates. §302 of the Real Property Tax Law (RPTL), provides that real property must be assessed “according to its condition and ownership” as of the taxable status date. The date varies by assessing jurisdiction, so please verify this date with…
Founded in 1976 by Jeffrey D. Forchelli as a small, general practice law firm, Forchelli Deegan Terrana LLP began with a clear mission: To provide exceptional legal counsel while building strong relationships with clients. Fifty years later, that commitment to service and integrity has remained constant, even as the firm has expanded significantly in size, scope, and reputation. Today, with nearly 20 practice groups, the firm is…
After years of accelerated investment in AI, many remain skeptical of the stultifying promises made by the most zealous purveyors of the technology. Companies say AI hasn’t brought significant changes to the way they run their businesses, while 80% of respondents to a recent National Bureau of Economic Research (NBER) survey of almost 6,000 CEOs, CFOs and executives worldwide reported “no impact on either employment…
Your client was just sued for several million dollars in state supreme court for breach of contract. However, your client is a Delaware LLC, your co-defendant is a New York corporation, and the plaintiff is an individual residing in New Jersey. It may make sense to consider removing the case to federal court based upon diversity jurisdiction. However, there are several additional considerations that must…
Governor Kathy Hochul’s proposed revisions to New York’s State Environmental Quality Review Act (SEQRA) represent a targeted effort to expedite housing production and respond to the State’s housing shortage. The foundation of the “Let Them Build” initiative is the reclassification of certain residential developments under SEQRA that utilize previously developed property and rely on existing infrastructure and established land-use controls. Under the proposed SEQRA amendments,…
Compliance with statutes and regulations enforced by the Drug Enforcement Administration (DEA) is not optional - nor is it theoretical. DEA audits of veterinary clinics are now common nationwide, and when violations are identified, the consequences can be severe. These may include monetary fines, suspension or revocation of DEA registration, loss of licensure, and, perhaps most damaging of all, irreparable reputational harm to the practice…
Over the last few years, Nevada has been getting more attention from business entities looking to form or reincorporate in the state. While many business owners traditionally gravitate towards established corporate epicenters like Delaware for incorporation, Nevada has recently emerged as a new and compelling option. The surge of interest in Nevada can be attributed largely to some key competitive advantages due to deliberate steps…
Real property tax assessment litigation in New York State [“tax appeal”, “tax certiorari”] is a nuanced and complex process that must comport with the requirements of state statute, court rules and case law precedent. Consequently, the state legislature took pity on home owners by creating a residential tax appeal forum known as Small Claims Assessment Review [“small claims”]. The stated justification for small claims was…
Jesse Hiney shared his forecast for the Renewable Energy & Clean Energy/Sustainability Industries: New York’s All-Electric Buildings Act (AEBA), enacted in 2023, was poised to reshape the state’s construction landscape by phasing out fossil-fuel systems in new buildings. Designed to support the New York Climate Leadership and Community Protection Act goals, the law established the nation’s first statewide mandate requiring all-electric systems in most new…