Legal Insights

Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.

Featured Articles

Estate Planning Through Premarital Agreements

Gregory T. Peacock

Planning for the end of a marriage before the marriage vows are exchanged can be disconcerting.

Owning Bitcoin May Complicate Your Estate Plan and Income Taxes

Anthony J. Enea

Your cryptocurrency assets could pose problems when it comes to your income and estate taxes.

How To Avoid Five Common Estate and Elder Law Planning Mistakes

Anthony J. Enea

Having a basic understanding of these common mistakes can help reduce the risk of making some unfortunate errors.

Is It Time for You to Have the Long-Term Care Planning Talk With Your Parents?

Anthony J. Enea

How should you talk to your parents about long-term care options? Estate planning can make for a difficult conversation, but wills and trusts are necessary documents for anyone growing older.

4 Legal New Years Resolutions You Can Actually Keep

Anthony J. Enea

New Years resolutions don't always work, but these four reasonable suggestions will serve you well for many more years to come.

Factors to Consider When Naming a Health Care Agent

Anthony J. Enea

A health care agent can make medical decisions for you and see that your end of life wishes are respected.

Most Americans Lack a Power of Attorney for Assets

George M. Riter

Only 25 percent of American households have estate planning documents in place. A Power of Attorney for Assets will secure your financial affairs should you be unable to do so yourself.

The Treatment and Marshalling of Joint Accounts in an Article 81 Guardianship Proceeding

Anthony J. Enea

There are numerous legitimate and logical reasons for the creation of a joint account. However, when an Article 81 Guardianship Proceeding is commenced and the Alleged Incapacitated Person (“AIP”) has accounts jointly owned with another person, it is imperative for the Petitioner to determine the reason the joint account(s) was created ...

The Problems with Probate

Anthony J. Enea

The complexity, cost and delays associated with the Probate process are not often discussed. The following are some of the reasons one should try to avoid utilizing a Last Will that needs to be admitted to Probate upon one's demise:

Does A Joint Bank Account Automatically Contain A Right Of Survivorship?

Anthony J. Enea

A joint bank account is a ubiquitous and popular way to own an account with one’s spouse, children, loved ones and friends.

How the DOL's Final Rule on White Collar Exemptions Compares To Its Original Proposal

Megan Erickson Moritz

We finally know details of the Department of Labor’s long-awaited Final Rule updating the executive, administrative, professional, and outside sales exemptions – i.e., the so-called “white collar” exemptions.

Pooled Community Trust Medicaid Spend Down

What Is a Pooled Community Trust and How Does It Help Keep New Yorkers in Their Homes?

Anthony J. Enea

A pooled community trust allows disabled people who have Medicaid coverage to spend their monthly income that is designated as "surplus" on their own immediate living expenses and daily needs.

Protecting Your Legacy With Estate Planning

Tripp Wiles

You're careful with your finances; do you still need asset protection?

Protect Your Pets: Westchester Elder Law Attorney Anthony Enea Explains How to Provide for Pets in an Estate Plan

Anthony J. Enea

Along with pet ownership comes the responsibility of ensuring your companion animal's care and well-being - even if that extends beyond your lifetime.

Practical Legal Advice: What to do When a Loved One Dies

Salvatore Grillo

When someone you love, whether a relative or close friend, dies, the last thing you want is to start figuring out the legal process.

Is a Trust for my Pet a Viable Option?

Anthony J. Enea

The question most pet owners’ face is what steps they can undertake to ensure that their pet or other domestic animal is properly provided for in the event of their demise.

Trump and Immigration: Separating Truth from Fiction

Harlan G. York

Deportations aren’t up, but the people who are being deported are more “newsworthy.”

Patent Battles at the PTO

S. Benjamin Pleune

Inter partes review (IPR) has become the procedure of choice to resolve the validity of patents, with or without a co-pending litigation.

Disrupting Procurement: The Process Contract and Other Avenues

Jodie Burger

Fortunately, for procuring authorities, process contracts can generally be excluded with a well-drafted exclusion clause in the tender.

“Change” Comes to Washington—What to Expect

Harold P. Coxson

On January 20, 2017, President-elect Donald Trump will be inaugurated as the 45th President of the United States, with an ambitious agenda set for the first 100 days, including the confirmation of his cabinet appointees and a yet-to-be-named Supreme Court nominee.

The Top 10 Labor and Employment Issues Retailers Will Face in 2017

Diane M. Saunders

The public-facing nature of their businesses also has an enormous impact on employment issues within retail establishments.

What Strata Occupants and Investors Need to Be Aware of Regarding the Strata Reform Due to Commence on November 30, 2016

David Bannerman

For property investors, these changes have the potential to make life better or worse, depending largely on how well you understand and can work with these changes.

Between a Rock and a Hard Place: The Preparation and Filing of Sensitive Tax and Information Returns, and the Practitioner’s Dilemma

Richard J. Sapinski

Richard J. Sapinski and Eric L. Green discuss defending someone under investigation in a criminal tax case and examine how these cases can get complicated by “sensitive tax returns.