Northern District of Texas Imposes a Nationwide Ban Enjoining Non-Compete Ban The FTC’s non-compete ban that was set to take effect on September 4, 2024, has been permanently enjoined by Judge Ada Brown in the Northern District of Texas. In granting the motion for summary judgment filed by plaintiff, Ryan LLC and the intervening chambers of commerce, the Court opined that the FTC in enacting…
Question: Is there a way to effectuate a change in the ultimate recipients of a person’s probate[1] assets, i.e., assets that pass to beneficiaries under a will, by reference to a document other than the person’s will? Answer: Yes. Under New York law, incorporation by reference does not prevail because it is “an unattested paper.” The purpose of this statute is to eliminate the possibility…
Question: If an individual executed a will in a state other than New York, and the individual who is now a resident of New York passes away, will a Surrogate’s Court in New York recognize that out of state document as a valid will and admit it to probate? Answer: New York will recognize that will as a valid will and admit it to probate…
How has NYREJ helped you, your firm or your industry? Several years ago, the NYREJ published a two-part article of mine on the “Pitfalls of Subdivision Applications on Long Island”. The articles turn up regularly in Google searches on the topic. I have gotten several clients from referring attorneys who read those articles online, even all these years later. The NYREJ is a good source…
Long Island is home to about 15% of New York state’s overall population, but only accounts for about two percent of the state’s overall area. With the small footprint, land is a precious commodity. While development can be seen across the island, there are many properties lying vacant, abandoned, and underutilized because of a former use that has negatively impacted the environment. Many such properties…
New York City’s Local Law 97 (LL97), a cornerstone of the Climate Mobilization Act, is designed to reduce greenhouse gas emissions from buildings, which are responsible for nearly 70% of the city’s carbon footprint. The law mandates strict emissions caps for buildings larger than 25,000 square feet, with compliance deadlines set for 2024 and 2030. Failure to meet these caps results in substantial financial penalties,…
Forchelli Deegan Terrana Founded in 1976, Forchelli Deegan Terrana LLP (“FDT”) is one of Long Island’s largest and most distinguished full service law firms. Headquartered in Uniondale, NY, the firm employs 70+ attorneys in nearly 20 practice groups. FDT has a robust Corporate and Mergers & Acquisitions practice group that services a broad range of industries nationally. Who is on your M&A team and why?Our M&A team…
It’s the 100th anniversary of the New York State Parks, and on Long Island leaders are touting the economic impacts of outdoor spaces. The region accounts for more than 33% of all state park visitation in New York, or 29 million visitors in 2023, according to the Long Island Association, citing statistics from state officials. The officials included Randy Simons, commissioner pro tempore of the…
Valuing contaminated properties presents numerous challenges due to the complexity and uncertainty that contamination entails. The presence of hazardous substances or pollutants can affect both a property’s value and potential uses. As an assessment must reflect market value, contamination can significantly impact taxable valuation. Determining the extent of that impact requires careful consideration of legal, technical and economic factors as the valuation of contaminated properties…
Mixing family with business is famously problematic, yet it is still quite commonplace. Consequently, so is litigation arising from the family business. A family divorce can be just as emotionally and financially taxing as a matrimonial divorce. Indeed, family business disputes are plagued by the failure to document ownership rights and are inherently personal and emotional. For these reasons, family business divorces commonly result in…