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Eric Wrubel Examines the Weight of a Child's View and Voice in a Parentage Proceeding in Article in NYLJ07/19/2023
Eric Wrubel, Partner and Chair of the Matrimonial Group and Co-Chair of the Fertility Law Group, authored an article for the New York Law Journal exploring whether a child’s views and voice play any role in a parentage proceeding.
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"Wombs for Rent" or Bodily Autonomy? Feminist Ambivalence Towards Assisted Reproduction in the 21st Century05/18/2023
by Rose Holden Vacanti Gilroy
Assisted reproduction has become increasingly widespread in the United States, with 73,602 children born using assisted reproductive technologies (ART) in 2020 alone. Yet, as of late, ART has not fostered much mainstream feminist action or extensive contemporary discourse within feminist legal theory. -
SEC Announces 2023 Examination Priorities03/29/2023
On February 7, 2023, the SEC’s Division of Examinations announced its examination priorities for 2023. Examination priorities are released annually and provide investors and registrants with transparency into those areas that DOE believes bring heightened risks to investors, registrants and to the integrity of the U.S. capital markets.
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Bill Samuels Interviewed on Trademarks in Bloomberg: "NYC’s Shuttered Princeton Club Lands in Tussle Over Trademark Name"02/06/2023
Bill Samuels, Partner and Chair of the Intellectual Property Group, was interviewed for Bloomberg about what might happen in a trademark case involving the Princeton Club in New York.
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William Samuels Interviewed for Series of IP Articles for Super Lawyers11/14/2022
William Samuels, Partner and Chair of the Intellectual Property Group, was recently interviewed for a series of articles for Super Lawyers discussing several issues related to protecting intellectual property.
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Partner Alexis Cirel Published in American Bar Association Family Advocate Magazine Fall 2022 IssueFall 2022
Family and Fertility Law Group Partner Alexis Cirel has been published in the American Bar Association Family Advocate Magazine Fall 2022 issue. Her article, "ART Parentage, Divorce and the Marital Presumption," discusses the legal presumption of parentage based on the marital relationship and its application in the context of assisted reproduction.
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Kimberly C. Lau Profiled on Law.com in "How I Made It" Q&A Series08/11/2022 | Law.com
Partner Kimberly C. Lau was featured in an article on Law.com as part of its "How I Made It" series.
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Legal Uncertainty after The Supreme Court’s Overturning of Roe v. Wade: What Remains Unknown and What Comforts We Can Take08/03/2022 | GoStork.com
Partners Eric Wrubel and Alexis L. Cirel have published an article on GoStork.com discussing the recent Supreme Court overturning of Roe v. Wade.
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Up for the Takings: Could New Holdings Destabilize Rent Stabilization in New York?06/17/2022 | New York Law Journal
Sometimes, we have to wait. Many involved in New York multifamily real estate have been doing exactly that since this past February, when the Second Circuit of the United States Court of Appeals heard combined argument on appeals from dismissals of two challenges to New York’s rent stabilization laws in Community Housing Improvement Program v. City of N.Y., and 74 Pinehurst LLC v. State of N.Y.
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SEC Announces 2022 Examination Priorities05/19/2022 | New York Law Journal
by Meryl E. Wiener
On March 30, 2022, the Securities and Exchange Commission’s Division of Examinations (“DOE”) announced its examination priorities for 2022 (2022 Examination Priorities). Examination priorities, which are released annually, provide investors and registrants with transparency into those areas that DOE believes bring heightened risks to investors, registrants, and the markets. -
2022 Observations of Examinations of Private Fund Advisers03/29/2022 | New York Law Journal
by Meryl E. Wiener
A discussion of the Private Fund Adviser Risk Alert, published on Jan. 27, 2022 by the Division of Examinations of the SEC, which supplemented the compliance deficiencies observed in its earlier (2020) examination of registered investment advisers that manage private funds. -
Warshaw Burstein Sues CNY Fertility For Negligent Handling of Same-Sex Couple’s Embryos03/27/2022 | New York Post
Eric Wrubel, a partner in and Chairman of the firm’s Matrimonial Group and Co-Chair of its Fertility Law Group, and Alan Pollack, a partner in the firm’s Litigation Group, have filed a complaint on behalf of their clients in Albany State Supreme Court against the CNY Fertility Center (CNY) and several of its physicians.
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The Child Custody System Is Broken; Our Kids Need It Fixed03/14/2022 | New York Law Journal
by Eric Wrubel
To fix the child custody system requires an acknowledgment that “the system” is broken. The legal system is ill-equipped to handle the dissolution of the family and its re-ordering post-divorce. -
Tips for Rebuilding Your Business When Your Referral Base Retires02/16/2022 | The New York Law Journal
by Murray Schwartz
Nothing can stop the clock and keep us from getting older. But nothing so stated should force us into retirement. We older folks can rebuild, we can grow, we can flourish and most important, we can continue to make contributions to an improving world. -
Partner Alexis Cirel published in Trust & Estates magazine01/24/2022
Partner Alexis Cirel has published an article in the latest issue of Trust & Estates magazine discussing novel legal issues prompted by scientific advances in the world of assisted reproduction.
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Maxwell Breed Quoted in The New York Times "Ask Real Estate" Column01/23/2022
Real Estate Partner Maxwell Breed was quoted in the Sunday New York Times "Ask Real Estate" column on the wisdom of suing your landlord. In the context of a tenant asking about recourse when a dog day care center moved into the building and the noise of dogs barking was affecting his work and personal life, the reporter writes that you could potentially sue the landlord and dog-school owner for creating a nuisance. But lawsuits are not without headaches, expenses, and there is no guarantee that you will ultimately come away a winner. Mr. Breed said: “I’ve heard it said before that litigation is the sport of kings. Are you going to hire an attorney and pay hourly rates to chase after the owner?”
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A Savings Plan for Disability Costs: ABLE Accounts in New York01/20/2022
The Achieving Better Life Experience Act (ABLE Act) (26 U.S.C. § 529A) allows qualified individuals with disabilities to keep Medicaid, SSI and other government benefits while saving for disability related expenses on a tax-free basis.
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UPDATE: U.S. to Lift Omicron-Related Travel Ban on Southern Africa12/27/2021
The White House has announced that it will remove the travel restrictions on eight southern African countries, originally imposed to curb the spread of the COVID-19 omicron variant.
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Warshaw Burstein Interns Published in NYSBA's "Perspective" NewsletterWinter 2021 | Perspective
Warshaw Burstein summer 2021 interns Laura Cohen, Christopher Haughey, and Matthew Zapata were recently published in the 2021 Winter edition of the New York State Bar Association's "Perspective" newsletter. "Lessons on Students’ First Amendment Rights From the Supreme Court’s Mahanoy Area School District Decision" discusses the U.S. Supreme Court’s 2021 decision Mahanoy Area School District v. B.L. by and through Levy and provides guidance on American public schools’ ability to regulate students’ off-campus speech moving forward.
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Alexis Cirel Featured within Law.com "How I Made Partner" Spotlight09/15/2021 | law.com
Fertility Law Group practice leader Alexis Cirel featured within Law.com Q&A “How I Made Partner” spotlight.
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Coronavirus and the Workplace Updated: Business Guidance for Vaccinated People05/20/2021
New York State has lifted most capacity restrictions on business establishments including retail, food services, gyms, fitness centers, amusement parks, entertainment, hair salons, barbershops, and offices. With some exceptions, New York State’s Reopening Guidance essentially leaves it up to each individual business to determine whether to continue to adhere to mask-wearing and social distancing requirements or to follow the CDC’s “Interim Public Health Recommendations for Fully Vaccinated People.”
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Kimberly Lau Quoted in Chronicle of Higher Ed Article, "Is a Fair Title IX System Possible?"05/18/2021
Title IX and College Discipline practice leader Kimberly Lau spoke with Chronicle of Higher Education about the complicated nature of the question: Is a fair Title IX system possible?
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Q&A With Alexis Cirel: How One Passionate Attorney and Mom Helped Pass New York's Child-Parent Security Act05/10/2021
Fertility Law Group leader, Alexis Cirel, sat down with GoStork to discuss her journey to help develop and pass the Child-Parent Security Act.
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Examining SEC's 2021 Examination Priorities04/29/2021
Examination priorities are released annually. The 2021 priorities highlight nine non-exhaustive areas on which DOE intends to focus during the year.
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Eric Wrubel Interviewed by Authority Magazine About Surviving and Thriving During a Divorce04/19/2021
In a new piece from Authority Magazine, matrimonial practice leader Eric Wrubel shares his top five things to keep in mind to survive and thrive during and after a divorce.
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Succession Planning for the Family-Owned Business—Keepin’ it ‘All in the Family’04/05/2021
If you plan to pass your business to your offspring, there is more to keep in mind when creating your succession plan than your descendants—there is also their spouses—especially if they become ex-spouses. In a piece for Bloomberg Tax, matrimonial practice group leader Eric Wrubel lists some considerations to keep in mind.
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Special Consideration of the Surrogacy “Journey”
and its Joint Undertakings03/30/2021On February 15, 2021, the Child-Parent Security Act (CPSA) became law in New York. Codified as Family Court Act Article 5-C, the CPSA is a revolutionary and sweeping new law that applies to children conceived using assisted reproductive means including gestational surrogacy. Gestational surrogacy is, an arrangement in which a woman (the “surrogate”) enters into a “surrogacy agreement” to become pregnant with and give birth to a child to whom she has no genetic connection, with the intent that someone else (the “intended parent(s)”) be the child’s legal parent.
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Biden's H1-B Approach Will Benefit Foreign Workers and US03/25/2021
One of former President Donald Trump's signature issues involved his strong desire to remake the U.S. immigration system in all facets. The drastic changes and controversial policies implemented, such as the border wall, child separation "no tolerance" removal policy and political asylum restrictions, were accordingly wide in scope and gained significant notoriety for their big impact.
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Fred Cummings Quoted in American Lawyer Article About Anticipated Immigration Law Changes Under Biden01/04/2021
Managing Partner Fred Cummings spoke with American Lawyer about how law firms are preparing for the anticipated process and procedure changes to immigration law under the Biden administration.
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The Savings Clause: Issues in Foreclosure Defense Cases12/30/2020
Partner Pankaj Malik and associate Melissa J. Montenes dive into a case raising novel issues that will impact New York foreclosure law. While the case is currently pending before Appellate Division, 2nd Department, once closed, it is expected to provide useful guidance in foreclosure cases and other matters where CPLR §205(a) is at issue.
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Sophie Jacobi-Parisi featured on Divorce: What to Expect podcast12/09/2020
Sophie Jacobi-Parisi, partner in the Matrimonial Group, joined podcast host Marcy Hahn and California-based family law attorney Jude Egan, to discuss how the pandemic has impacted child custody cases, especially relating to relocation and making decisions on educating the children.
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Structuring Like-Kind Real Estate Exchange Treatment09/30/2020It is a commonly held belief among real estate investors that they will be entitled to like-kind exchange treatment under the Internal Revenue Code (the “Code”) if they sell real property (commonly referred to as a “relinquished property”) and use the cash proceeds to acquire another real property (commonly referred to as an “exchange property”) as long as they (i) identify the exchange property no more than 45-days after the relinquished property is transferred; and (ii) acquire the exchange property no more than 180-days after that transfer occurs. While sometimes true, this could be a trap for the unwary when a calendar year taxpayer sells real property after October 17 (October 18 if the following year is a leap year) of any year.
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USPTO Fees to Go Up on October 2, 202009/22/2020
Just when you thought you had seen every challenge 2020 could offer, we are reminded that patent fees charged by the United States Patent and Trademark Office (USPTO) will go up about 5% on October 2 of this year.
This adjustment has been in development since 2018, with the USPTO noting, “The overall strategy of the Final Rule is to establish a fee schedule that generates sufficient multi-year revenue to recover the aggregate costs of maintaining USPTO patent-related operations and accomplishing the USPTO’s patent-related strategic goals.”
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Client Alert: SEC Broadens Accredited Investor Definition Expanding Access to Capital Markets09/09/2020
On August 26, 2020, the Securities and Exchange Commission (SEC) adopted amendments to the “accredited investor” definition in Rule 501(a) of Regulation D under the Securities Act of 1933, as amended, that update and improve the accredited investor definition. The purpose of the amendments is to better identify investors that have sufficient knowledge and expertise to participate in investment opportunities that do not have the rigorous disclosure and procedural requirements and related investor protections, provided by registration under the Securities Act. The amendments are substantially as proposed by the SEC on December 18, 2019.
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DivorcedMoms.com Features Sophie Jacobi-Parisi’s article “Five Reasons Why Living Through a Divorce is a Bit Like Living Through Our Current Climate”08/17/2020 | DivorcedMoms.com
DivorcedMoms.com recently featured Matrimonial and Family Law partner Sophie Jacobi-Parisi’s article, “Five Reasons Why Living Through a Divorce is a Bit Like Living Through Our Current Climate.”
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Eric Wrubel Authors New York Law Journal Article on Balancing Parenting Roles Post Divorce Amid COVID8/6/2020 | The New York Law Journal
Eric Wrubel, partner and chair of the Matrimonial Law Department, wrote an article for the New York Law Journal, “Blurred Lines: Balancing Parenting Roles Post Divorce Amid COVID.”
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Ally Hack and Elizabeth Erickson Co-Author New York Law Journal Article on the Implications of the 'Fields v. Fields': “Townhouse Stoop-Sweeping” Case 10 Years Later07/24/2020 | The New York Law Journal
In this New York Law Journal article, Ally Hack and Elizabeth Erickson review how New York Courts have handled the "head-scratching" decision in 'Fields v. Fields' in the subsequent 10 years after the case.
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Client Alert: Tax Planning This Election Year07/22/2020
The Tax Cuts and Jobs Act of 2017 effected a number of tax changes that benefited high-net-worth individuals and businesses. With the upcoming Presidential and other elections this November, which could deliver control of the White House and the Senate to the Democrats, a number of observers have expressed concern that many of the foregoing benefits, as well as benefits that were in effect prior to enactment of the 2017 Tax Act, may be repealed.
For this reason, and because asset values are expected to increase as the recession winds down, there are a number of steps high net worth taxpayers might consider in order to take advantage of these endangered benefits. These steps include triggering income and gain this year, accelerating asset acquisitions and like-kind exchanges, restructuring foreign and domestic business operations, and gift giving. Learn more in this alert. -
Sophie Jacobi-Parisi Authors Article on Why Living Through a Divorce is a Bit Like Living Through Our Current Climate for Thrive Global7/16/20 | Thrive Global
Matrimonial Group Partner Sophie Jacobi-Parisi recently wrote the article, “Five Reasons Why Living Through a Divorce is a Bit Like Living Through Our Current Climate” for Thrive Global. Click here to read the article.
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Warshaw Burstein Title IX/College Discipline Group Co-Authors Expert Opinion Article for New York Law Journal on New Regulations Demand Due Process for Campus Sexual Misconduct Cases06/29/2020 | New York Law Journal
In an Expert Opinion column in the New York Law Journal titled, "New Regulations Demand Due Process for Campus Sexual Misconduct Cases" written by members of the Warshaw Burstein Title IX/College Discipline Group: Kimberly C. Lau, Litigation Partner and Chair, James Figliozzi, Counsel and Branden Lynn, Associate, the authors review top-line changes in the new Title IX regulations, the renewed focus on due process, and also address the regulations' likely successes and shortcomings ahead of their implementation on August 14, 2020.
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The Cares Act Amended: Paycheck Protection Program Flexibility Act of 20206/9/2020
If you have already received a PPP loan, the PPP Flexibility Act will not allow you to apply for or receive a second loan. With respect to loans applied for after enactment of the PPP Flexibility Act, although the covered period has been extended to 24 weeks, there has been no change to the maximum loan amount that can be borrowed under the PPP - it remains 2.5 times a borrower's one-month average payroll cost, as determined under the existing PPP application.
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Martin Siegel and Ally Hack Co-Author Law360 Article on Executing NY Contracts While Working From Home6/4/2020 | Law360
Partners Martin Siegel and Ally Hack co-authored a Law360 article on executing NY contracts while working from home. In the article, Martin and Ally explore how lawyers can satisfy the New York Statute of Frauds remotely using technology to help facilitate deals and make contractual commitments such as by using mobile phones and videoconferencing tools, including Zoom, BlueJeans or Skype For Business
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Elizabeth Erickson, an attorney in the Matrimonial Group, was a guest blogger for Caroline Zwickson, a women's health and life coach, as part of Zwickson's "ML Spotlight Series." The article explored how the “mental load”, as a significant parenting dynamic, is overlooked in custody arrangements, and suggests simple steps to address and recalibrate the mental load so that all family members can thrive in post-divorce life. Click here to read the article.05/28/2020
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Warshaw Burstein Partner Felicia Ennis Discusses Keys to Successful Business Reopening05/26/2020
Felicia Ennis, Partner in the Employment law group, discusses the elements of a post-pandemic Back to Work Plan for businesses.
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