Title IX Insider Winter Edition 2023

Welcome to the Winter edition of the Title IX Insider, a periodic newsletter designed to keep students, teachers and faculty, administrators, and educational institutions at both the K-12 level, and at institutions of higher education informed about important updates in the law related to Title IX and college discipline matters.

Warshaw Burstein, Christian Levine Law Group Retained by Shareholder Group to Investigate Market Manipulation Scheme

Warshaw Burstein, LLP has been retained by Flamethrower, LLC to investigate whether tens of thousands of unsuspecting investors were fraudulently sold hundreds of millions of unauthorized, “phantom” shares of Next Bridge Hydrocarbons, Inc.

William Samuels to Serve as a Co-Chair for the NYSBA Intellectual Property Section 2023 Annual Meeting

William Samuels, Partner and Chair of the Intellectual Property Group, and Vice Chair of the Intellectual Property Law Section of the New York State Bar Association, will serve as a Co-Chair for the NYSBA’s Intellectual Property Section Annual Meeting on January 23, 2023.

Bruce H. Wiener, Slava Hazin's Successful Appeal Featured in Habitat Magazine

Habitat Magazine profiled a recent Appellate Division decision in which real estate litigators Bruce H. Wiener and Slava Hazin won the appeal in Silverman v. Park Towers Tenants Corp.

Warshaw Burstein Featured in Various Outlets for Leading Stock Market Manipulation Investigation

Coverage of the results of a recent investigation into stock market manipulation made by Christian Levine Law Group and Warshaw Burstein, LLP on behalf of Genius Group Limited.

Medicaid Regional Rates for Calculating Transfer Penalty Periods for 2023

2023 Medicaid regional nursing home rates must be used when calculating a transfer of assets penalty period for coverage of nursing facility services.These rates are based on average private pay nursing home costs in each of the seven regions in New York state.
 

Warshaw Burstein’s Fertility Law Group Partners with Gays With Kids for First-of-Its-Kind Legal Guide on Surrogacy and IVF

First-of-its-Kind Legal Guide Informs Intended Dads About Building their Families Through Surrogacy and IVF.

End of Year Estate Tax Planning

With the holiday season upon us and gifting in mind, in 2022, you can make a tax-free annual exclusion gift made of cash or of tangible assets such as stocks, real estate or shares of a family business

Sarah A. Steckler to Serve as a Program Chair for NYSBA Elder Law and Special Needs Law Section Annual Meeting Program

Partner Sarah A. Steckler will serve as a Program Chair for the New York State Bar Association’s upcoming Elder Law and Special Needs Law Section Annual Meeting on January 20, 2023.

Warshaw Burstein Represents Purchasers of The Sloppy Tuna, Prime Oceanfront Commercial Real Estate in the Hamptons

Real Estate Group Chair Harvey I. Krasner and his team represented the purchaser group in a $9.25 million purchase of the former The Sloppy Tuna, an iconic Hamptons landmark, in a transaction that closed November 16, 2022.

Warshaw Burstein Recently Retained by Companies to Investigate Market Manipulation

Warshaw Burstein has been retained by two companies to investigate whether the companies have been targeted by stock manipulators to drive the market price of their securities downward.

SECURE Act rules when you die without designating a beneficiary on your IRA

If you have not designated a beneficiary on your IRA, your intended beneficiary will not have the flexibility to spread distributions from an inherited IRA account over 10 years as provided by the SECURE Act.

Nonimmigrant and Immigrant Visa Applicants Facing Increased Prevalence of Administrative Processing By State Department

Foreign nationals applying for “nonimmigrant” (temporary residence) and “immigrant” (permanent residence) visas at U.S. Embassies and Consulates abroad are now facing increased rates of “Administrative Processing” by the State Department, causing delays in the processing of their visa applications.

Eric Wrubel Discusses How the Term “Family” Continues to Evolve in U.S. Law

Eric Wrubel was interviewed in a comprehensive article in Law360 outlining the evolution of the family and what still needs to be done for greater equality for all families.

Older Americans Act Advisory Council (OAAAC) names Sarah Steckler to second three-year term as a member

Sarah Steckler, Partner in the Trusts and Estates Group and Elder Law Group at Warshaw Burstein, LLP, has been named to a second three-year term as a member of the Older Americans Act Advisory Council to provide advice and assistance making recommendations to Westchester County Department of Senior Programs and Services.

Update on NYS Department of Health 30-Month Lookback and Transfer Penalty for Community Based Home Care

A Medicaid lookback period is the timeframe proceeding the application during which a penalty for transferring assets for less than fair market value can be assessed.

Eighteen Warshaw Burstein Lawyers Named Super Lawyers for 2022

Eighteen Warshaw Burstein lawyers were named 2022 Super Lawyers in their respective practice areas in the New York Metro area.

Warshaw Burstein Partners Martin Siegel and Brian Daughney Advise Houston-based Nexalin Technology on $9.6 Million IPO

Corporate partners Martin Siegel and Brian Daughney represented Nexalin Technology, Inc. as securities and general corporate counsel with respect to Nexilin’s initial public offering of 2,315,000 units which closed on September 20, 2022.

Comment on the Department of Education’s Proposed Changes to Title IX

Comment Submitted by: Kimberly C. Lau, Esq., James E. Figliozzi, Esq. and Branden Lynn, Esq

Maxwell Breed Quoted in The New York Times "Ask Real Estate" Column

Real Estate Partner Maxwell Breed was quoted in the popular Sunday New York Times "Ask Real Estate" column

Eric I. Wrubel, Alexis Cirel and Leron Thumim Named to Best Lawyers 2023 Lists

Eric I. Wrubel and Alexis Cirel Named Best Lawyers In America for the New York Area in 2023, Leron Thumim Named to Best Lawyers: Ones to Watch
 
Warshaw Burstein Recognized as a 2023 U.S. News Best Law Firm, Tier 1 in NYC in Family Law

Slava Hazin Talks About His Life and Career as a Lawyer, Provides Lessons on How We Can All Get Along Better

Slava Hazin, a Partner in the Real Estate Litigation Group, was a guest on Molly Tschang's popular podcast "Say it Skillfully" on the Voice America Business Channel. Slava talked about growing up in Russia and emigrating with his family to Italy, Israel and then New York, and how his experiences shaped him and his career as a lawyer and a problem-solver.

Jack Kannry Featured in Fordham Magazine Summer 2022 Issue, Class Notes

Partner and Chair of the Construction Law Group, Jack S. Kannry, was recently featured in Fordham University's Fordham Magazine Summer 2022 issue, in the Class Notes section.

Warshaw Burstein's Title IX/College Disciplinary Practice Issues Statement on Proposed Changes to Title IX

The current administration released their Title IX Notice of Proposed Rule Making (“NPRM”) on June 23, 2022. This NPRM was released to provide the public with an opportunity to comment before the official rules are issued to replace the current 2020 regulations. As of now the 2020 regulations are still in effect.

Partner Kimberly C. Lau featured in an article from the National Review

Partner Kimberly C. Lau featured in an article from the National Review discussing the proposed changes to the Title IX regulations, "Guilty until Proven Innocent: Biden Title IX Changes Mean Return to ‘Dark Ages’ for Falsely Accused Students."

William Samuels Named Vice Chair of the Intellectual Property Law Section of the New York State Bar Association

William Samuels, Partner and Chair of the Intellectual Property Group at Warshaw Burstein, LLP, has been named Vice Chair of the Intellectual Property Law Section of the New York State Bar Association.

Stephen Boonshoft Joins Warshaw Burstein Real Estate Group as Partner

SEC Issues Guidance for Resolving Securities Disputes with Broker-Dealers

The SEC’s Office of Investor Education and Advocacy (“OIEA”) recently published an investor bulletin to educate investors on the legal remedies available for resolving disputes with broker-dealers under the Financial Industry Regulatory Authority (“FINRA”).
 

The Chronicle of Higher Education interviews Kimberly C. Lau in "Here’s How Title IX Could Change Under Biden’s Proposed Rule"

In the wake of the Biden Administration's newly released proposed Title IX Regulations, Partner Kimberly C. Lau spoke with the Chronicle of Higher Education about what she views as the most notable proposed changes to the current regulations.

Kimberly C. Lau commented in AP article on "LGBTQ students getting new protections under Biden plan"

Partner Kimberly C. Lau provided her commentary to the AP News on the newly released proposed Title IX Regulations.

WHAT’S IN A NAME? SEC Announces Rule Proposal to Address Fund Names

On May 25, 2022, the U.S. Securities and Exchange Commission (“SEC”) released proposed amendments to Rule 35d-1 (the “Names Rule”), under the Investment Company Act of 1940. The SEC believes that the amendments would enhance transparency in the asset management market and ensure that a fund’s name does not misrepresent the fund’s investments and risks.

Kimberly C. Lau Quoted in Just The News regarding Biden-era Title IX Rules

In an article in "Just The News" examining a recent appeals court decision that "suspects" anti-male bias in the President Obama-era Title IX regulations, Kimberly C. Lau commented that she does not expect this ruling will influence the proposed Title IX regulations expected to be released by the Biden Administration this month.

Kimberly Lau recently quoted regarding the ongoing Depp v. Heard trial

Partner Kimberly C. Lau provides her legal opinion to a variety of outlets regarding the ongoing Johnny Depp vs. Amber Heard defamation trial.

Partner Alexis Cirel was a panelist at the 2022 American Bar Association Family Law Section Spring CLE Conference

Last month, partner Alexis Cirel was a panelist at the American Bar Association Family Law Section Spring CLE Conference in New Orleans.

The River Journal recognizes Sarah Steckler's work as a co-chair of the Senior Law Day Collaborative

Partner Sarah A. Steckler was recognized for her work along with her co-chairs of the Senior Law Day Collaborative Elena Falcone, Director of Public Engagement for the Westchester Library System, and Melinda Bellus of Legal Services of the Hudson Valley.

Kimberly C. Lau interviewed by multiple UK media sources on Depp v. Heard defamation trial

Partner Kimberly C. Lau was recently quoted in media outlets in the United Kingdom about the status of the Depp v. Heard trial.

Warshaw Burstein Adds Associates to Litigation, Real Estate, Matrimonial and Trusts and Estates Groups

Warshaw Burstein, LLP announced that the firm has hired five new associates over the past several months to work with the Litigation, Real Estate, Matrimonial and Trusts and Estates groups.

Warshaw Burstein, LLP Trust & Estates, Fertility Law and Matrimonial Law Groups Sponsor PWJC’s Cocktails for a Cause

Warshaw Burstein, LLP is a proud sponsor of the Pace Women’s Justice Center Annual Spring Cocktails for a Cause Party on May 24, 2022.

Kimberly C. Lau interviewed by CBS News for her legal perspectives on the Depp v. Heard defamation trial

Partner Kimberly C. Lau was interviewed by CBS News for her legal perspectives on the Depp v. Heard defamation trial, including her commentary on social media criticism toward Heard as an alleged victim of domestic violence and sexual assault and the potential impact on others from coming forward in the future.

Partner William Samuels named a member of Law360’s 2022 New York Editorial Advisory Board

William Samuels, Partner and Chair in the Intellectual Property Group at Warshaw Burstein, LLP, has been named a member of Law360’s 2022 New York Editorial Advisory Board.

Partner Kimberly C. Lau provided Rolling Stone with her legal opinion regarding the Depp vs. Heard defamation trial

Partner Kimberly C. Lau recently provided Rolling Stone with her legal opinion regarding the potential influence that hostile social media commentary from their fanbase could have on the Depp vs. Heard defamation trial.

Title IX and College Discipline Practice Team's $5.3mm Jury Verdict Covered by Various Media Outlets

Kimberly C. Lau and her team obtained a unanimous jury verdict for their client, Andrew Pampu, in defamation and civil conspiracy claims against defendants resulting in an award of $5.3mm following a week-long jury trial in South Carolina.

Warshaw Burstein Promotes Danielle Buckhardt and Leron Thumim to Counsel of the Firm

“Danielle and Leron each have made important contributions to our firm in their respective areas of practice, and we are delighted to promote them to Counsel,” Frederick R. Cummings, Jr., Managing Partner of Warshaw Burstein, said. “We are proud to be able to continue to grow the firm as well as promote within our diverse and talented team of attorneys."

Warshaw Burstein Promotes Corporate Attorney and Commercial Litigator Thomas Filardo to Equity Partner

Warshaw Burstein, LLP announced that Thomas Filardo has been promoted to Equity Partner of the firm.

Kimberly C. Lau and Warshaw Burstein Team's $5.3mm Jury Verdict Featured in Inside Higher Ed

Kimberly C. Lau, partner and chair of the firm’s Title IX and College Discipline Practice, and her team obtained a unanimous jury verdict for their client, Andrew Pampu, in defamation and civil conspiracy claims against defendants resulting in an award of $5.3mm following a week-long jury trial in South Carolina.

Sarah A. Steckler Named to Pace Women’s Justice Center’s Friends of Gail Advisory Board

Organization provides free legal services to victims and survivors of domestic violence, sexual assault and elder abuse.

Harvey Krasner, Chair of Real Estate Group, and Team Represent Purchasers in Miami Deal

Harvey Krasner and Patrick Calella represented joint venture 7G Realty and Forte Capital for the transaction and financing of a $10.8 million purchase of a 18,256-square-foot warehouse that has been converted into a retail building at 2214 North Miami Avenue in the Wynwood neighborhood of Miami.

SEC Proposes Rule Changes for SPACs to Enhance Disclosure and Protect Investors

by Jordan Kohn and Brian Daughney

Big changes may be on the horizon for special purpose acquisition companies (“SPACs”). The Securities and Exchange Commission (SEC) voted on Wednesday, March 30, 2022, to propose new rules for SPACs which, if adopted, would require SPACs to provide increased investor disclosures focused primarily on their ownership and performance forecasts. The proposed rules and amendments are designed to enhance disclosure and investor protection in initial public offerings (IPOs) by SPACs and in business combination transactions involving shell companies, such as SPACs, and private operating companies.

Kimberly C. Lau and Warshaw Burstein Team Obtain $5.3mm Jury Verdict Against Defendants for Defamation and Civil Conspiracy

Kimberly C. Lau, partner and chair of the firm’s Title IX and College Discipline Practice, and her team obtained a unanimous jury verdict on their client’s, Andrew Pampu, defamation and civil conspiracy claims against defendants resulting in an award of $5.3mm following a week-long jury trial in South Carolina.

Partner Sarah Steckler Featured on WVOX Radio Show

Sarah Steckler, a partner in the Trusts and Estates and Elder Law groups was a featured guest on "Time to Talk with Jen Graziano" on WVOX 1460 AM on February 28, 2022. Sarah discussed Senior Law Day programs in Westchester County, as well as basic information about trusts and estates planning.

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