Potential Relief for Employee Option Exercises

By | New York Venture Hub | February 23, 2017
Employees must generally recognize income for tax purposes upon the receipt of employer stock to the extent that the fair market value of the IRSstock received is greater than the amount, if any, paid by the employee for the stock. If the employee is taxed on receipt of the stock, that could be a real problem, as he or she may not have the cash on hand to pay the income tax due and the stock is typically not readily tradeable on an established market.  View Full Post
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This is the Legal Malpractice Case Often Used As an Example

Oral argument sometimes drifts to the “analogy” stage, where an example must be used in order to show the simplest type of legal malpractice case.  It is often the particular fact pattern found in Detoni v McMinkens  2017 NY Slip Op 01334  Decided on February 22, 2017  Appellate Division, Second Department. View Full Post
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Sure, Things Went Wrong…but Was It This Guy?

Superior Tech. Solutions, Inc. v Rozenholc  2017 NY Slip Op 01136 Decided on February 10, 2017 Appellate Division, First Department is an example of trying anything to fix a deadly problem.  When this happens, anyone in the general vicinity becomes a target. From what we can glean, longtime tenant gets into a problem with the landlord, and has to try to fix that problem.   View Full Post
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What is the Current Status of OSHA’s Injury and Illness Reporting Rule?

As we previously reported on this blog, OSHA recently made sweeping changes to its injury and illness reporting rule.  The agency delayed enforcement of the rule until December 1, 2016.  Many industry advocates were hoping for a reprieve, and several industry groups, including the Associated Builders and Contractors and the National Association of Manufacturers, had filed suit, seeking a preliminary injunction to prevent the rule from going into effect.  View Full Post
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An Oppression How-to: Revoke Employment, Profit Sharing and Control

By | New York Business Divorce | February 20, 2017
An Oppression How-to: Revoke Employment, Profit Sharing and Control An earlier post on this blog, examining a post-trial decision in Matter of Digeser v Flach, 2015 NY Slip Op 51609(U) [Sup Ct Albany County Nov. 5, 2015], described the minority shareholder’s dissolution claim under Section 1104-a of the Business Corporation Law as a “classic case of minority shareholder oppression.” The Albany-based Appellate Division, Third Department, recently agreed with that assessment in affirming the lower court’s order finding sufficient grounds for dissolution. View Full Post
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NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked

NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked In a decision issued yesterday, the New York State Industrial Board of Appeals (IBA) revoked the regulations regarding payment of wages by debit card and direct deposit.  While the full decision is available here, the upshot is that the IBA concluded that the Commissioner exceeded his “rulemaking authority and encroached upon the jurisdiction of the banking and financial services regulators.” Accordingly, the regulations governing the payment of wages by debit card and direct deposit, which were set to go into effect on March 7th, are revoked.  View Full Post
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One Legal Malpractice Case…Three Lessons in Legal Malpractice

Alphas v Smith 2017 NY Slip Op 01277  Decided on February 16, 2017 Appellate Division, First Department packs a semester’s worth of lecture into one short case. Lesson 1:  Privity in a Small Corporate Setting.  “In opposition to defendants’ motion, plaintiff’s counsel submitted an affirmation citing Good Old Days Tavern v Zwirn (259 AD2d 300 [1st Dept 1999]) and averring that plaintiff was the president and sole shareholder of the Alphas Company of New York, Inc. View Full Post
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How Might a Legal Malpractice Case Play Out Here?

The New York Law Journal reported a “drastic sanction” against a medical malpractice defense firm today in Lucas v Stam  2017 NY Slip Op 01190  Decided on February 15, 2017  Appellate Division, Second Department. “This medical malpractice action arises from ophthalmological surgery performed on September 5, 2007, on the plaintiff’s decedent by the defendant William M. View Full Post
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