What's Next: LAW May 2016

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    If there is one formula that has con-

    tributed to Forchelli, Curto, Deegan,

    Schwartz, Mineo & Terrana, LLPs

    growth since the Uniondale law rmwas launched in 1976, it has been the

    collaboration between its most expe-

    rienced attorneys and their younger

    colleagues. Through this structure,

    the rm has expanded from three

    attorneys with three practice areas to

    more than 60 attorneys and 16 prac-

    tice areas. As the rm celebrates its

    40th year anniversary, it continues to

    depend on this formula to develop in

    talent, practice areas and new technol-

    ogy. The rm embraces its mixture of

    talented attorneys who bring genera-

    tional characteristics to the rm. For

    any organization to survive, it has to

    have a blend of the old and the young,

    said Managing and Founding Part-

    ner, Jeffrey D. Forchelli. You have to

    combine the energy and the enthusi-

    asm of the young with the experience

    and sometimes restraint of the more

    mature practitioners. Blending all of

    those qualities makes a better law

    rm. In the past 40 years, society as a

    whole has changed, Forchelli noted.

    A lot of younger people rely very

    heavily on social media and texting,

    while the older generation relies on

    personal calls and face-to-face meet-

    ings. Recognizing that these different

    forms of communication complement

    each other, the rm encourages its

    younger attorneys to educate its older

    attorneys about the uses of social me-

    dia, while having the older generationremind the younger group that good

    old-fashioned phone calls and meet-

    ings personalize their clients and their

    cases. Social media and texting is

    very good and efcient at times but it

    doesnt have a personality. Sometimes

    you have to see someone face to face so

    you can get an idea of who and what

    you are dealing with, Forchelli said.

    Often clients want to shake hands,

    smile and know that you are alive and

    well and handling their matter. This

    cannot be done online.

    Weaving even more experience

    into its platform, the rm recently

    welcomed two former jurists who

    bring decades of judicial and litigation

    experience that will benet the entire

    rm and its clients. Michael A. Ciaffa

    has been named Of Counsel in the

    rms Litigation Department and Pe-

    ter Skelos directs the rms Appellate

    Practice Group and is a member of its

    Litigation Department. The Litigation

    Department is headed by Jeffrey G.

    Stark, who has served as Justice of the

    New York Supreme Court. Ciaffa, who

    served as a Nassau County District

    Court Judge from 2009 to 2014, has

    achieved notable success adjudicatinghigh prole commercial cases, part-

    nership disputes, insurance coverage

    issues and lawsuits challenging illegal

    or unconstitutional government ac-

    tions. Skelos, among his many judicial

    duties, was elected as a Justice of the

    New York State Supreme Court for

    the 10th Judicial District in 1998. In

    2004 Justice Skelos was appointed by

    Governor George Pataki as an Associ-

    ate Justice of the Appellate Division,

    Second Judicial Department. He is

    known for his incisive questioning

    from the bench and is the author of

    numerous scholarly opinions. We

    brought Michael Ciaffa and Peter

    Skelos in, not so much for them having

    served as judges but, for being very

    good lawyers, Forchelli said. Both

    are very experienced practitioners,

    having extensive experience in the

    private sector for many years before

    becoming judges. They add a lot to the

    rm because so much of law is experi-

    ence, and the experience of sitting on

    the bench as a judge is a great edu-

    cational tool. They have seen the law

    from both sides of the bench. That ex-

    perience adds a lot to your thinking on

    how things can and should be done.

    The rm not only concentrates on

    developing its talent, it also invests in

    the latest technology, most recently

    upgrading its computer system within

    its Tax Certiorari Department. This

    program allows us to have everything

    with us so that we can make simpleadjustments and do valuations during

    conferences, in court or while we are

    on trial, said the rms Chief Operat-

    ing Partner and head of the Tax Cer-

    tiorari Department, John V. Terrana.

    The rms various practice areas

    continue to expand and are enhanced

    as a result of a combination of attor-

    neys who range from baby boomers

    to millennials. Robert H. Groman,

    head of the Tax, Trusts and Estates

    Department recently celebrated 50

    years practicing in this eld. Jeffrey

    D. Forchelli, in addition to his oth-

    er responsibilities, has headed the

    Land Use Department since the rm

    was founded. The Real Estate dept.

    is headed by Brian R. Sahn who was

    recently honored as a Legal Eagle.

    James C. Ricca and Steven G. Gaebler

    who co-chair the Banking Department

    are well respected throughout the

    banking industry. Joseph V. Cuomo,

    chair of the Corporate Law Depart-

    ment continues to oversee the rms

    sponsorship of the Association of

    Corporate Counsel (ACC) Greater New

    York Chapter, the largest community

    of in-house counsel in the world. The

    Construction Law Department which

    was seamlessly integrated into the

    Firm, co-chaired by Peter A. Agovino

    and Joseph P. Asselta, complements

    the other real estate based practice ar-

    eas. Since joining the rm, the Labor

    and Employment Department con-

    tinues to expand under its chairmanGregory S. Lisi. The rms Industrial

    Development Agency (IDA)/Municipal

    Benets Department, headed by Dan-

    iel P. Deegan, continues to represent

    award winning transit orient develop-

    ment projects.

    As the rm looks toward the future,

    it plans to continue its decades-long

    growth pattern. We are constantly

    looking into other people and other

    rms to see if there is a good mix,

    Forchelli said. However, we want

    to grow in an orderly and intelligent

    fashion. We want to grow in a way

    that we feel, in the long run, makes

    us a better rm. To grow in a way

    that increases our numbers, as well as

    increases the ability, experience and

    enthusiasm of our attorneys is what

    we look for.

    Forchelli, Curto, Deegan, Schwartz, Mineo &

    Terrana, LLP LI-Based Firm Celebrates 40 Years

    Jeffrey G. Stark (l), head of Forchellis Litigation Department welcomes new hires Michael A. Ciaffa (c), who has been named Of Counselin the firms Litigation Department; and Peter Skelos, who directs the firms Appellate Practice Group and is a member of its LitigationDepartment. All three attorneys provide decades of judicial and litigation experience to the firm and its clients.

    Managing Partner Jeffrey D. Forchelli

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    Steady growth and diversity is at

    the root of Bond, Schoeneck & Kings

    approach to addressing its clients

    challenges. True to form, the law rmsGarden City ofce is exploring regional

    growth opportunities, adding practice

    areas and positioning itself to respond

    to the evolving needs of its clients.

    We are always keeping our eye out

    to grow strategically as we recently

    did in Buffalo with the acquisition of

    Jaeckle Fleischmann & Mugel, which

    made Bond one of the largest full ser-

    vice law rms in Buffalo and Upstate

    New York, said Bernie Kennedy,

    co-managing member of Bonds Gar-

    den City ofce. We are interested in

    broadening our practice scope on Long

    Island and establishing a foothold in

    Westchester County. Regarding Long

    Island specically, we are looking for

    strategic growth opportunities with a

    high quality, full service law practice

    with whom we have cultural synergies

    and which allows us to add corporate,

    real estate, trust and estates and com-

    mercial litigation capabilities to our

    existing practice areas.

    In addition to strategic region-

    al growth, Bond is expanding the

    practice areas it offers to satisfy the

    evolving needs of its clients. The rm

    which maintains nine ofces in

    New York; one in Naples, FL; and one

    in Overland Park, KS announced

    last October the creation of rm-

    wide Cybersecurity and Data Privacy

    Practice Group, which offers clients

    an additional layer of protection by

    providing counsel on cybersecurity and

    data privacy matters that may occur

    with business and health care transac-

    tions, employment issues, information

    management, intellectual property

    and litigation. The Cybersecurity

    and Data Privacy Practice Group

    also assists clients preparing for, and

    responding to, data breaches and

    security failures, and navigating the

    regulatory patchwork of Federal and

    state privacy laws, including HIPAA,

    FERPA, the Gramm-Leach-Bliley Act

    and data breach notication laws.

    The multi-disciplinary Cybersecurity

    and Data Privacy Practice Group,

    co- chaired by members Clifford Tsanand Michael Billok, is comprised of 13

    attorneys from several of Bonds ofc-

    es, including Jessica Moller, a member

    of the rm who practices out of the

    Garden City ofce.

    Jessica Moller, who has counseled

    clients on privacy matters and defend-

    ed employers against invasion of pri-

    vacy claims, was recently a featured

    panelist discussing cybersecurity and

    the protection of condential employee

    records and information at Hofstra

    Law Schools Labor and Employment

    Law Journal Spring 2016 Sympo-

    sium. Our clients are experiencing

    daily threats in cybersecurity and data

    privacy, said Moller. By bringing to-

    gether this special group of attorneys

    from across a range of practice areas,

    we offer guidance and support for the

    increasingly sophisticated challenges

    presented by the cyber world. We can

    help our clients with compliance mea-

    sures required for the protection of

    private information and data, and the

    increasing regulatory burdens faced by

    management regardless of an organi-

    zations size, she said.

    Practice group co-chairs Billok and

    Tsan are being celebrated for their

    recent accomplishments and appoint-

    ments which benet the entire rm

    and its clients.

    Billok, a member in the rms

    Albany ofce, has earned the Certi-

    ed Information Privacy Professional/

    United States (CIPP/US) credential

    through the International Association

    of Privacy Professionals. The CIPP/US

    has become the preeminent credential

    in the eld. The CIPP/US credential

    demonstrates a strong foundation in

    U.S. privacy laws and regulations and

    understanding of the legal require-

    ments for the responsible collection,

    use, and transfer of sensitive personal

    data. In addition to counseling clients

    on best practices for cybersecurity and

    data privacy, Billok is a labor and em-

    ployment attorney, advising clients in

    a wide range of industries-- including

    manufacturing, retail, healthcare, and

    not for prot organizationson all as-

    pects of the employment relationship.

    Clifford Tsan, a commercial lit-

    igator and trial attorney, has been

    appointed as the rms rst Diversity

    and Professional Development Leader.

    Diversity and inclusion are core values

    of the rm as it realizes adherence to

    these principles strengthens the bond

    it shares with both its clients and

    communities. In this position, Tsans

    focus will be on rm wide diversity

    and inclusion initiatives, including the

    ongoing recruitment of minority and

    female attorneys, as well as profes-

    sional development programs for all

    associate attorneys.

    Although Tsan now works out of

    Bonds Syracuse ofce, he lived in the

    New York City metropolitan area for

    8 years, including time spent attend-

    ing Columbia Law School, and is well

    acquainted with the great diversity of the

    region, which he hopes to leverage for the

    Garden City ofce in his new position.

    Tsan said, This is an exciting and

    important next step in the rms com-

    mitment to devote sustained and in-

    novative attention to its diversity and

    inclusion initiatives. My new role will

    allow Bond to focus not only on our

    primary goal of diversity within the

    rm, but will also allow us to partner

    more effectively with bar associations,

    law schools and other community

    and business groups in joint efforts

    to increase diversity within the legal

    profession as a whole.

    One of the best things we can do is

    to ensure that diversity and inclusion

    are at the forefront of our present and

    future goals, said Kevin Bernstein,

    chair of Bonds Management Commit-

    tee. Our value is in problem-solving for

    our clients. A group of people with dif-

    ferent sets of experiences and perspec-

    tives only adds to that value. Diversity

    in our attorney team is important to us

    and to our clients, and it strengthens

    our rm. That is why we are carving

    out a formal role for Cliff Tsan to spend

    a signicant portion of his work time

    devoted to diversity, inclusion and pro-

    fessional development initiatives.

    The rm proudly values the ra-

    cial, ethnic, cultural, gender, sexual

    orientation, gender identity, disability,

    religious and other diversity of its 540

    attorneys and employees.

    We believe diversity within our

    ranks develops better lawyers and a

    stronger law rm, and is therefore an

    integral part of our ability to provide

    the highest quality legal services to

    our clients, Bernstein noted.

    Bond Schoeneck King:

    Protecting Clients Through Growth & Diversity

    At Bonds Garden City office (l-r) are: Member Terry ONeil, Co-Managing Member Craig Olivo and Co-Managing Member Bernie Kennedy.

    Cliff Tsan

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    A business partnership breakup

    commonly referred to as a business

    divorce shakes the very foundation

    upon which the partners have built

    their legacy. Knowing every business

    divorce requires unique resolutions

    involving a range of legal disciplines,

    Farrell Fritz, with ofces in Uniondale,

    New York City, Hauppauge and Water

    Mill, has added a business divorce

    practice group to its many practice

    areas serving the business community.

    Leading the rms business divorce

    practice group is Peter A. Mahler, a se-

    nior litigation partner in the rms New

    York City ofce. Peter has more than 25

    years experience representing clients in

    business divorce matters and frequently

    lectures on the topic. Mahler, who also

    has authored hundreds of articles on the

    rms widely followed blog, New York

    Business Divorce, is considered one ofthe regions most sought-after business

    divorce attorneys.

    Business divorce cases are highly

    emotionally charged, and even more

    so when dealing with a family-owned

    business pitting parent against child,

    or sibling against sibling, and so on,

    Mahler said. In many cases, each

    workday the feuding owners have to

    go into the ofce and make business

    decisions together at the same time

    theyre suing each other, which almost

    invariably creates ongoing clashes

    and requires far more intensive legal

    counseling than with other types of

    business litigation.One of the greatest challenges in

    business divorce litigation, Mahler

    added, is to maintain the clients focus

    on the business aspects of what they

    are dealing with and try not to have

    their judgment clouded by emotion.

    According to Mahler, business

    divorce lawyers also have to advise

    clients on the changing landscape when

    it comes to choice of business entity and

    its effect on co-owner rights and reme-

    dies. The business divorce landscape

    has changed dramatically in New York

    in the last two decades with the advent

    of the LLC limited liability company,

    Mahler said. LLCs in New York and

    elsewhere are governed by separate

    statutes consisting mostly of default

    rules that owners are free to modify

    or eliminate as they see t by written

    agreement. This gives LLCs a distinct

    advantage over traditional corporations

    and partnerships, which are subject to

    the mandatory rules of their governing

    statutes. Mahler added, This is partic-ularly true when it comes to the enforce-

    ment of duciary duties and the rights

    of LLC members to exit the company or

    to seek judicial dissolution.

    Farrell Fritz business divorce prac-

    tice group employs an interdisciplinary

    approach to dispute resolution. In most

    instances, Mahler pointed out, such

    disputes sooner or later lead to a buy-

    out agreement in which the litigator

    coordinates with the Groups corporate,

    real estate, and tax attorneys as need-

    ed to design and complete the most

    advantageous transaction for the client.

    Asked for an example of a busi-

    ness divorce situation with which hewas involved, Mahler described one

    matter in which he brought a client

    out of the total darkness concerning

    a company in which the client was

    a minority shareholder. For decades

    the company owned and operated an

    outdoor Manhattan parking lot. Over

    the years, he stopped receiving infor-

    mation from the majority owner; he

    came to me asking what can he do. He

    gave me the address; I looked it up in

    the public records and discovered the

    property had been sold by the majority

    owner two years before for $9 million.

    The client was in shock.

    Even though the majority owner put

    up every conceivable roadblock, in the

    end Mahler and his client did prevail.

    We were successful in getting the

    judge to dissolve the corporation, which

    still owned signicant real estate, he

    noted. We got a very large judgment

    against the majority owner, and we

    worked with the court-appointed re-

    ceiver to recover monies for our client.Not every business divorce makes it

    into court or needs to. Farrell Fritz

    business divorce group works with

    clients whenever possible to resolve

    partnership disputes before they

    result in litigation. Our mission is to

    see if we can resolve the problem with

    a business-oriented solution without

    the necessity of litigation, Mahler

    said. At the same time, however,

    litigation can be unavoidable, ei-

    ther because of the personal enmity

    between the partners or because of

    the disparity in their assessments of

    company value. This is why an owner

    involved in a broken relationship withhis or her business partners needs to

    have lawyers at their side who know

    business divorce law inside out and

    have the experience and credibility to

    take the case all the way to trial if the

    case cant be settled.

    While business partners have been

    falling out of love with each other since

    the beginning of time, the business

    divorce attorney is a relatively new

    concept reecting the growing sophisti-

    cation and expertise necessary to devise

    and implement strategies that best

    enable clients to attain their goals. One

    such area of expertise concerns busi-

    ness valuation. As Mahler explained,

    In a business divorce involving a viable

    company with going concern value,

    chances are ultimately someones going

    to buy out someone else, either through

    negotiation or a judicial appraisal

    proceeding, which means as a lawyer

    you need to work closely with a busi-

    ness appraiser and to fully understand

    appraisal concepts and methodology.Our goal is to provide the best

    possible solutions for business own-

    ers when they need to separate from

    their business partners, Mahler said.

    Whether it means selling or buying

    someone else out, or dividing compa-

    ny assets, ultimately thats what the

    practice of business divorce law is all

    about. To do that successfully, the

    lawyer must develop a close working

    relationship with the client, educating

    the client at every step of the process.

    You want your client to understand

    that the upheaval and intense anxiety

    theyre experiencing will end, and that

    a business solution will be achievedthat allows them to get on with their

    lives and pursue their entrepreneurial

    or other goals, Mahler said.

    Farrell Fritz Counsels Disputing Partners with

    Business Divorce Practice Group

    Pictured (l. to r.) are members of Farrell Fritz Business Divorce practice group: Lyle Mahler, Lou Vlahos, Aaron Zerykier, Peter Mahler, Jim Wicks, Steve Melore and Matt Donovan.

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    Certilman Balin has helped to

    reshape the legal landscape with

    innovative practice areas that have

    contributed greatly to Long Islandsgrowth and future expansion. The

    rm, which recently celebrated its

    50th anniversary, began as a Wall

    Street practice, concentrating in public

    offerings, mergers and acquisitions. It

    has grown into Long Islands second

    largest full-service law rm with 80

    attorneys, 15 practice groups, and of-

    ces in East Meadow, Hauppauge, and

    in Saddle Brook, New Jersey.

    The rms attorneys concentrate

    in various areas of real estate law

    including real property tax certiora-

    ri and condemnation, condominium

    and cooperative, land use and zoning,

    environmental, and commercial lend-

    ing. Their focus is also in the areas ofcorporate/securities, litigation, labor

    relations and employment, bankruptcy

    and debtor/creditor rights, estate and

    tax planning/probate law and admin-

    istration, elder, telecommunications

    and criminal. By having such diverse

    areas of practice that complement

    and often overlap each other, it is a

    natural progression to create an area

    of practice that draws its strength

    from an interdisciplinary approach to

    problem solving. A good example is the

    ourishing nonprot practice group

    which counsels nonprot, tax exempt

    and religious organizations.

    SERVING THE NONPROFIT

    COMMUNITY

    We know that nonprots face an

    unprecedented level of regulatory

    scrutiny and enhanced governance

    requirements, said the rms Manag-

    ing Partner Bernard Hyman. We took

    an interdisciplinary approach which

    maximized the skill sets of our attor-

    neys with strengths in various dis-

    ciplines in order to address the legal

    needs of this community, he said. The

    Nonprot Group provides guidance

    in the areas of corporate governance,

    operations and regulatory compliance,

    as well as with regard to transactional

    matters such as mergers and the saleof real estate and other substantial

    assets. In addition, the rms attor-

    neys counsel nonprot, tax exempt

    and religious organizations concerning

    issues relating to labor and employ-

    ment, ethics and conicts of interest,

    risk assessment, risk management,

    disputes and litigation, environmental

    liability and banking.

    Working with the nonprot sector

    comes naturally to Certilman Balin,

    as the rm has always maintained a

    philosophy of philanthropy. Hyman

    said, Long Island has been good to us,

    and its our way of giving back to our

    community and to our clients. In ad-

    dition to mentoring, their people serveon boards, engage in fund raising cam-

    paigns, teach law school and college

    classes, and run or walk to raise funds

    for a myriad of charitable causes.

    The rm is an active supporter of the

    American Heart Association, Long

    Island Cares/The Harry Chapin Food

    Bank, Inc., Big Brothers/Big Sisters of

    Long Island, The Long Island Men-

    toring Partnership and the American

    Cancer Society, to name a few. Each

    year, the rm looks forward to par-

    ticipating in the Marcum Corporate

    Workplace Challenge, which raises

    funds for local charities. Everyone

    looks forward to this event, and it has

    become almost like a company picnic,said Hyman.

    GROWING A NEW GENERATION

    OF LAWYERS

    The tradition of keeping open com-

    munication and an air of informality

    has served the rm well. One of the

    rms traditions involves a large con-

    ference table on the 9th oor in whats

    dubbed the partners dining room,

    and for good reason. Thats where the

    partners come together every weekday

    at 1:00 p.m. to break bread, to regroup

    and to discuss the activities of the day.

    On Thursdays, the associates join the

    partners. Its the rms way of encour-

    aging the seasoned lawyers to mentor

    the next generation.

    Many of these young lawyers have

    graduated from local law schools and

    have landed spots after interning at

    the rm. Some have earned employ-

    ment after being the recipient of the

    Certilman Balin/Hofstra University

    Scholarship program. There are some,

    however, who have taken a less tradi-

    tional route through the rms glass

    doors. These lawyers have worked

    at large Manhattan rms as associ-

    ates, and then opted to practice law

    on Long Island to gain experience insophisticated legal transactions and

    deals while enjoying the lifestyle of

    our region.

    REVITALIZING LONG ISLAND

    Certilman Balin wants more people

    to be able to enjoy the lifestyle of our

    region. By working with developers,

    the rm plays a huge role in the re-

    vitalization of our towns. It is behind

    many new housing opportunities

    across Long Island that encourage our

    young people to stay and that allow

    our empty nesters to remain close to

    family and friends. One of the devel-

    opment projects was the New Village

    project in Patchogue. The rm isactively engaged in several more rede-

    velopment projects including those in

    the Village of Hempstead and the City

    of Glen Cove.

    Currently, the rms real estate

    attorneys are also representing a

    subsidiary of TRITEC, known as Ronk

    Hub LLC. Ronkonkoma Hub provides

    transit-oriented shopping, ofce, and

    residential opportunities in the imme-

    diate vicinity of the busy Ronkonko-

    ma train station. Phase 1, which has

    already received approval, consists of

    489 rental units. Additional phases,

    including mixed retail, ofce, and resi-

    dential opportunities are on the way.

    Heritage at Cutchogue is a 124-

    unit 55-and-older condominium com-

    munity being proposed in a Hamlet

    Density Residential zoning district of

    the Town of Southold. It will provide

    the opportunity for empty-nesters to

    downsize their homes, while staying

    near to family and friends in an ac-

    tive living community within walk-

    ing distance of shopping and other

    small-town amenities.

    Another example is The Port Jef-

    ferson Residences project, which will

    revitalize West Main Street in Port

    Jefferson Village by redeveloping adisused former motel with 112 units

    of high-quality apartments, within

    walking distance of the Harbor and

    downtown shopping.

    FOSTERING RELATIONSHIPS

    The 50 year-old rm prides itself

    on its traditional, brick and mortar

    relationships. Its list of real estate

    clients reads like a veritable Who

    Who On long Island: RXR Realty,

    Kimco Realty, CLK Realty, Signa-

    ture Bank, Capital One Bank, Simon

    Property Group, Toll Brothers,

    Tritec, AvalonBay Communities,

    Archstone, Costco Wholesale Corpo-ration and Home Depot.

    Although the rm has an active

    social media program, the sentiment

    at Certilman Balin is that nothing

    can replace the old-fashioned face-to-

    face. Throughout its journey, the rm

    has maintained its most important

    aspect -- a foundation of solid relation-

    ships with its clients and friends and

    the greater community. As a result,

    the rm is seeing their own form of

    revitalization, as many of the owners

    and developers the rm has repre-

    sented over the years are now passing

    the baton to their children. The new

    generation of lawyers are representing

    the next generation of clients. That is

    what will take us into the future, said

    Bernard Hyman.

    Certilman Balin: A Law Firm Committed to

    Long Islands Growth

    A full service law firm, Certilman Balin has helped to reshape the legal landscape with its diverse areas of practice areas andinterdisciplinary approach to problem solving. Photo By Bob Giglione

    Certilman Balins dedicated group ofattorneys have contributed to Long Islandsgrowth and are committed to the regionsfuture expansion. Photo By Bob Giglione

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    When it comes to serving the

    food and beverage industry, Ruskin

    Moscou Faltischek, P.C. (RMF) in

    Uniondale aims to understand itsclients businesses to provide effective

    solutions for this industrys distinct

    challenges. Having advised compa-

    nies that produce, distribute or sell

    food and beverages for decades, the

    rm has formally assembled its Food

    & Beverage Practice Group, which is

    comprised of attorneys who are noted

    experts in their related elds.

    Food and beverage entities need

    trusted advisors who know their

    industries, said Ruskin Moscou

    Faltischek Partner John DeMaro, who

    heads the Food & Beverage Practice

    Group. In response, we put together

    a multi-disciplined legal team that in-

    cludes attorneys from several different

    departments within the rm.

    RMFs Food & Beverage Group

    includes attorneys from the rms

    litigation, employment, intellectual

    property, corporate, nancial services

    and bankruptcy practice areas.

    Our team approach gives clients

    signicant benets, said DeMaro,

    who is also chair of the rms Intellec-

    tual Property Group and a member of

    its Litigation Department. We cur-

    rently have ve attorneys in the group

    and draw on other attorneys within

    the rm for their expertise, as well.

    The rm helps its food and bever-

    age clients navigate through the mul-

    titude of legal matters that they face.

    A typical food and beverage client,for example a restaurant chain, needs

    advice that spans several different

    practice areas, DeMaro explained.

    A typical client might need advice on

    marketing and advertising, or perhaps

    the client is considering a real estate

    transaction or a joint venture. Our ap-

    proach is to invest at our own expense

    the time and effort to thoroughly un-

    derstand the clients business and the

    challenges it faces, as well as its short

    and long term business and nancial

    goals. We have a group of lawyers who

    can provide a comprehensive strategy

    to ensure that the client is on the right

    track to achieve its goals.

    Founded in 1968, Ruskin Moscou

    Faltischek has consistently evolved

    and expanded to meet its clients

    needs. RMFs Food & Beverage

    Practice Group assists clients with

    mergers, acquisitions and asset sales;

    capital nancings; wage & hour andother employment issues; private label

    agreements; Perishable Agricultural

    Commodities Act (PACA) matters; ad-

    vertising and marketing advice; distri-

    bution agreements; licensing transac-

    tions; intellectual property protection;

    joint venture agreements; trademark

    applications; trademark licensing;

    trademark enforcement and defense;

    governmental relations & represen-

    tation; bankruptcy & creditors rights

    concerns; dispute resolution, including

    litigation and appellate representa-

    tion; and insurance coverage issues.

    RMFs Food & Beverage group

    includes a specialized practice that

    sets RMF apart from other rms that

    practice in the food and beverage area.

    One of our partners focuses on

    claims under the federal Perishable

    Agricultural Commodities Act and

    the Packers and Stockyards Act.

    These are referred to as PACA andPASA claims. These Acts were passed

    by Congress to protect qualifying

    sellers of certain perishable foods in

    the event of buyer defaults, insolven-

    cies and bankruptcies, DeMaro said.

    Qualifying sellers should familiarize

    themselves with these rights and pro-

    tections. The benet here is that un-

    paid suppliers and sellers of perish-

    able agricultural products may obtain

    superior rights over other creditors

    under certain circumstances.

    In connection with the groups

    employment law component, DeMaro

    said: Properly recording working

    time and calculating overtime can

    make your head spin. Employers

    must be sure that they are employing

    appropriate techniques for properly

    capturing employees working hours,

    whether on premises or remotely. In

    addition to the potentially catastroph-

    ic impact on a business, individuals

    can be personally liable for unpaid or

    improperly paid wages. We work with

    companies to ensure that they are

    protected before a plaintiff or investi-

    gator comes knocking.

    The rms Food & Beverage Practice

    Group represents a wide range of cli-

    ents, including national and local man-

    ufacturers and distributors; restaurant

    chains; warehouse clubs; produce

    suppliers; franchisors & franchisees;

    and fast food outlets. It really is a

    broad range of clients both nationally

    and locally, with each client needing

    focused attention, DeMaro said.

    Among the many issues that confront

    the rms Food & Beverage clients are

    those involving intellectual property.

    Assisting clients with trademark

    issues and IP rights has always beena hot topic, DeMaro said. It is not

    uncommon for a potential new client

    to tell us that it started to use a trade-

    mark without doing the appropriate

    searches and background work only to

    nd that there has been a third party

    using a similar trademark for many

    years. Unfortunately that potential

    client will likely have to endure the

    costly exercise of changing its product

    packaging and marketing materials. It

    is essential to get it right the rst time

    and do your homework before a new

    trademark is deployed.

    DeMaro expects the Food & Bev-

    erage practice area to continue its

    steady growth.

    I see the practice growing in terms

    of number of attorneys we have work-

    ing on these issues and also in the

    types of clients we represent, he said.

    As specialized as it is diverse, the

    rm has built cornerstone groups that

    represent all major practice areas of

    law including: corporate & securities,

    nancial services, commercial litiga-

    tion, health care, real estate, employ-

    ment, and trusts & estates. It services

    a diverse and sophisticated clientele

    that includes large and mid-sized

    corporations, privately held business-

    es, institutions and individuals. With

    more than 60 attorneys, knowledge of

    the law, polished business acumen and

    proven credentials, Ruskin Moscou

    Faltischek has earned a reputation for

    excellence and success.

    Ruskin Moscou Faltischek: Bringing Food

    and Beverage Group to its Table

    Ruskin Moscou Faltischek Partner John DeMaro heads the firms Food & Beverage Practice Group.

    With more than 60 attorneys and a reputation for excellence and success, the law firm ofRuskin Moscou Faltischek, P.C. is located at 1425 RXR Plaza, East Tower, in Uniondale.

    10 I SPECIAL ADVERTISING SUPPLEMENTMay 27 - June 3, 2016 I LIBN.COM

  • 7/26/2019 What's Next: LAW May 2016

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  • 7/26/2019 What's Next: LAW May 2016

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    Harris Beach PLLCs recent merger

    activity is perfectly aligned with the

    law rms long-standing mission to

    offer a broad range of distinguished

    services to its clients. As a result of

    two 2016 mergers, Harris Beach has

    expanded its state-wide presence with

    the opening of a second ofce on Long

    Island, as well as expanded its high-

    ly-respected consulting practice.

    Harris Beach, with more than 225

    attorneys and consultants who provide

    a full range of legal and professional

    services, continues to be at the forefront

    of innovation and growth as the rm

    announced its merger with Brown &

    Altman in January 2016. With this

    merger, Harris Beach added a new Mel-

    ville location, several professional staff

    members and six attorneys, who are

    noted for their commercial real estate

    practices, including advising clients on

    land use and zoning regulations.

    The merger has been great both in

    elevating Harris Beachs platform and its

    breadth of service throughout the New

    York Metropolitan area and beyond,

    said Keith Brown, member of Harris

    Beach, as well as a founding partner of

    Brown & Altman. We are now working

    on larger projects that we previously

    could not go near because we didnt have

    the support nor the band width to handle

    larger scale development projects.

    The rm is noted for its engage-

    ment in signicant transit-oriented de-

    velopments on Long Island, including

    representing the Town of Babylon on

    Wyandanch Rising and the Village of

    Hempstead in the villages downtown

    redevelopment project.

    Harris Beachs entrepreneur-

    ial view to problem solving is what

    attracted Brown and his co-founding

    partner, David Altman, to the rm.

    Harris Beach was attractive to

    us because of the rms cutting edge

    approach to providing client solutions,

    Brown said. For example, while our

    Commercial Real Estate Practice Area

    focuses specically on real estate law,

    our Real Estate Developers Industry

    Team provides this industry with a

    wealth of resources related to running a

    business, including nancing, corporate,

    tax, and construction and surety law.

    This merger will position the rm

    for steady growth in new industries.

    Both David and I have an exten-

    sive background in leasing, procuring

    and zoning wireless communication

    facilities throughout Long Island,

    Brown said. We have been looking to

    leverage that experience into serving

    the growing Alternative Energy indus-

    try, which includes solar, wind energy

    and/or fuel cell technology, as well as

    photovoltaic (PV) solar panels.

    We are working with several solar

    companies to obtain municipal zoning

    approvals and permits to construct,

    operate and maintain these facilities

    by working with the various towns

    and, in particular, their Planning De-

    partments to secure the approvals and

    permits, Brown noted.

    Commercial real estate is another

    area with great potential for growth.

    We continue to build on our strong

    personal relationships in the commer-

    cial real estate industry to do a wide

    variety of retail work ranging from gas

    station and accessory convenience store

    development to fast food restaurants,

    drug stores, banks, restaurants, shop-

    ping centers, industrial uses, medical

    and professional ofce uses, hospitals,

    assisted living homes, multi-family

    housing, etc., Brown said.

    A second merger soon followed

    as Standard Advisors Group joined

    Harris Beachs non-legal afliate, HB

    Solutions in April. HB Solutions pro-

    vides clients with non-legal consulting

    services in a wide range of areas.

    As part of this merger, Antho-

    ny Manetta joined HB Solutions in

    Melville and will be spearheading the

    companys downstate growth. Manet-

    ta founded Standard Advisors Group

    following his tenure as CEO and ex-

    ecutive director of the Suffolk County

    Industrial Development Agency.

    HB Solutions helps clients meet the

    full range of their strategic, operational

    and organizational needs, said Thomas

    Garry, managing partner of the Harris

    Beach Uniondale ofce. Its consulting

    professionals utilize their insights and

    experience to provide timely and impact-

    ful solutions in the areas of the Afford-

    able Care Act, education leadership,

    economic development and public affairs,

    energy, health and human services, hu-

    man resources, information technology,

    marketing and communications services,

    and municipal assistance.

    The rms footprint is expanding

    across Long Island.

    The nice part about it is that we have

    been able to utilize our experience in

    handling matters in all thirteen towns

    and various villages here on the Island

    and parlay that into more extensive

    work, Brown explained. Our hope is

    to expose our existing client base to new

    markets where the rm has experience

    throughout Westchester, the Hudson

    Valley, throughout upstate New York,

    as well as New Jersey and Connecticut

    where the rm also has ofces.

    Keith Brown David Altman

    Harris Beach: Mergers Reinforce Firms Services

    12 I SPECIAL ADVERTISING SUPPLEMENTMay 27 - June 3, 2016 I LIBN.COM

  • 7/26/2019 What's Next: LAW May 2016

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    Mark your business calendars.

    On January 1, 2018, the nanny state

    expands again.

    That is the date the New York Paid

    Family Leave Benets Law takes

    effect, and while it seems far off in

    the distance, it will have a strategic

    impact on any business in the Empire

    State currently covered under the

    Disability Benets Law.

    The recently passed Paid Family

    Leave Benets Law (PFFL) will allow

    eligible employees to get up to twelve

    weeks of paid family leave benets,

    initially to be funded entirely by

    employees through payroll deductions.

    Under this new regulation, payroll

    deductions and benets are scheduled

    to begin for eligible employees as of

    the rst of the year, 2018.

    This program will be administered

    through state-approved insurance

    policies and funded by the premiums

    paid for under those policies. Unlike

    temporary disability benets, howev-

    er, employers are not required to con-

    tribute any portion of the family leave

    premiums. Instead, employees will

    shoulder the responsibility of funding

    their benets through mandatory

    contributions which employers collect

    through payroll deductions.

    The PFFL is fairly comprehensive.

    Eligible employees are entitled to up

    to twelve weeks paid leave per year for

    any number of reasons. They include

    caring for a family member with a seri-

    ous physical or mental condition, bond-

    ing with a biological, adoptive, or foster

    child within the rst year of the childs

    birth, or family placement or fullling

    family obligations when a spouse, do-

    mestic partner, child, or parent is on or

    called to active military duty.

    There is also an increasing sliding

    scale on benets. The new law stipu-

    lates that between its January 1, 2018

    commencement date and January 1,

    2021 the maximum allowable paid

    family leave benets will gradually

    increase from eight weeks of leave at

    fty percent of employees average

    weekly wages to twelve weeks of leave

    at sixty-seven percent of average week-

    ly wages. There is also a provision to

    make sure beneciaries are not double

    dipping. Beneciaries are not permit-

    ted to collect paid family leave benets

    if theyre currently getting temporary

    disability benets, workers compensa-

    tion disability payments, or sick pay or

    paid time off from employers.

    The larger question is whether

    PFFL will hurt or help a business and

    its bottom line. A recent Bloomberg

    News story suggests that An analysis

    for the U.S. Labor Department led by

    Columbia Business School professor

    Ann Bartel (2014) examined dozens of

    studies on family leave (after California

    passed the rst such PFFL in 2004).

    It concluded that while Californias

    policy prompted mothers and fathers

    to take more time, it didnt harm

    workplace productivity, protability,

    retention or morale.

    Others suggest the government has

    no place dictating more benets in the

    private sector and that the marketplace

    should dictate what benets are offered

    in the quest to nd, recruit and keep

    the best employees. These advocates

    may have a valid point as this state law

    will come with regulatory audits, new

    and revised handbooks, redrafted poli-

    cies and the need to secure appropriate

    insurance coverage. Noncompliance

    in New York will result in penalties

    including nes and criminal liability.

    While the PFFL does not now pro-

    vide for any employer contributions,

    you can bet that it probably will soon.

    When the 16th Amendment to the U.S.

    Constitution was passed in 1913 mak-

    ing federal income tax legal, the top tax

    rate was 7%; by 1918 it was 77% over

    TEN TIMES HIGHER! As Will Rogers

    wittily observed: The difference be-

    tween death and taxes is death doesnt

    get worse every time Congress meets.

    Ronald Reagan astutely proclaimed:

    The nine most terrifying words in the

    English language are, Im from the

    government and Im here to help. Gov-

    ernment programs, once launched, nev-

    er disappear. Actually, a government

    bureau is the nearest thing to eternal

    life well ever see on this earth.

    These types of Regulations, as well

    intentioned as they may be, deprive

    private employees and employers

    of their freedom to choose whether

    to have such benets and costs andinstead impose them to satisfy the per-

    sonal ideology of elected ofcials who

    dont have to personally pay for them.

    This should be a dramatic reminder

    that no one can afford to be silent and

    uninvolved and fail to vote for candi-

    dates who reect your belief regarding

    how much the government should

    mandate such benets and costs upon

    the private business sector.

    Ronald Rosenberg

    Ronald J. Rosenberg: Navigating the Nanny State

    SPECIAL ADVERTISING SUPPLEMENT I 13May 27 - June 3, 2016 I LIBN.COM

  • 7/26/2019 What's Next: LAW May 2016

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    Lewis Johs Avallone Aviles, LLP

    (Lewis Johs) with ofces in New York

    City and Islandia understands that

    behind the facts, the circumstances

    and the research of each case there

    are individuals with genuine concerns.

    It is for this reason, Lewis Johs, is

    consistent in reaching its goal to have

    clients be well informed and well

    protected. This approach is at the

    core of the rms success. Founded in

    1993, Lewis Johs has grown from 4

    to more than 70 attorneys. The rm

    has steadily gained a reputation as a

    skilled and dynamic law rm capable

    of managing the most complex litiga-

    tion, trial, transactional, real estate,

    corporate and appellate work.

    Its of course necessary to be

    strong, comfortable and aggressive

    if necessary in the courtroom, said

    Eileen Libutti, managing partner of the

    rms New York City ofce. That goes

    without saying. Its equally import-

    ant to be responsive to your client. Be

    accessible. In todays super connected

    world, its surprising to me how many

    clients thank me for returning their

    call or email. Prospective clients tell me

    that theyre looking for new counsel or

    disappointed in their law rm because

    their calls and emails go unanswered.

    They dont trust their attorney or they

    worry that they dont fully understand

    their needs. This is unacceptable.

    With benets of big rm resources,

    Lewis Johs takes a small rm approach

    to make sure all clients needs are met,

    Libutti said. Our different practice

    areas overlap when appropriate to

    provide our clients with cost effective,

    complete representation, she said.

    Utilizing the most up-to-date equip-

    ment, research tools and tailor made

    case management system, Lewis Johs

    is capable of timely research and

    investigation. This, coupled with years

    of experience has led to the rms

    reputation of being prepared to take

    anything to trial.

    We are known as being among the

    best trial attorneys in the state, said

    Frederick Johs, a founding partner

    of the rm. We also try to be good

    people so that others trust our word

    our word is very important to us.

    The firm continues to broaden the

    scope of its services and expertise in

    response to the emerging needs of

    its clients.

    We started out as a small rm,

    handling medical malpractice defense

    work and personal injury defense cas-

    es, said Robert Avallone, managing

    partner. Because our clients had

    needs outside what our initial practice

    areas were, we have grown to where

    we now do commercial litigation,

    trusts & estates, elder law, transporta-

    tion, construction/labor law, products

    liability, criminal work, and education

    work. We have grown very organically

    to care for our clients.

    Lack of communication and trust

    issues between client and

    attorneys are barriers

    found in too many law

    rms, said Avallone. Our

    goal is to have our clients

    feel comfortable, support-

    ed and covered by their

    counsel, he said. Their

    problems become ours to

    deal with, and in this way

    we can work together to

    lighten their burden.

    Lewis Johs has never

    lost sight of making

    clients feel condent

    in the rm and letting

    them know that the rm

    is working with them

    to achieve their desired

    results, noted Fred Johs,

    a senior partner.

    I have told clients or

    potential clients, youre

    right, this is a great case

    but to what end? Are you

    going to get out of this

    what you are looking

    for?, Libutti noted. I

    have asked them, Is this

    practical for you nan-

    cially and emotionally?

    Winning takes many different

    forms, Libutti said. In the end, we

    want our clients to be happy, satised

    and well taken care of.

    Lewis Johs attorneys consistently keep their clients wellinformed and well protected.

    A Basic Formula for Client Relations & Trust

    SPECIAL ADVERTISING SUPPLEMENT I 15May 27 - June 3, 2016 I LIBN.COM

  • 7/26/2019 What's Next: LAW May 2016

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    BY: ROBERT A. COHEN, ESQ.

    of Tabat, Cohen, Blum & Yovino, PC

    While relationship issues date back

    to Adam and Eve, the world of mat-

    rimonial and family law continues to

    evolve. Staying on top of developments

    and preparing for the future is part of

    the Tabat, Cohen, Blum & Yovino, PC

    mission statement.

    The laws in New York concerning

    divorce and family law issues changed

    dramatically in 1980. Joining other

    states, New Yorks equitable distribu-

    tion law provided for the equitable

    distribution of assets, regardless of

    which spouse was the title owner. The

    change in the law was a recognition by

    New York that marriage is an economic

    as well as a social partnership, and that

    there are many non-economic tasks

    performed in a marriage which aid

    indirectly to its economic growth. This

    major change in the law, also created a

    cottage industry of valuation experts,because it meant that businesses and

    professional practices owned by one

    spouse were to be valued by experts,

    and then a share of that value was to

    be distributed to the non-owner spouse.

    Attorneys began to work closely with

    accountants on valuation and distri-

    bution issues. The case law precedents

    that govern these critical and often

    complex issues change constantly and

    practitioners must pay close attention

    to properly represent clients.

    In 2010, New York State joined the

    rest of the country and, nally, no fault

    divorce was allowed. That change suc-

    cessfully reduced the cost of divorcing in

    New York State, as litigation concerning

    who was at fault for the divorce has been

    virtually eliminated. Additionally, the

    law took away the negotiating leverage

    of a spouse who was defending a divorce

    against a spouse who could not establish

    grounds under New York State law.

    More recently, the State Legislature

    changed the laws regarding spousal

    maintenance and counsel fees. Main-

    tenance, which was called alimony

    until 1980, is now calculated based on

    a formula, and for income in excess of

    the income cap, which changes yearly,

    there are fteen (15) factors the Court

    is mandated to consider in determining

    the amount of maintenance to be paid.

    For maintenance and child support,

    the legal denition of income goes far

    beyond numbers on a tax return, and

    sometimes a partys income potential,

    is considered in xing support.. Coun-

    sel fee requests are now governed by

    a legal but rebuttable presumptionthat the spouse with greater nancial

    resources is required to contribute

    to the other spouses attorneys fees.

    The goals were to make maintenance

    awards more uniform and predictable

    and to level the playing eld so each

    party had resources for the payment of

    attorneys fees. While there have been

    some positive changes, the unique facts

    and circumstances of each case are still

    to be considered and attorneys must

    pay careful attention to the details and

    newly required procedural steps to

    properly protect their clients.

    The Legislature also recently elim-

    inated the equitable distribution of

    the value of a license or degree, which

    was an esoteric concept created by the

    courts, not the Legislature. Most ex-

    perts agree the concept was a disaster

    from the start, but the new laws still

    allow the court to consider other ways

    to compensate a party who gave up edu-

    cation and career opportunities, so their

    spouse could get a license or degree that

    generated income, and it still allows

    for the quantication of the present

    value of the enhanced earnings as part

    of a determination of the amount and

    duration of maintenance.Most recently,

    the United States Supreme Court held

    that same sex marriages were constitu-

    tionally protected. Now all relationships

    can culminate in a marriage in every

    State. And now the rights under the

    New York State Domestic Relations

    Law concerning marriage apply to all

    married couples. Our ofce has han-

    dled many same sex marriage cases

    and continues to be in the forefront ofadvancing clients rights, regardless of

    gender or preference.

    Pre-nuptial agreements are also far

    more common than in the past. The

    fear of having that conversation with

    the one you love has sharply dimin-

    ished because more couples, especially

    on Long Island, have two earners, who

    wait longer to marry, often after they

    have acquired their own house, savings

    and retirement benets. More young

    people, many of whom are children of

    divorced parents, understand that a

    pre-nuptial agreement can help make

    divorcing easier and less expensive.

    More people who marry a second or

    third time also recognize that till

    death do us part works about 50%

    of the time and want to protect what

    they have accumulated and what they

    want to give to their children of a prior

    marriage. The case law precedent that

    governs claims about pre-nuptial agree-

    ments continues to evolve. Knowing

    what courts look at to determine if a

    pre-nuptial agreement is valid goes into

    our thought process and advice in the

    negotiation and preparation of every

    pre-nuptial agreement.

    And then theres the internet. Social

    media, emails and texts, smart phones

    that record and photograph, Google and

    other search engines have changed the

    practice of matrimonial and family law.

    Attorneys now must caution clients

    about the dangers of social media, espe-

    cially since virtually everything public

    can be admitted in evidence, and often

    impacts custody cases. Communications

    between divorcing spouses have gonefrom angry conversations on the phone

    or across the kitchen table to beauti-

    fully crafted emails or text messages

    written to create perfect evidence.

    Google and other resources provide

    more information and clients are better

    educated concerning their rights.

    While some things have changed, the

    emotions, pain and fears of people going

    through a divorce have not. Where

    there are children, all of that is worse.

    When choosing an attorney, it is strong-

    ly recommended that you nd a rm

    that is a leader in the eld. The stakes

    are too high for anything less.

    Leaders in Family Law Look to the Future

    16 I SPECIAL ADVERTISING SUPPLEMENTMay 27 - June 3, 2016 I LIBN.COM

  • 7/26/2019 What's Next: LAW May 2016

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    Established in 1999 by Jerry Wolf,The Wolf Law Group, P.C. is a bou-

    tique law rm with a singular focus:

    assisting its clients to accumulate,

    protect, preserve and enjoy the fruits

    of their hard work and success.

    We consider ourselves privileged

    to be able to provide legal counsel to

    some of the most astute and successful

    business owners on Long Island

    professionals, manufacturers, distrib-

    utors and those in the construction

    and real estate industry said Wolf.

    Every aspect of our practice including

    pension law and pension plan admin-

    istration, estate and trust law and ad-

    ministration, executive compensation,

    business succession and asset protec-

    tion plays a role in assisting clientsto accumulate, protect, preserve and

    enjoy the fruits of their hard work and

    success according to Wolf.

    The future of our Firm is in large

    measure dependent upon the success

    of those we serve, comments Wolf.

    So if we are able to contribute to

    that success our future is bright. For

    example, our pension practice and the

    proprietary plan designs we use to

    maximize benets for business owners

    have enabled our clients to accumulate

    millions of dollars that would other-

    wise have been paid to Uncle Sam and

    that are fully protected from business

    creditors. The pension cash cushion

    also provides a measure of relief fromthe anxieties our clients have about

    having to rely upon the kids to con-

    tinue the business or about the ability

    of a buyer to make the payments.

    A big growth area in the Wolf Law

    Groups practice has been the area of

    executive compensation. Our Firm

    has seen a signicant increase in its

    executive compensation practice over

    the past few years and for good rea-

    son says Wolf. Our clients know that

    the growth of their businesses and

    the ability to sell the business is often

    dependent on the initiative and talent

    of it key employees, whether they be

    on the sales or the technical side of

    the business. Losing key employees

    to a competitor could be a signicantblow to the growth of or the ability

    to sell a business. The Wolf Group

    structures innovative top hat plans

    for its clients key employees providing

    them with a prot share, phantom

    shares, membership units and other

    incentives which serve as the golden

    handcuffs to retain them.

    Structuring nonqualied top-hat

    deferred compensation plans without

    running afoul of ERISA, Section 409A

    of the Internal Revenue Code and the

    constructive receipt rules is a formida-

    ble challenge says Debra Rosenberg,

    Esq., one of the Firms attorneys spe-

    cializing in the deferred compensation

    area, and one that can be a real trap,even for experienced corporate prac-

    titioners. It is not uncommon that

    The Wolf Law Group is called upon by

    corporate counsel to serve as Special

    Counsel in this area because of the

    complex interrelated laws and regula-

    tions involved.

    We view our pension and exec-

    utive compensation practice as an

    integral part of our clients asset

    accumulation strategy. Many of our

    clients who were sold pensions and

    estate plans by reputed experts who

    were really brokers, insurance agents

    and nancial planners motivated by

    commissions and fees, came to us after

    coming to the realization that they

    were snookered into buying something

    that either didnt meet their specic

    needs, or worse, was totally inappro-priate Wolf said. The commoditiza-

    tion of traditional legal functions, such

    as will, pension and trust structuring

    and drafting by nancial institutions,

    has actually been a boon for the Wolf

    Group, he said because we get to

    diagnose the problems and provide the

    tailor made solutions.

    Dana White, Esq. who heads the

    Firms expanding Elder Care Planning

    and Estate Administration group says

    that Our business clients for whom

    we do sophisticated estate planning

    work often ask us for assistance in

    dealing with their elderly parents

    special needs or their disabled childs

    special needs. They are surprised to

    learn that an elderly parent is able

    to transfer her residence to a trust

    for the children, remain in the res-

    idence, retain her real property tax

    exemptions and qualify for community

    Medicaid without having to worry

    about the ve-year look-back and pen-

    alty period. They are also surprised

    to learn that their parents can qualify

    for community Medicaid and also have

    the use of their excess income through

    the establishment of special pooled

    income trusts.

    Wolf thinks that the future of his

    Firms legal practice is very promising

    as long as our very capable lawyers,

    duciary accountants, paralegals

    and administrative staff continue toprovide our clients and their advisors

    with creative ideas that help them

    plan ahead and get ahead.

    Founding Partner Gerald P. Wolf

    The Wolf Law Group, P.C.:Staying Ahead by Helping

    Clients Get Ahead

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    A boutique-style bankruptcy,

    litigation and business law rm,

    LaMonica Herbst Maniscalco LLP

    (LH&M), located in Wantagh, NY, has

    the capabilities of handling a myriad

    of complex legal issues. Since 1998,

    LH&Ms team of insightful and skilled

    attorneys practice in the areas of indi-

    vidual bankruptcy, corporate restruc-

    turing and bankruptcy, business law,

    complex litigation, foreclosure defense,

    construction disputes and real estate

    transactions.

    Over time, we have spent consider-

    able effort in making sure our attor-

    neys and staff are trained to provide

    exceptional service to our clients, said

    Joseph S. Maniscalco, managing part-

    ner and co-founder of LH&M. In focus-ing on specialized areas of the law, we

    are able to provide the most up-to-date

    and cogent arguments available. The

    rm takes these areas of practice

    seriously, in so far as we consistently

    provide continuing legal education to

    ensure the highest level of service.

    Comprised of 12 accomplished

    attorneys, who work closely with each

    other and their clients, the rm has

    earned the reputation of an aggressive

    team of litigators and negotiators who

    understand their clients concerns,

    respond to their clients needs and

    exceed their clients expectations.

    LH&M has maintained strong rela-

    tionships with its diverse client base

    by providing sophisticated, creative

    and cost-effective legal representation.

    Its clients include individuals, corpo-

    rations, institutional lenders, receiv-

    ers, unsecured creditor committees,

    and appointed trustees in Chapter 7

    and Chapter 11 bankruptcy cases.

    We have handled a vast number of

    Ponzi scheme cases representing the

    trustee involving some of the most pro-

    lic Ponzi scheme debtors in history,

    including Marc Dreier, the lawyer who

    was convicted of stealing $700 million

    and sentenced to 20 years in prison,

    Maniscalco said.

    The rm has also handled a massive

    shipping/maritime case whereby it

    liquidated tanker ships from all over

    the world on behalf of the trustee in a

    bankruptcy case. The rm is currently

    handling a large and complex real es-

    tate chapter 11 case in New York City

    seeking to accomplish a workout struc-

    ture of a potential billion dollar real

    estate project in midtown Manhattan.

    The rm has also handled fore-

    closure cases for individuals on Long

    Island who were harmed during the

    economic recession and assisted many

    of those individuals in defending the

    foreclosure action and restructuring

    their debt, Maniscalco noted.

    Recognized as successful and expe-

    rienced negotiators, LH&M maintains

    a keen understanding of alternative

    forms of dispute resolution. Overall,

    this strategy ensures that the best

    possible resolution may be reached

    at the lowest cost, whether that be

    through negotiations, alternative dis-

    pute resolution, or a successful trial.

    LH&M: Focused on Specialized Areas

    Abrams, Fensterman,Fensterman, Eisman, Formato,

    Ferrara & Wolf, LLP in Lake

    Success is pleased to announce its

    affiliation with TheAnswerPage, a

    recognized leader for providing the

    highest quality continuing medical

    educational content worldwide since

    1998. TheAnswerPage.com is read

    in more than 120 countries and is

    the exclusive provider of the New

    York State Practi tioner Education-

    Medical Use of Marijuana Course,

    which is the mandatory course for

    physicians who wish to participate

    in New York States Medical

    Marijuana Program.

    The firms Medical Marijuana

    Law Group will be providing

    comprehensive legal content

    to TheAnswerPages medical

    marijuana curriculum, which will beavailable to all physicians and other

    health care professionals.

    In collaboration with

    TheAnswerPage, Abrams

    Fensterman will be delivering joint

    educational and outreach events.

    Attorneys Elizabeth S . Kase, Esq.

    and Yulian Shtern, Esq. will be

    presenting at the 3rd Annual

    Cannabis World Congress and

    Business Exposition on June 16th at

    the Javits Center in New York City

    in a session hosted by Stephen B.

    Corn, MD, Harvard Medical School,

    co-founder of TheAnswerPage and

    Meredith Fisher-Corn, MD, Editor-in-Chief of TheAnswerPage. The

    presentation will focus on the key

    legal and medical aspects of medical

    marijuana in New York State.

    New at Abrams, Fensterman,

    Fensterman, Eisman, Formato,

    Ferrara & Wolf, LLP:

    Affliation with TheAnswerPage

    18 I SPECIAL ADVERTISING SUPPLEMENTMay 27 - June 3, 2016 I LIBN.COM

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