Khalifeh & Strupinsky, PC Blog

Landlord‑Tenant Law in NY: Rights, Responsibilities & Recent Legal Updates

Fri, 24 Apr 2026 03:15:02 GMT

New York's landlord‑tenant law is constantly evolving, impacting both property owners and renters throughout the city and state. Understanding these legal standards is vital whether you are facing a lease renewal, considering eviction procedures, or managing the obligations that come with owning or renting residential property. Below, you will find the latest information tailored to both landlords and tenants, including recent changes and practical insights for navigating the local legal landscape.

Understanding the Legal Framework: Rights and Responsibilities

New York law establishes a complex relationship between landlords and tenants. Each party holds specific rights and is subject to a variety of legal obligations under state and local statutes.

For landlords, common responsibilities include:

Maintaining all building systems in good repair
Complying with New York City's Housing Maintenance Code or state standards outside the city
Respecting tenants' rights to quiet enjoyment and lawful occupancy

Tenants also have legally protected rights, most notably:

The right to a habitable and safe living space
Reasonable notice before landlord entry, except in emergencies
Protections against unlawful eviction or retaliation

Residential leases in New York can vary, but both parties are bound by written agreements and statutory laws like the Housing Stability and Tenant Protection Act (HSTPA). These laws prevent sudden, drastic rent hikes and provide additional clarity on security deposit handling. Landlord-Tenant Disputes , frequently involving lease violations or repair needs, are typically resolved through the Housing Court system.

Navigating Eviction Processes in New York

Eviction is strictly regulated in New York. Whether you are a landlord seeking possession of a unit or a tenant facing removal, it is essential to follow the proper sequence:

For nonpayment of rent, landlords must provide a 14-day written notice before proceeding with a court eviction.
In cases of holdover (when a tenant remains after lease expiration or violation), a notice is also required, with a timeline based on the duration of tenancy.
Only a judge can issue a legal eviction order; self-help methods (like changing locks without a court order) are prohibited.

Recent winters have seen temporary moratoriums on evictions for hardship cases, underscoring the intersection of legal process and local conditions. If you are involved in a potential eviction in your building during the colder months, securing timely legal advice is essential to complying with seasonal rules and protecting everyone's safety.

Recent Legal Updates: What Landlords and Tenants Need to Know

New York housing laws are subject to ongoing reforms. Several recent changes impact both renters and property owners in Brooklyn and across New York State:

Extended notice requirements for rent increases and lease non-renewals, providing tenants with more time to respond to significant changes.
Enhanced anti-discrimination protections, especially important for renters applying with government vouchers.
Increased limits on the collection and use of security deposits, including timeframes for their return and itemized deductions.

Both landlords and tenants should review the latest statutes with the support of a Landlord-Tenant Attorney to ensure all rights and obligations are clear and up-to-date. Many property owners in Brooklyn are also seeking guidance on compliance with the city's progressive tenant protection rules, especially around winter heating requirements and safety standards.

When to Seek Legal Counsel for Landlord-Tenant Issues

From handling nonpayment cases to addressing repairs or lease disputes, both landlords and tenants benefit from working with a Real Estate Litigation Attorney familiar with local courts and housing laws. Timely legal advice can help prevent misunderstandings and unnecessary delays, especially given the complexities of the New York legal system.

When weather-related challenges like heating complaints or storm damage arise during the winter, local counsel can help both landlords and tenants understand their responsibilities for making repairs or providing alternate accommodations.

Contact Khalifeh & Strupinsky, P.C. for Assistance

If you are a landlord or tenant in Brooklyn or New York, NY and need dedicated legal counsel for landlord‑tenant law, eviction defense or real estate litigation, contact Khalifeh & Strupinsky, P.C. by calling 917-717-5007 . You can also submit your inquiry through the online form for prompt assistance with your legal needs.

Protecting Your Business IP: Trademarks, Copyrights and Beyond

Fri, 17 Apr 2026 10:15:02 GMT

Intellectual property (IP) forms the bedrock of many successful businesses, particularly in fast-paced markets like New York City. Whether you operate a small café in Brooklyn or launch a tech startup in Manhattan, your brand, products, and creative assets derive value from your ability to protect them. Securing proper IP rights is not just about legal compliance; it is about strengthening your competitive position, building trust, and increasing your company's long-term value.

Understanding the Key Types of Intellectual Property

Business owners in every borough need to understand the primary forms of IP most relevant to their operations. The distinctions below are especially important for entrepreneurs and small businesses looking to claim and safeguard their unique assets.

Trademarks protect brand names, logos, slogans, and other distinctive symbols that identify the source of goods or services. Registration with the United States Patent and Trademark Office (USPTO) provides legal presumption of ownership nationwide, which is critical, as New York's commercial density often leads to branding overlap and disputes.
Copyrights safeguard original works of authorship, such as website content, written materials, photos, and software source code. Registering your copyright with the U.S. Copyright Office grants important enforcement rights, including the ability to recover damages from infringement, which is vital for creative businesses and agencies in Brooklyn's vibrant arts scene.
Trade secrets are confidential business information, including recipes, formulas, client lists, and other non-public know-how. Protection depends on the company's measures to keep the information confidential; legal relief is available if secrets are misappropriated, provided such steps are documented and consistent.

Patents might be relevant for some businesses, especially those focused on unique inventions or product designs; however, their application is narrower and the process far more technical and demanding.

Timing Matters: When Should a New York Business File for IP Protection?

Given the dense competitive landscape and the speed of market entry in New York City, timing is essential in the IP field. For trademarks, the sooner you conduct a clearance search and file for registration, the better. Early registration helps prevent others from adopting a similar mark, which is crucial in a city with a high saturation of similar business types. Copyright protection exists from the moment an original work is fixed in a tangible medium, but prompt registration is recommended to enable statutory damages and attorney's fees if infringement occurs.

Trade secret protection, on the other hand, is immediate but contingent on written policies, limited access, and employee education. Businesses should have strong internal protocols in place as soon as confidential information is created or received.

Benefits of Proactive IP Protection for Small Businesses

Filing for IP protection may seem daunting for small businesses, but the advantages far outweigh the effort, especially when guided by knowledgeable legal counsel. Powerful benefits include:

Enhanced brand credibility that attracts customers and partners
Deterrence of infringement and imitation by competitors
Access to valuable legal remedies in the event of unauthorized use or disputes
Increased business value and leverage in financing or partnership negotiations

Small businesses that pursue intellectual property services are better positioned to prevent costly conflicts and ensure sustainable growth in New York's dynamic markets.

Common Mistakes and How to Avoid Them

The fast pace and diversity of businesses in Brooklyn and New York City mean entrepreneurs sometimes overlook common pitfalls, such as failing to search for conflicting marks, neglecting to register copyrights, or improperly sharing confidential information. Work with intellectual property litigation and trademark registration professionals who understand local business patterns to sidestep these challenges. Real examples from Khalifeh & Strupinsky, P.C. 's own Brooklyn-based clients include startups that lost branding rights to faster competitors and retailers who faced expensive disputes over logo similarities, issues that could have been prevented with proactive legal guidance.

Secure Your Business Future in Brooklyn and New York, NY, Contact the IP Team Today

For business owners throughout Brooklyn and greater New York, protecting your intellectual property requires both strategic foresight and specialized legal services. Khalifeh & Strupinsky, P.C. offers comprehensive support with intellectual property services, trademark registration, and intellectual property litigation. To learn how your company can gain tailored IP protection and avoid costly disputes, call 917-717-5007 or fill out the online form today.

Common Title Issues and How Attorneys Resolve Them

Fri, 10 Apr 2026 14:56:42 GMT

In any real estate transaction, ensuring that the title is clear before closing is essential. Title issues can delay or even derail property sales, causing stress for all parties involved. The legal landscape in New York can be particularly challenging due to the complex history of properties in neighborhoods like Brooklyn, where multiple prior owners and older deeds are common. Attorneys play a vital role in resolving these issues to help buyers, sellers, and lenders avoid future disputes or financial loss.

Understanding Easements and Their Impact on Title

Easements grant others the right to use a portion of a property for a specific purpose. In Brooklyn, for instance, shared driveways or access paths between brownstones are common examples, and discovering an undisclosed easement during a title search can raise red flags. An easement may impact future development or limit the use of the property, causing concern for buyers. An attorney reviews the title report, traces the history of the easement, and negotiates solutions such as formalizing agreements or obtaining necessary releases to clear the title before closing.

Dealing with Liens: A Common Challenge

Liens, whether they stem from unpaid property taxes, construction work, or judgments against a previous owner, pose a significant barrier to transfer of clean title. In New York's ever-evolving market, a buyer may uncover municipal liens or old unpaid utility bills attached to the property. Attorneys resolve these by:

Investigating the origin and validity of each lien
Negotiating with creditors for settlement or payoff
Ensuring all releases are properly recorded

This thorough approach prevents buyers from inheriting someone else's financial obligations at closing.

Boundary Disputes and Encroachments: Protecting Property Rights

Boundary disputes are a frequent issue in densely packed neighborhoods like parts of Brooklyn. For example, a fence encroaching over a property line or confusion due to outdated or incorrect surveys can spark disagreements between current or prospective neighbors. Attorneys address these matters by ordering updated surveys, reviewing historical deeds, and in some cases, initiating quiet title actions. By proactively resolving disputes, they provide clients peace of mind that the parcel's limits are undisputed at closing.

Clearing Title Before Closing: The Legal Process

Clearing a title is a comprehensive process that ensures all obstacles are addressed before ownership is transferred. Attorneys representing buyers or sellers perform the following actions to secure a clear title:

Conducting due diligence and a meticulous title review
Communicating with title insurance companies to identify and rectify issues
Facilitating settlements that satisfy outstanding judgments or claims
Drafting and recording legal documents to remove encumbrances

In New York, these steps are critical, considering the city's diverse property histories and intricate legal environment. A knowledgeable legal team will anticipate common pitfalls and efficiently navigate the process, ensuring a timely closing.

Ready for a Smooth Closing? Contact Khalifeh & Strupinsky, P.C. Today

If you are facing complex title issues in Brooklyn or the New York, NY area, working with experienced real estate attorneys is key to a successful transaction. Khalifeh & Strupinsky, P.C. regularly assists clients with real estate closings , title review and the resolution of easements, liens, and boundary matters unique to the local market. Safeguard your investment by calling 917-717-5007 or filling out the online form on our website to schedule a confidential consultation.

Filing for Bankruptcy: Where to Begin

Fri, 27 Mar 2026 20:58:26 GMT

For many New Yorkers, facing overwhelming debt can feel like a never-ending cycle, especially with the seasonal fluctuations in expenses that come with living in Brooklyn and the greater New York City area. Unexpected medical bills, job loss, or changes in the real estate market can make monthly obligations unmanageable. If you are struggling to make payments, understanding how to start the bankruptcy process is key to regaining your financial footing.

Understanding Bankruptcy Basics

Bankruptcy is a legal process that offers individuals and businesses relief from debt while protecting certain assets. The most common types of consumer bankruptcy are Chapter 7, which can discharge many unsecured debts, and Chapter 13, which allows you to reorganize and repay debts over three to five years. It is important to determine which type is most appropriate based on your unique financial situation, the value of your property, and your disposable income.

Evaluating Your Financial Situation

Before starting a bankruptcy filing , you should gather a complete picture of your finances. This means creating a list of:

All your debts, such as credit cards, medical bills, and personal loans
Your regular income and monthly expenses
Ownership documents for real estate, vehicles, or other major assets

This exercise will help you and your lawyer decide if bankruptcy, debt negotiation, or alternatives such as loan modification are best for your circumstances.

The Role of a Bankruptcy Attorney

Navigating bankruptcy alone in New York is complex, given the strict rules and paperwork required by local courts. Working with an experienced attorney can help you avoid costly mistakes, preserve exempt assets under New York law, and develop a bankruptcy strategy that aligns with your financial goals. Look for a law firm offering Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and personalized debt relief solutions—services designed to support Brooklyn and New York City residents year-round.

Timely Steps in Filing for Bankruptcy

The process starts with a consultation to discuss your unique situation, followed by credit counseling, which is mandatory before filing. Once you decide to proceed, your lawyer will help you:

Complete the bankruptcy petition and associated schedules
Submit required documentation to the court
Attend the meeting of creditors (341 meeting)
Manage any follow-up requests from the bankruptcy trustee

This can help shield you from creditors' calls and legal actions, especially during winters when heating and living expenses rise.

Get Guidance for Your Bankruptcy Case in Brooklyn and New York City

If overwhelming debt is impacting your ability to move forward, Khalifeh & Strupinsky, P.C. can help you take the first step toward financial stability. Our attorneys guide clients through every stage of the bankruptcy process and are deeply familiar with Brooklyn and New York, NY laws. To discuss your options with a local attorney, call 917-717-5007 or submit your information via our secure online form .

When to Consider Mediation vs. Litigation in Business Disputes

Thu, 19 Mar 2026 04:00:52 GMT

Business disputes in New York can disrupt long-standing relationships, threaten cash flow, and hinder growth. Deciding between mediation and litigation is a critical decision for business owners who want to resolve conflicts efficiently while also protecting their interests. Understanding the benefits and drawbacks of each approach is essential in making an informed choice.

Understanding Mediation and Its Benefits

Mediation is a form of alternative dispute resolution (ADR) where a neutral third party (the mediator) facilitates negotiations between disputing parties. Unlike court litigation, mediation is non-binding unless an agreement is reached and formalized. Parties often choose mediation for several reasons:

The process is confidential, shielding sensitive business information from public disclosure.
Mediation is typically much more cost-effective than preparing for a trial.
Disputes are resolved faster, sometimes within days or weeks.
It allows for creative solutions, potentially preserving valuable business relationships.

For instance, a Brooklyn-based retail partnership experiencing a contract misunderstanding might benefit from mediation, which encourages collaboration and expedites the path to mutual agreement rather than escalating to costly litigation.

When Litigation Makes Sense

Despite its benefits, mediation is not suitable for all disputes. There are circumstances where court intervention through litigation is warranted, particularly when:

The opposing party is uncooperative or refuses to participate in good faith negotiations.
Legal rights, business assets, or intellectual property must be formally protected by a court order.
There are complex multi-party disputes where a structured legal procedure is necessary.
Precedent or the need for a public ruling is important for future business operations.

For example, a business facing repeated breaches of contract from a supplier or accusations of trademark infringement may need the authoritative resolution and enforceability that litigation provides.

Cost, Timing, and Case Suitability

A significant advantage of mediation is the lower overall cost compared to litigation. Mediation typically involves fewer billable attorney hours and incurs minimal court fees. Litigation costs in New York, especially in high-stakes commercial matters, can escalate quickly due to formal discovery, motion practice, and potential appeals.

Timing also distinguishes the two approaches. Mediation often delivers resolutions within weeks, whereas court cases may linger in the system for months or even years.

However, certain cases are better suited to each method:

Mediation works best for disputes that involve ongoing business relationships, misunderstandings, or where parties are motivated to settle.
Litigation is more appropriate for issues that require precedent, court enforcement, or when the other party is not participating constructively.

Legal Guidance When Choosing Between Mediation and Litigation

Selecting the right dispute resolution method requires assessing the facts of the case and the long-term impacts on your business. Commercial litigation attorneys can provide valuable insights, guiding you through risk analysis, negotiation strategy, and the cost-benefit of each approach. At times, initial mediation may segue into litigation if a fair solution cannot be achieved outside of court. In New York, courts may even mandate ADR attempts before allowing matters to proceed to trial, underlining the importance of experienced legal counsel in guiding your decision.

Speak With Seasoned Business Disputes Attorneys in Brooklyn and New York, NY

If your business in Brooklyn or New York, NY is facing a dispute, Khalifeh & Strupinsky, P.C. offers guidance in both business litigation services and commercial law matters . Our team can help you evaluate whether mediation or litigation best serves your commercial interests. To discuss your case with our attorneys, call 917-717-5007 or reach out via our secure online form today to schedule a confidential consultation.

What Bankruptcy Can and Cannot Do

Mon, 16 Mar 2026 03:46:19 GMT

Bankruptcy is a powerful legal tool that can help individuals and businesses facing financial hardship, but many are unclear about what it truly accomplishes. If you are considering bankruptcy as an option to resolve debt issues, understanding its benefits and limitations can help you make informed decisions about your financial future.

How Bankruptcy Can Help You

Bankruptcy offers meaningful relief when debt becomes unmanageable. By filing for bankruptcy , you can:

Stop creditor collection actions due to the automatic stay.
Discharge certain unsecured debts, such as credit card bills and medical debts, in most Chapter 7 and Chapter 13 cases.
Protect essential assets from liquidation, especially if you are eligible to use federal or New York State exemptions.
Halt wage garnishments and prevent bank account levies, allowing you to regain financial stability and peace of mind.
Reorganize and repay priority debts over time while keeping critical assets through a structured Chapter 13 bankruptcy plan.

For residents in densely populated areas like Brooklyn and New York City, where the cost of living can be high and unexpected expenses are common, these protections can make a significant difference in day-to-day life.

What Bankruptcy Cannot Do

Bankruptcy is not a universal solution for all financial problems. There are important limits to what bankruptcy can accomplish, such as:

It cannot eliminate certain types of debt, including most student loans, recent income taxes, and debts arising from fraud or intentional harm.
It does not stop certain legal actions, like criminal proceedings, child support enforcement, or lawsuits related to personal injury caused while driving under the influence.
Mortgages and secured car loans are not simply wiped out through bankruptcy; while you can discharge the obligation to pay, you may lose the property if you cannot keep up with payments.
If you recently incurred luxury debts or made fraudulent transfers, those debts may not be eligible for discharge.
Bankruptcy cannot fix underlying credit problems instantly; it will appear on your credit report for years, which is especially relevant if you plan to rent an apartment or apply for employment in the competitive New York City market.

Common Misconceptions About Bankruptcy

There are several myths surrounding bankruptcy, particularly in metropolitan areas like Brooklyn. Many believe that bankruptcy means losing everything, but New York exemptions protect essentials such as your home, a reasonable vehicle, and retirement accounts in most cases. Others worry that bankruptcy will permanently affect credit, but many people are able to rebuild their credit over time with responsible financial management. Still others are concerned about the public nature of bankruptcy filings, yet in reality, the overwhelming volume of filings means these records are rarely seen by anyone other than creditors and the court unless you are a public figure.

When Is Bankruptcy the Right Choice?

Deciding whether bankruptcy is right depends on your unique circumstances. If you are behind on bills due to medical emergencies, job loss, unexpected housing expenses, or overwhelming credit balances, it may be appropriate to consult with a bankruptcy attorney . Local factors like fluctuating rent prices and the seasonal costs of utility bills in New York can also push finances past the tipping point, making bankruptcy a viable path to restore stability.

Seasonal and Local Considerations

In New York, residents often face additional financial strain during winter months due to increased heating costs. Seasonal employment shifts can also affect household income. There may be times such as after the holidays or when rent prices rise, when more residents consider bankruptcy simply to make ends meet. Local filing processes, exemptions, and trustee practices are unique to New York, so it is essential to work with a law firm deeply familiar with the region.

Contact Khalifeh & Strupinsky, P.C. for Guidance in Brooklyn and New York, NY

If you are considering consumer bankruptcy or want to understand your options in Brooklyn or New York, NY, Khalifeh & Strupinsky, P.C. is ready to assist. Call 917-717-5007 or fill out our online form to schedule a confidential consultation with a knowledgeable attorney from our local office. You will receive legal guidance tailored to your unique situation and local New York needs, helping you take the first step toward lasting financial relief.

The Legal Side of Co‑op and Condo Transfers in NYC

Thu, 12 Mar 2026 01:00:14 GMT

Navigating the purchase or sale of a co-op or condo in New York City presents unique and complex legal challenges seldom found in other real estate transactions. From stringent board approvals to city-mandated fees like flip taxes, understanding these intricacies is crucial for a successful experience. Here's what you need to know before pursuing a co-op or condo transfer in NYC.

The Complexity of Co-op and Condo Transactions

In New York City, co-op and condo deals involve far more than a simple agreement between buyers and sellers. Co-op units, for example, are not owned outright; buyers purchase shares in a corporation with the right to occupy a particular apartment. These transactions often hinge on approval from the building's board of directors, who may reject applicants for various reasons. Condo transactions, while slightly more straightforward, still present their own challenges, especially regarding the association's right of first refusal and financing requirements.

Understanding Board Approvals

Board approval stands as one of the hallmark hurdles in a New York co-op transfer. Boards can scrutinize buyers' financial backgrounds, employment status, and even their personal history. The application process may include:

Submission of detailed financial documents.
Interviews with the board.
References from employers and previous landlords.

Importantly, a board can reject an application without the obligation to explain its reasoning, so preparation and presentation of documentation is vital. While condos typically require less scrutiny, they may still invoke their right of first refusal, allowing them to purchase a unit on the same terms as the proposed buyer.

The Impact of Flip Taxes and City Regulations

Flip taxes are a unique feature in NYC co-op and condo sales. Unlike traditional taxes levied by government entities, flip taxes are imposed by the building association to discourage short-term speculation and raise funds for building operations. The amount and calculation method can vary significantly, sometimes being a fixed percentage of the sale price or a set dollar amount per share.

In addition to flip taxes, transfer taxes imposed by New York City and State must also be considered. Legal professionals familiar with co-op and condo real estate transactions help clients understand these costs, assess their impact, and ensure all filings and payments are completed accurately.

Legal Considerations Unique to New York Real Estate

Legal complexities do not end at board reviews and taxes. New York law requires comprehensive due diligence, including reviewing building financials, proprietary leases, offering plans, and pending litigation, all prior to closing. Additionally, all parties must remain conscious of:

State and local rules that affect financing contingencies.
The need for a meticulous closing statement to account for every dollar transferred.
Seasonal fluctuations in the NYC real estate market, as winter months often slow down board review processes, affecting closing timelines.

The assistance of a local law firm experienced in real estate closings and board approval representation can be pivotal. Firms such as Khalifeh & Strupinsky, P.C. regularly represent buyers and sellers in navigating these legal obligations, ensuring compliance and a smoother purchase or sale.

Contact Khalifeh & Strupinsky, P.C. for Trusted Legal Guidance in NYC

If you are considering a co-op or condo transfer in Brooklyn or New York, NY, seeking well-versed legal counsel is essential to protect your interests and address the complexities of city real estate. Khalifeh & Strupinsky, P.C. , located in Brooklyn and New York, NY, offers comprehensive legal services for co‑op and condo transfers. Call 917-717-5007 today to speak with a dedicated attorney, or fill out our convenient online form for a prompt response.

Are Communications with AI Privileged?: Judge Rakoff delivers opinion in United States v. Heppner

Tue, 10 Mar 2026 00:57:20 GMT

As generative AI becomes increasingly integrated into our daily lives, it continues to raise legal questions that courts can no longer ignore. This month, the question of whether communications between criminal defendants and public AI are protected from government inspection was answered by Judge Jed Rakoff. That answer was an unequivocal 'no.'

In the case at hand, defendant Bradely Heppner was charged with fraud and arrested a month later, in November 2025. When the FBI executed a search warrant at his home, they seized documents containing communications between him and the public AI platform Claude AI. According to Heppner's counsel, these communications reflected a defense strategy Heppner had generated in anticipation of potential indictment. Heppner asserted that these documents were either protected under attorney-client privilege or by the work product doctrine, arguing that he had used Claude for the purpose of obtaining legal advice and had shared these outputs with his attorneys.

However, Judge Rakoff rejected both arguments. Attorney-client privilege applies only to communications between a client and a professional who owes them fiduciary duties and is subject to discipline. It is a socially valuable human relationship. Regardless of how advanced an AI systems is, it cannot meet this definition. Claude is not a human attorney and does not have an attorney-client relationship with its users, so communications with it cannot qualify for attorney-client privilege.

Aside from this, Rakoff listed other reasons why Heppner's communications with Claude are not considered confidential. Firstly, Claude is a public AI system whose privacy policy discloses that communications can be shared with third parties including "governmental regulatory authorities." Secondly, as his counsel admitted, Heppner sought legal advice from Claude on his own volition, not at their direction. Even if Heppner received legal advice and later shared that with his counsel, that does not render the initially unprivileged communication privileged.

The related work product doctrine fared no better for Heppner. This doctrine protects materials prepared by attorneys in anticipation of litigation from discovery by opposing parties. Here, the AI-generated documents were not prepared by or at the behest of counsel and did not reflect counsel's strategy. Thus, they fell outside the scope of the doctrine.

Judge Rakoff's ruling matters because it maintains the narrowness of evidentiary privileges that is necessary for protecting the judicial system's truth-seeking function. Extending privilege to communications with public AI systems could create a dangerous loophoole, one where parties could shield discoverable information by filtering it through a chatbot.

But given Rakoff's ruling, the main takeaway here is that attorneys should explicitly advise their clients not to share personal or legal information with public AI systems. Despite how routine it has now become for many to ask public AI personal questions, these communications are not confidential, and may ultimately be used as evidence in court.

Business Contracts: Common Clauses That Could Cost You (and How to Fix Them)

Fri, 27 Feb 2026 12:30:01 GMT

Clear and comprehensive business contracts are essential for successful operations, yet many companies in New York find themselves facing avoidable risks due to ambiguous or unfavorable clauses. Without vigilant legal review, these pitfalls can affect businesses across Brooklyn and beyond, potentially exposing owners to unnecessary liability, expensive litigation, or disrupted operations. Understanding the most problematic provisions, especially indemnity, termination, non-compete, and confidentiality, is critical to safeguarding your organization's interests.

Indemnity Clauses: Transferring the Real Risk

Indemnity clauses are designed to allocate risk, commonly requiring one party to compensate the other for certain losses or damages. However, businesses often overlook language that is excessively broad or one-sided. For example, a vendor agreement might state that your business must indemnify the other party for "all claims arising out of the agreement," regardless of fault. This can create unexpected liability, especially if the incident arises from circumstances beyond your control.

Legal review can flag these issues. Working with a business contract attorney in New York ensures the indemnity language is fair, specifically tailored, and aligned with your interests. Businesses can often negotiate for indemnities limited to negligence or misconduct, not all-encompassing risk.

Termination Provisions: Avoiding Commercial Disruption

Termination clauses should clearly define the circumstances and procedures for ending a contract. Without clear language, your company could face sudden loss of a key supplier or client, jeopardizing cash flow and supply chains. For instance, a contract granting a vendor the right to terminate "for any reason" with minimal notice puts your planning at risk.

A thorough contract review by legal counsel helps identify ambiguous or unfavorable termination conditions. Legal professionals typically recommend including reasonable notice periods, defining acceptable grounds for termination, and outlining specific remedies for breach. Such clarity ensures more predictable business relationships and operational stability.

Non-Compete Restrictions: Balancing Protection and Compliance

Non-compete clauses aim to prevent former employees or contractors from working with competitors or starting a similar business. In New York, these provisions face scrutiny by courts and regulators, especially when they are overly broad in scope, geography, or duration. For example, a non-compete restricting employees from working "anywhere in the United States" for multiple years may not be enforceable.

To comply with New York law and avoid litigation, your agreements should set reasonable limits tailored to your legitimate business interests. Legal professionals reviewing these contracts can provide guidance on enforceability and ensure compliance with the latest regulations, reducing the risks of costly disputes.

Confidentiality Clauses: Securing Sensitive Information

Confidentiality provisions safeguard proprietary business information, client data, and intellectual property. However, businesses sometimes use generic templates that lack specificity, leaving loopholes that undermine protection. For instance, a vague definition of what constitutes "confidential information" could leave valuable assets unprotected or lead to disagreement about disclosure.

A precise confidentiality agreement, reviewed and customized by a legal professional, defines the scope of protection, duration, and permitted exceptions. This strengthens your protection against misuse of sensitive information, which is especially important for companies handling client data related to business law services or when negotiating commercial dispute resolution .

Why Legal Review is Crucial for New York Businesses

Routine contract audits and legal support by a trusted attorney can make the difference between a safeguard and a source of costly litigation. In New York's fast-moving and competitive business environment, legal professionals not only help identify problematic clauses but also support negotiation and amendment of agreements to fit your unique needs. Seasonal contract renewals or changes in regulations, such as updates to employment or privacy laws, are critical moments to revisit agreements with a qualified legal team. This prevention-first approach can save substantial resources in the long run.

Contact Khalifeh & Strupinsky, P.C. for a Contract Consultation

If your business is located in Brooklyn or anywhere in New York, it is vital to protect your company with thorough contract review. Khalifeh & Strupinsky, P.C. provides experienced counsel on business contract drafting and review , ensuring your agreements work in your favor and reduce legal risk. To schedule a consultation, call 917-717-5007 or complete our online form . Our team is ready to help your business thrive with stronger and more reliable contracts.

Tips for Effective Estate Planning for Blended Families

Wed, 25 Feb 2026 01:27:26 GMT

Blended families are increasingly common, and navigating estate planning in these situations can be complex. With stepchildren, ex-spouses, and children from prior relationships, ensuring everyone's needs are met in your estate plan is vital. Unique complications can arise, especially for families in New York, where property values and local laws can impact your decisions. Planning ahead offers peace of mind and helps prevent family disputes down the line.

Identify Your Family Structure and Unique Needs

When it comes to estate planning for blended families, your first priority should be to clearly define your family structure. Are there children from prior marriages, stepchildren, or adopted children to consider? In New York, the rights of biological children and stepchildren differ, which can affect wills and trusts . For example, New York law does not automatically grant inheritance rights to stepchildren, making it essential to be deliberate in estate planning documents. Discussing everyone's role openly helps to avoid misunderstandings among beneficiaries.

Choose the Right Fiduciaries for Your Plan

Selecting trustworthy individuals for roles like executor or trustee is important for ensuring that your wishes are carried out fairly. In blended families, consider potential conflicts of interest. For instance, appointing a new spouse as the sole executor may cause tension with adult children from a previous marriage. You might consider co-trustees or including a neutral third-party professional to administer any revocable living trust or estate.

Clearly Define Asset Distribution

A well-structured plan will specify exactly who receives what. This step is especially important for families who own property in Brooklyn or New York City, where real estate values can be significant and complicated by joint or blended ownership. Consider titling assets jointly or creating trusts for minor children to avoid them being unintentionally disinherited. Use clear, direct wording in your estate planning documents to specify:

Which assets go to biological children
Which assets go to stepchildren or a new spouse
Any provisions for former spouses if required by a divorce agreement

Without a detailed plan, New York intestacy laws may apply, which often distribute assets differently than intended.

Review All Beneficiary Designations Regularly

Life insurance policies, retirement accounts, and investment accounts are not governed by your will but by beneficiary designations on file with each institution. After a remarriage, update these documents to reflect your current wishes. This step helps ensure the right beneficiaries receive these assets, as oversight can unintentionally favor a former spouse over current loved ones.

Anticipate Family Dynamics and Communicate Clearly

A major challenge faced by blended families involves navigating relationships and avoiding disputes. By communicating your intentions openly with your loved ones, you can help prevent misunderstandings and strained relationships. A family meeting, ideally facilitated by your estate planning attorney , may help foster transparency and ensure everyone is aware of your plans.

Consult a Professional for Tailored Solutions in Brooklyn and New York, NY

When it comes to achieving peace of mind, customized legal guidance is invaluable. The attorneys at Khalifeh & Strupinsky, P.C. have substantial experience helping blended families in Brooklyn and New York, NY craft estate plans that address complex family structures, wealth preservation, and individualized goals. To discuss your options for estate planning, call 917-717-5007 or fill out the secure online form on our website today. An attorney will reach out to help you create a tailored plan that reflects your unique family situation.

Employee Rights in New York: What You Can Do About Workplace Retaliation

Fri, 20 Feb 2026 12:16:20 GMT

Workplace retaliation remains a pressing concern for many employees throughout New York. Whether you work in a bustling Manhattan office or a Brooklyn retail establishment, understanding your rights when facing retaliation is essential. New York and federal laws protect workers who engage in "protected activity," making it crucial for employees to know how to stand up for themselves if they believe their rights have been violated. Here's what you need to know about workplace retaliation claims, definitions of protected activity, and the actions you can pursue.

Defining Workplace Retaliation in New York

Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. In New York, retaliation can take many forms, including:

Demotion
Pay reduction
Termination
Unfavorable work assignments

For a successful claim, the central question is whether your employer took negative action against you solely because you exercised your legal rights.

What Is Protected Activity?

Protected activity refers to actions by employees that are legally safeguarded from employer retaliation. Common examples in New York workplaces include:

Filing a complaint about discrimination or harassment, either within your company or with an external agency, such as the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights.
Reporting wage violations, like failure to pay overtime as required by state or federal wage laws.
Participating in investigations or proceedings related to labor law violations.

Employees who report specific forms of workplace misconduct, such as sexual harassment, wage theft, or unsafe working conditions, are protected under both New York employment law and federal statutes.

Proving a Retaliation Claim

Establishing a workplace retaliation case in New York requires demonstrating:

You engaged in a protected activity.
Your employer was aware of this activity.
You suffered a negative employment action, such as being fired or demoted.
There is a clear link (causation) between your protected activity and the negative action.

It is not uncommon for employers in New York City or Brooklyn to assert that disciplinary actions or job terminations were for legitimate business reasons. To successfully pursue a claim, you must provide evidence tying the negative outcome directly to your protected action.

Legal Steps Employees Can Take

If you suspect workplace retaliation, taking deliberate and well-documented steps is crucial. Employees in New York should:

Maintain detailed records, including emails, complaint forms, and written communications.
Follow the employer's internal procedures for reporting retaliation.
Contact a lawyer familiar with employment law , particularly one who routinely handles labor and employment litigation in New York.
Consider filing a claim with the EEOC or New York State Division of Human Rights, depending on the nature of the issue.

Seasoned attorneys understand how recent rulings from courts across New York impact the interpretation of retaliation claims, particularly as they relate to evolving work environments, seasonal shifts in employment, and workforce reductions.

Recent Example: Protecting Workers' Rights Locally

At Khalifeh & Strupinsky, P.C. , recent clients in the New York City metropolitan area have faced retaliation after raising concerns about unpaid overtime during the busy winter retail season. After helping these clients gather evidence and report the activity through proper channels, the firm pursued remedies that included reinstatement, back pay, and employer policy changes. These cases underscore the importance of immediate, informed legal action and demonstrate that robust local protections are indeed available.

Contact Khalifeh & Strupinsky, P.C. for Help with Workplace Retaliation in Brooklyn and New York, NY

If you believe you have experienced workplace retaliation in Brooklyn or elsewhere in New York, Khalifeh & Strupinsky, P.C. is here to assist. The firm offers comprehensive guidance on employee rights and can help you explore your legal options. To schedule a confidential consultation, call 917-717-5007 or fill out our secure online form today.

What To Do if You've Been Given the Power of Attorney Over a Loved One

Wed, 11 Feb 2026 00:50:09 GMT

Being granted power of attorney (POA) over a loved one is both an honor and a significant responsibility. This legal arrangement requires you to act in your loved one's best interests, particularly during times of incapacity. If you are in this role, it is important to understand not just the basics of POA, but also how you can use your authority effectively, especially when it comes to managing finances and property in New York. From complying with state statutes to ensuring proper financial management, every step you take should be aligned with your loved one's wishes and New York law.

What is Power of Attorney and What are Your Duties?

A power of attorney is a legal document that authorizes you, the agent, to act on behalf of the principal, or your loved one. This can cover a range of actions, such as managing real estate, handling financial accounts, or making healthcare decisions. In New York, a POA can be durable, meaning it remains in effect if your loved one becomes incapable, or nondurable, meaning it lapses in such cases.

As an agent, you are required to:

Act honestly, with care, and in your loved one's best interest
Maintain thorough records of all actions and transactions
Avoid conflicts of interest or personal gain from the arrangement
Follow any instructions given in the POA document

Key First Steps After Accepting Power of Attorney

After being named as POA, your first actions should involve:

Reading the POA document in detail to determine the extent and limits of your authority
Notifying financial institutions and other relevant parties of your new role
Keeping all important documents secure, such as the original POA, identification, and any court filings
Consulting with a reputable law firm for tailored guidance to ensure compliance with New York State law

Transparency is crucial. In Brooklyn and throughout New York City, mismanagement or failure to follow the rules can result in legal consequences.

Managing Assets, Accounts, and Real Estate

If your loved one owns property or has substantial assets, you might need to make decisions about real estate or investments. For those handling commercial or residential properties, understanding the full scope of your powers is essential. For example, to sell, rent, or transfer real estate, New York law often requires that the POA document specifically grants such authority. You may need to coordinate with real estate professionals and accountants, and you may also need to address seasonal challenges unique to New York, like winter property maintenance or compliance with local housing codes.

Tax Strategies and Financial Transactions: 1031 Exchange Overview

If your power of attorney involves managing real estate investments, you might encounter opportunities for a 1031 exchange. This is a legal process allowing property owners to defer capital gains taxes when swapping one investment property for another. It is particularly beneficial for commercial investors in areas like Brooklyn, where property values and investment opportunities shift seasonally.

A 1031 exchange offers the following tax advantages:

Defers capital gains taxes, preserving more capital for reinvestment
Allows for portfolio growth without immediate tax burden
Helps with estate and succession planning

Eligibility for a 1031 exchange requires that both properties be held for investment or business purposes and be "like-kind." The timeline is strict: after selling the first property, you have 45 days to identify potential replacements and 180 days to complete the transaction. Be sure to keep accurate records and consult with qualified professionals to help navigate these legal and tax issues.

When to Consult Legal Professionals in Your Role as POA

Given the complexity of laws and responsibilities in New York, being proactive about seeking legal counsel is always in your loved one's best interest. Whether you are unsure about your powers, need help with property transactions, or face a dispute, trust and estate administration or elder law attorneys can provide solutions tailored to your specific circumstances. This is especially important in a highly regulated, diverse city like New York.

Contact Khalifeh & Strupinsky, P.C. for Power of Attorney Guidance in Brooklyn and New York, NY

If you have been granted power of attorney and need reliable legal advice, Khalifeh & Strupinsky, P.C. is here to help. Our team is well-versed in New York State's complex POA regulations, offering comprehensive services in estate planning and related legal matters. To schedule a confidential consultation, call us at 917-717-5007 or fill out the secure online form . Let us help you navigate your new role with confidence and clarity.

Estate Planning in the New Year: 5 Documents to Update After Major Life Changes

Thu, 29 Jan 2026 10:11:53 GMT

The start of the year offers an excellent opportunity to review your estate plan, especially if you've recently experienced significant life changes. Events such as marriage, divorce, the birth of a child, or acquiring substantial new assets can all impact your existing documents. Proper estate planning helps ensure your wishes are clear and your loved ones are protected, and residents in New York should be especially vigilant due to local regulations and the unique asset structures common in Brooklyn and New York City.

Below are the five most crucial estate planning documents you should review and update following life's major milestones.

1. Will

Your will serves as the cornerstone of your estate plan. It details how your assets should be distributed and who should care for minor children.

Following changes like a new marriage, divorce, or the arrival of a child, it is imperative to review and update your will to:

Reflect current family members and relationships.
Change or add guardians for minor children.
Amend asset distributions, especially if your financial landscape has shifted, which frequently happens in New York's fast-paced real estate environment.

2. Trusts

Whether you have a revocable living trust or an irrevocable trust, these legal tools can provide privacy, avoid probate, and manage legacy assets efficiently.

Major life changes warrant a review of your trust for reasons such as:

Adding or removing beneficiaries after birth or divorce.
Modifying asset allocations due to property acquisitions or financial changes, such as a new business venture in Brooklyn.
Appointing new trustees if former ones are no longer appropriate due to changed relationships.

3. Beneficiary Designations

Many assets transfer outside of probate through direct beneficiary designations, including retirement accounts, life insurance policies, and payable-on-death bank accounts. Marriage, divorce, or the death of a previous beneficiary should prompt you to:

Update account records to avoid accidental disinheritance.
Ensure that loved ones are accurately reflected and protected.
Revisit designations especially after moving or acquiring new accounts within New York's varied financial institutions.

4. Powers of Attorney

A durable power of attorney allows a trusted individual to handle your financial and legal affairs if you become incapacitated. Any shift in your personal relationships or the trustworthiness of your appointed agent is cause to:

Designate a new agent if your previous choice is no longer appropriate.
Ensure your agent remains geographically available, which matters if you relocate within or outside New York City.
Expand or limit powers as your personal and business interests evolve.

5. Medical Directives

Health care proxies and living wills outline your medical preferences and designate someone to make critical decisions on your behalf. These documents are essential for safeguarding your wishes in the event of incapacity. Adjust these documents to:

Reflect new spouses or trusted loved ones who should now make decisions.
Express any updated healthcare wishes as influenced by recent experiences or diagnoses.
Stay compliant with New York medical directive requirements, which are specific and require particular language.

Schedule Your Estate Plan Review with Khalifeh & Strupinsky, P.C. in Brooklyn and New York, NY

Timely estate plan updates after life changes are key for peace of mind and legal protection. If you reside in Brooklyn or anywhere in New York, Khalifeh & Strupinsky, P.C. is prepared to support you with comprehensive estate planning services , trust and probate administration, and asset protection planning . To schedule a confidential consultation, call 917-717-5007 or fill out the firm's secure online form today.

What First‑Time Homebuyers in New York Must Know Before Closing

Thu, 22 Jan 2026 14:08:17 GMT

Buying a first home in New York is a huge milestone, but navigating the legal steps to closing can be daunting, especially in a fast-paced market like Brooklyn or Manhattan. As the closing date approaches, it is essential to understand the legal procedures, how to avoid common pitfalls, and what to look for in your documents. Lenders, sellers, and attorneys all play critical roles, but you, the buyer, must be aware of your responsibilities to protect your investment and ensure a smooth transaction.

Understanding Deposit Contingencies and Your Rights

When you sign a purchase agreement in New York, you typically provide an earnest money deposit. This deposit, held in escrow by the seller's attorney, secures your intent to purchase the property. It's critical to recognize the contingencies attached to this deposit, which can include mortgage approval and satisfactory home inspections. Should you fail to obtain financing or identify significant defects during inspection, these contingencies offer a legal route to recover your deposit.

A common misstep for first-time buyers is overlooking the expiration dates on contingencies. For instance, if you do not obtain a mortgage commitment by the specified deadline, your deposit could be at risk. Working closely with your real estate attorney to monitor and negotiate these timelines is key to safeguarding your interests throughout the closing process.

Resolving Title Issues Prior to Closing

Title defects remain one of the major challenges in New York real estate purchases, especially in older buildings where the chain of ownership may be less straightforward. Title searches are vital to reveal issues such as:

Unpaid property taxes
Outstanding liens or judgments
Errors in prior deeds

A title search and clearing services provider will investigate whether there are legal claims against the property. Buyers should review all findings thoroughly with their attorney, ensuring any issues are resolved before closing. In Brooklyn, where historic homes are common, unpaid utility bills or even disputes between co-owners may surface and require legal resolution, which would otherwise delay or jeopardize your closing.

Key Contract Clauses to Review in New York Home Purchases

New York contracts of sale contain numerous clauses that define buyer and seller obligations . Pay special attention to these areas:

The "as is" clause, which limits the seller's liability for post-closing defects. Be sure your home inspections are comprehensive.
Appliances and fixtures inclusion. Clarify in writing whether items like window air conditioners or custom blinds are included with the home.
Closing date and penalties. Factor in potential delays due to title clearing or lender holdups and whether penalties will apply for late closings.

Your attorney's detailed review of these terms will help prevent post-closing disputes. In New York, it is customary for the buyer's attorney to prepare the initial contract, allowing for negotiation of key terms that protect your interests.

Avoiding Last-Minute Closing Pitfalls

As the closing date nears, it is not uncommon for first-time buyers to face unexpected hurdles. Typical issues include missing documentation from the lender, last-minute repair disputes, or co-op board approval delays. In New York's competitive market, especially during the busy spring and summer home-buying seasons, these last-minute complications can undermine deals.

To mitigate such risks:

Confirm all financial documents and closing disclosures are accurate and submitted ahead of deadlines.
Schedule a final walk-through to verify property condition matches contract terms.
Work closely with your real estate attorney to coordinate all parties for a smooth closing day.

Ready to Navigate Your First Closing? Contact Khalifeh & Strupinsky, P.C. Today

If you are preparing to close on your first home in Brooklyn or New York, NY, professional legal guidance can make all the difference. At Khalifeh & Strupinsky, P.C. , our dedicated team provides comprehensive support for residential real estate transactions . Call 917-717-5007 or fill out our online form to schedule a consultation and ensure your home purchase is smooth, secure, and stress-free.

New Year, New Law for Foreign LLCs

Tue, 20 Jan 2026 12:21:49 GMT

As of January 1st, limited liability companies formed in a foreign country who plan to do business in New York state must now disclose beneficial ownership to the Department of State within 30 days of filing their articles of organization. Beneficial owners are defined as those who exercise "substantial control" over the reporting company or who own no less than 25% of it. Each beneficial owner must provide personal information including:

their full legal name;
date of birth;
current home or business street address; and
a unique identifying number from an unexpired passport, driver's license, or government-issued identification card.

Ownership disclosure statements or attestations of exemptions (for LLCs formed in other states or U.S. territories) must be now filed electronically every year, with a $25 fee for each document. For a more detailed breakdown of the new law, who it affects, and what they should do, the Department of State has provided an FAQ section on its website.

This act is the first state statute allowing for a state-level beneficial ownership database, with the purpose of inhibiting fraud and theft committed by anonymous shell companies. In this way, the New York statute is a narrower extension of the Corporate Transparency Act (CTA) passed by Congress in 2021. However, some definitions differ between the two laws, leading to inconsistencies that are outlined in this article . The NYS Transparency Act is likely to undergo further modifications, and the Department of State encourages that companies regularly check their website and the New York State LLC Law sections 1106, 1107, and 1108 for updated information.

Understanding the Important Differences Between a Will and a Trust When Estate Planning

Thu, 08 Jan 2026 12:46:28 GMT

Estate planning offers peace of mind, preserves your legacy, and protects your loved ones after you are gone. When preparing for the future, the most common legal instruments are wills and trusts . Knowing the key differences between these two tools can help you make informed decisions about how your assets will be managed and distributed.

What Is a Will?

A will is a legal document that details how you want your property and assets distributed upon your passing. It can also specify guardians for minor children and outline other final wishes. A will only takes effect after your death and must go through probate, a court-supervised process, to validate it and settle your estate. In New York, this process can be lengthy and public.

Key points about wills include:

A will allows you to name beneficiaries for your assets.
The probate court oversees the administration of your estate.
Probate is a public process, and documents become part of the public record.
Wills become effective only after death.

What Is a Trust?

A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries, according to instructions provided in the trust document. Unlike a will, a trust can be active during your lifetime or established upon your death. Trusts can offer more privacy, as they do not go through probate. This makes them desirable for those seeking greater control and confidentiality.

Frequently used trusts, such as revocable living trusts, allow you to maintain control over assets while you are alive and to determine exactly how and when funds are distributed to beneficiaries. This is a particularly important consideration in New York, where owning real property across boroughs or states is common.

Key Differences Between a Will and a Trust

Understanding how a will and a trust differ is vital to comprehensive estate planning :

Probate: Wills require probate; most trusts do not.
Privacy: Probate makes will details public; trusts remain private.
Timing: Wills become effective after death; trusts can manage assets while you are living and after you pass away.
Flexibility: Trusts often provide greater control, such as specifying gradual asset distributions or providing care for a special needs family member.
Cost and Complexity: Trusts may involve upfront costs and more detailed planning, but can reduce costs and delays later by avoiding probate.

When Should You Choose a Will or a Trust?

The right choice often depends on your circumstances. If your estate is modest or you have straightforward wishes, a will may suffice. However, if you want to avoid probate, limit delays, or maintain privacy for your beneficiaries, setting up a trust can be the better option. In Brooklyn and across New York City, where real estate values are substantial and family structures are often complex, trusts are increasingly favored for their flexibility and discretion.

Additionally, families with minor children, blended families, or those owning properties in multiple states may benefit from consulting with an estate planning lawyer to tailor a solution to their needs.

Work With an Estate Planning Attorney for Your Needs

Whether you are interested in creating a will, establishing a trust, or developing a comprehensive estate plan in Brooklyn or New York, NY, working with a knowledgeable legal team ensures your assets and your loved ones are protected according to your wishes. Khalifeh & Strupinsky, P.C. offers guidance in estate planning, probate & estate administration, and real estate law. To schedule a consultation, call 917-717-5007 or fill out the secure online form to discuss your estate planning options with professionals who understand the unique needs of New York families.

Making a Will For the First Time? Avoid These Common Mistakes

Wed, 29 Oct 2025 08:46:04 GMT

Drafting your first will is an important step in managing your estate and ensuring your assets are distributed according to your wishes. Without careful attention, errors in your will can have lasting consequences for your beneficiaries. At Khalifeh & Strupinsky, P.C., we have identified common mistakes to avoid when creating a will for the first time.

Not Seeking Professional Advice

Many people attempt to create their wills using generic online templates. While this approach may appear cost-effective, it often results in a will that does not fully reflect your intentions or comply with state laws. Legal guidance ensures your will is valid, comprehensive, and tailored to your situation.

Overlooking Minor Details

Small oversights in a will can cause confusion and disputes among beneficiaries. Issues such as not accounting for all assets or failing to specify how debts should be handled can create complications. Ensure that your will is thorough and leaves no room for misinterpretation.

Forgetting to Update the Will

Life events such as marriage, divorce, the birth of children, or the acquisition of significant assets require updates to your will. An outdated will may distribute your estate in ways that no longer match your wishes. Regular reviews ensure your will reflects your current circumstances.

Choosing the Wrong Executor

The executor manages your estate according to your instructions. Some people select an executor based on personal feelings rather than practical capabilities. It is important to choose someone who is trustworthy and able to handle the legal and financial responsibilities of the role.

Not Planning for Taxes and Debts

Neglecting the impact of taxes and debts can reduce the assets your beneficiaries receive. Effective estate planning includes strategies for minimizing these financial burdens. Consultation with legal professionals can provide options for tax-efficient distribution and debt management.

Forgetting Digital Assets

Modern estate planning requires consideration of digital assets, including social media accounts, cryptocurrencies, and online businesses. Specify how these assets should be accessed and managed after your passing.

Not Clearly Defining Gifts and Bequests

Vague instructions for gifts or bequests can lead to disputes among heirs. Clearly identify who receives each asset and include explanations if necessary to prevent misunderstandings and conflicts.

Your Next Steps with Khalifeh & Strupinsky, P.C.

Creating a will for the first time can be challenging, but avoiding these mistakes provides a solid foundation for managing your estate. At Khalifeh & Strupinsky, P.C., located in Brooklyn and New York, NY, our estate planning attorneys guide you through drafting, updating, and ensuring your wishes are accurately and legally represented. Contact us at 917-717-5007 or fill out our online form to schedule a consultation and protect your legacy.

Responsibilities of an Estate Administrator

Fri, 03 Oct 2025 03:31:32 GMT

The role of an Estate Administrator is essential when a person passes away, especially if there is no will in place. This position requires diligence, legal knowledge, and careful organization to properly manage the deceased's estate. Estate administration is guided by state laws and probate court procedures, which vary by jurisdiction but share common responsibilities necessary for proper estate management.

Collection and Management of Estate Assets

An Estate Administrator's first duty is to take control of the deceased's assets. This may include reviewing financial records, securing properties, and ensuring valuables are safeguarded. The Administrator may also need to locate and recover assets, re-register securities in the estate's name, and open estate bank accounts to manage financial transactions.

Inventory Listing and Asset Valuation

Creating an inventory of assets is a central responsibility. This includes financial accounts, personal belongings, and real property owned by the deceased. Proper valuation is equally important since it affects tax filings and determines how assets will be distributed to beneficiaries.

Notification and Communication

Once appointed, the Estate Administrator must notify heirs, beneficiaries, and creditors of the death. Legal requirements may also include publishing official notices to alert potential creditors and managing any claims against the estate.

Debt Settlement and Tax Filings

The Administrator must carefully review and pay the deceased's lawful debts in the correct order of priority. This includes handling creditor claims while preserving the estate's solvency. Additionally, preparing and filing the deceased's final income tax returns, and if applicable, estate tax returns, is an important responsibility.

Distribution of Assets

After debts and taxes are resolved, the Administrator must distribute remaining assets according to the will, or in cases of intestacy, under state law. This step requires ensuring that distribution is carried out accurately and fairly.

Estate Closing

The final stage of administration involves filing a final accounting with the probate court. This demonstrates how all assets were managed, distributed, or retained, providing a formal conclusion to the estate process.

Contact Khalifeh & Strupinsky, P.C.

Administering an estate is a complex and time-sensitive responsibility that should be approached with care. At Khalifeh & Strupinsky, P.C. in Brooklyn and New York, NY, our legal team provides guidance throughout the estate administration process, ensuring that every step is handled with professionalism and sensitivity.

For assistance with estate administration, call us at 917-261-3643 or fill out our online form to schedule a consultation.

TBT to Eugene's Shoutout in Copyright Case Blog

Thu, 02 Oct 2025 03:27:11 GMT

Back in 2021, Eugene was mentioned in this blog about hard-fought copyright case Golden v. Michael Grecco Productions, Inc., where he represented blogger Lee Golden. For more information on copyright issues, check out our other blogs linked below!

https://www.khalifehstrupinsky.com/blog/2021/03/right-of-publicity-for-models-in-photographs-is-a-distinct-right-apart-from-copyright

https://www.khalifehstrupinsky.com/is-ai-fair-use

https://www.khalifehstrupinsky.com/is-ai-or-ia-fair-use-more-thoughts

What Does Probate Mean? Understanding the Administration of an Estate

Sat, 13 Sep 2025 02:29:49 GMT

When a loved one passes away, handling their estate becomes a primary concern for surviving family members or executors. In New York, this process is addressed through probate or administration in the county Surrogate's Court. While it may seem overwhelming at first, understanding probate is essential for effectively managing and settling the affairs of the deceased.

What Exactly is Probate?

In New York, probate is a proceeding in the Surrogate's Court to prove a will and appoint a fiduciary, called an executor, to administer the estate. When there is no will, the process is called an administration proceeding, and the court appoints an administrator. The fiduciary is responsible for collecting assets, paying debts and taxes, and distributing the remaining property according to the will or, if there is no will, under New York's intestacy laws.

Key Steps in the New York Probate or Administration Process

The probate or administration process in New York generally involves several key stages:

Filing in Surrogate's Court
The nominated executor, or an eligible distributee if there is no will, files a petition in the Surrogate's Court located in the county where the decedent lived at the time of death.
Notifying Interested Parties
The court issues process and notice to all distributees and beneficiaries, giving them the opportunity to object or make claims if necessary.
Inventory and Valuation
The fiduciary identifies and values probate assets, often requiring appraisals for both distribution and tax purposes.
Paying Debts and Taxes
Before distributing assets, the fiduciary must address valid creditor claims and satisfy any applicable state and federal tax obligations.
Distributing the Remaining Assets
Once debts and taxes are paid, the fiduciary distributes the remaining property in accordance with the will or, if no will exists, according to New York intestacy statutes.

Small Estates in New York

If the estate includes $50,000 or less in personal property, the Surrogate's Court may allow a simplified proceeding known as Voluntary Administration. This option is more efficient but generally does not apply to real property held solely in the decedent's name. See information here:

https://www.nycourts.gov/courthelp/whensomeonedies/smallEstate.shtml

Court Oversight

Most New York estates proceed with limited day-to-day court involvement once a fiduciary is appointed. However, the Surrogate's Court can require supervised administration or formal accountings if disputes arise or if oversight is deemed necessary.

Ancillary Proceedings

If a non-New York resident owned real or personal property located in New York, an ancillary proceeding may be required in the county Surrogate's Court. This process ensures that the decedent's New York assets are properly administered and distributed.

Trusts and Avoiding Probate

Trusts and other non-probate transfers, such as payable-on-death accounts and joint ownership arrangements, can help streamline estate administration and reduce the need for probate. A properly structured estate plan can provide privacy and efficiency for families.

Conclusion

While probate in New York can be complex, understanding the process helps ease the burden on surviving family members. With proper planning and the right legal guidance, estates can be administered effectively while respecting the wishes of the deceased and protecting the interests of heirs.

At Khalifeh & Strupinsky, P.C. , we assist clients in Brooklyn and New York, NY with probate, administration, small estates, and ancillary proceedings. Our legal team is committed to providing professional guidance tailored to your situation. To learn more, contact us at 917-717-5007 or complete our online form today.

Is AI (or IA) Fair Use? More Thoughts…

Fri, 12 Sep 2025 02:25:45 GMT

In 2020, four publishers sued nonprofit organization, Internet Archive (IA), for copyright infringement after IA digitized over 100 print books and distributed them without permission from the publishers or authors. Last year, the court ruled that this did not constitute fair use. The decision was based largely on the precedent set in Andy Warhol Foundation v. Goldsmith (2023), which held that the purpose of a derivative work must be transformative for it to be protected by the first factor (of the bespoke four-factor test for fair use, "the purpose and character of the work"). In this case, the purpose of making digitized copies was the same as the purpose for the original books: to make an author's work available to consumers. Incidentally, the purpose of Warhol's use was "to make art," same as the original photograph, thus not fair. This matter was always frustrating in terms of whether the purpose, or the art itself, was "transformative." After Warhol, the answer, which freed Courts from having to decide what art is, has been -- the purpose, the intent.

Additionally, the free archive was determined to cause market harm to the originals. Why would consumers pay licensing fees to publishers if they could access the same books for free online? While the short term effects of a free archive seem favorable to consumers, in the long term, this can harm society by hindering authors' incentive to make original works. It is this very concern that underlies copyright law. Creators are given economic incentive to create, and society benefits from the artistic or scientific progress these creations yield. An action that undermines this fundamental goal is not lawful.

Interestingly, the decision reached in Hachette was very different from those reached a year later in Bartz v. Anthropic and Kadrey v. Meta (for more information check out this blog post ). In both those cases, the use of books to train AI models was considered transformative enough to count as fair use. But are these situations all that different?

AI models go a step or two further. They use ("read"?) digital copies of copyrighted works to ultimately generate their own text. In this sense, the purpose is the same, but framed differently, AI trains itself, in order to learn and comprehend, perhaps reason and act, to be very intelligent and generative. You can see how it is much easier to call something transformative by looking at the product, not the intent, so in that sense, the law is unsettled, or open to interpretation.

Overall, it seems that the proliferation of generative AI could have a demotivating effect on creators. Does the economic incentive of copyrighting original work outweigh the ease and convenience of using AI? There is evidence that for some, it may not. In universities, students complete AI disclosures and in some creative publications, contributors sign AI agreements, alleging not to have used AI in their work. These measures exist because of the threat that AI poses to human originality.

In the context of AI, the question of fair use in cases like Warhol , Hachette , Bartz, and Kadrey really becomes an exercise in defining authorship, progress, and public benefit. Is progress driven by technological advances in AI, or original human artistic achievement? Can fair use accommodate both? What public is benefiting from this progress, and how?

Real Estate Deeds Should Be an Essential Part of Your Estate Planning

Fri, 29 Aug 2025 14:54:38 GMT

When developing a comprehensive estate plan, real estate is often one of the most significant assets an individual owns. Understanding how real estate deeds factor into estate planning is crucial, especially in the active property markets of Brooklyn and New York. These legal instruments define ownership rights and support a smoother transition of assets, helping to preserve your legacy in accordance with your intentions.

Understanding Real Estate Deeds in Estate Planning

Real estate deeds are formal documents that transfer property title from one party to another. In the context of estate planning, their importance extends beyond simple transactions. Different types of deeds including warranty deeds, quitclaim deeds, and transfer on death deeds serve specific purposes depending on your planning goals. Choosing the appropriate deed structure can simplify the administration of your estate and ensure your wishes are clearly documented.

The Role of Deeds in Asset Distribution

A well-structured estate plan aims to distribute assets efficiently, in accordance with your instructions, and with minimal legal complications. Real estate deeds can be used to streamline this process. For example, a Transfer on Death (TOD) deed allows a property to pass directly to a named beneficiary upon the owner's death, bypassing probate. This approach can reduce delays, legal expenses, and uncertainty for your heirs.

Minimizing Legal Disputes

Unclear or incomplete estate plans often result in disputes among heirs, particularly regarding valuable assets like real estate. Clearly naming property recipients through properly executed deeds reduces the risk of conflict and legal challenges during the probate process. Well-prepared documentation helps protect both your assets and family relationships by providing clarity and fairness in distribution.

Special Considerations for Real Estate Investors

For property investors, especially those with multiple holdings across different legal jurisdictions, estate planning involving real estate deeds is essential. In markets like Brooklyn and New York, where property values and legal complexities are high, each property should be addressed individually. Careful deed planning ensures continuity of investments and facilitates smooth ownership transitions that preserve the value of your portfolio for future generations.

Secure Your Legacy with Professional Estate Planning

Estate planning that includes attention to real estate deeds is a critical step in protecting your legacy and ensuring your intentions are honored. At Khalifeh & Strupinsky, P.C., we offer personalized legal support to guide you through the estate planning process. Whether you are managing a single residence or an extensive portfolio, our team is ready to help you implement the right strategies. Contact us at 917-717-5007 or complete our online form to schedule a consultation. Serving clients throughout Brooklyn and New York, NY, we are here to assist with all aspects of your estate planning needs.

Revocable vs. Irrevocable Trusts: What’s the Difference?

Fri, 15 Aug 2025 02:16:11 GMT

When it comes to estate planning, understanding the difference between revocable and irrevocable trusts is essential to ensuring your assets are protected and distributed according to your wishes. These two types of trusts serve distinct purposes and offer varied benefits, making it important to select the one that best aligns with your goals.

Flexibility and Control

One primary distinction between revocable and irrevocable trusts is the level of control they provide. A revocable trust allows the grantor to modify, amend, or revoke the trust at any time during their lifetime. This flexibility is useful when adapting to changes in personal circumstances, financial status, or family dynamics.

In contrast, an irrevocable trust does not permit changes or revocation once it has been established. This permanency requires thoughtful consideration to ensure it supports your long-term estate planning objectives.

Asset and Creditor Protection

Revocable trusts offer limited protection from creditors, as the assets within them are still considered the personal property of the grantor. Consequently, they may be subject to legal claims or judgments.

Irrevocable trusts, on the other hand, provide stronger asset protection. Because the assets are no longer owned by the grantor, they are generally shielded from creditors, offering greater preservation for future beneficiaries.

Tax Implications

The tax treatment of trusts can vary significantly depending on the type selected. Assets in a revocable trust remain part of the grantor's taxable estate and offer no direct tax advantages.

By contrast, transferring assets into an irrevocable trust can help reduce or eliminate estate taxes. Since the assets are no longer part of the grantor's estate, this strategy may yield notable tax savings.

Medicaid Planning

When planning for long-term healthcare costs and Medicaid eligibility, the type of trust can play a pivotal role. Assets held in a revocable trust are considered countable for Medicaid purposes, which could disqualify an individual from benefits.

An irrevocable trust can help preserve eligibility by placing assets outside of the grantor's ownership, allowing the individual to meet Medicaid asset thresholds while safeguarding wealth for beneficiaries.

Privacy and Probate Avoidance

Both trust types can help your estate avoid probate, but they differ slightly in execution. A revocable trust allows for the private transfer of assets upon death without the need for court involvement, simplifying the process for heirs.

Irrevocable trusts also bypass probate and generally keep the details of asset distribution confidential, helping maintain the privacy of both the trust's terms and its contents.

Final Thoughts

Choosing between a revocable and irrevocable trust requires a careful evaluation of your estate planning priorities, including control, asset protection, tax considerations, Medicaid planning, and privacy. The best option will depend on your long-term financial and personal goals.

If you are located in Brooklyn or New York, NY, and are considering establishing a trust, Khalifeh & Strupinsky, P.C. can assist you with creating a legally sound estate plan tailored to your specific needs. Contact our office at 917-717-5007 or fill out our online form to schedule a consultation.

Is AI Fair Use?

Thu, 07 Aug 2025 16:00:20 GMT

Two recent decision suggest it can be...

This summer, the Northern District of California issued two decisions regarding the use of copyrighted works to train AI large language models (LLMs), after authors sued AI developers for copyright infringement. While both judges ruled in favor of the AI developers, according to the fair use doctrine, their decisions raise further issues about how fair use should be applied to such rapidly evolving technology.

In the first case, Bartz v. Anthropic, Judge William Alsup ruled that the use of copyrighted books to train Anthropic’s Claude AI LLM was supported by the first factor of fair use, given that its purpose and character were "quintessentially transformative.” Like an aspiring writer who has read an array of books, the LLM used the books as a basis for generating new content that neither replicated nor served the same purpose as the originals. The court also ruled that Anthropic’s digitization of purchased works for a centralized training library was fair use, though pirating unauthorized copies for the library was not.

In the related case Kadrey v. Meta, Judge Vince Chhabria relied more heavily on the fourth factor of fair use. He reasoned that Meta’s use of copyrighted works for LLM training did not cause market harm to the originals, either by reproducing them or harming the market for licensing them for AI training. However, he noted the importance of considering how LLMs could dilute the market for originals by generating substantially similar works, even though the plaintiffs did not present strong enough evidence of this.

Judge Chhabria’s warning points to a potential issue in both cases: too much emphasis placed on fair use of the LLM inputs (training material) rather than on their outputs. For example, with AI capable of creating detailed summaries of works within a matter of seconds, there is a very real possibility they will replace the need for readers to purchase copies of the originals. While online summaries have existed for decades, they have never been so accessible and personalized as those generated by AI.

In general, the question arises of how similar AI outputs have to be to the original works to cause market harm. While the markets for fiction and classic books may not be severely impacted, what about the markets for nonfiction books, whose appeal arises less so from creativity, style, and celebrity?

Does Your Elderly Parent Need a Medical Directive?

Tue, 05 Aug 2025 01:36:15 GMT

Planning for the future is an essential aspect of caregiving, especially when it involves the health and well-being of elderly parents. Among the legal preparations that can make a substantial difference is establishing a medical directive. This legal document provides clear guidance to healthcare providers and family members when an individual can no longer communicate their medical preferences. But how can you tell if your elderly parent needs one, and what steps should you take?

Understanding Medical Directives

Medical directives include documents such as living wills and healthcare powers of attorney . These instruments specify a person's healthcare preferences for situations in which they are unable to express their wishes. They help ensure your parent's treatment plan reflects their values, while also alleviating the burden on loved ones faced with difficult decisions during medical emergencies.

The Role of a Living Will

A living will is a fundamental part of a medical directive. It outlines which medical treatments an individual would accept or decline. By making these choices clear in advance, a living will helps avoid confusion or disagreement among family members during times of crisis.

The Importance of a Healthcare Power of Attorney

A healthcare power of attorney allows an appointed individual to make medical decisions on behalf of your parent when they are unable to do so themselves. This decision-maker is typically a trusted relative or friend who understands the parent's preferences and values. Having this designation in place ensures that decisions are made by someone your parent would trust.

1. Reducing Family Conflict

Without a medical directive, families may struggle with conflicting opinions about what is best. In emotionally charged situations, disagreements can escalate quickly. A documented directive provides clarity, helping family members follow a clear course of action that respects the parent's wishes.

2. Reflecting Personal and Cultural Values

Medical directives allow individuals to incorporate personal beliefs, values, and cultural practices into their healthcare planning. Whether it involves the choice of medical procedures or end-of-life care, these documents help ensure that care decisions reflect the individual's unique perspective.

3. Avoiding Unwanted Medical Treatments

For elderly parents who have specific views about life-sustaining procedures, a medical directive is a protective measure. It clearly states which interventions are to be avoided, allowing healthcare providers to respect the patient's autonomy and preferences.

4. Starting the Process

Establishing a medical directive begins with an open conversation about healthcare values and priorities. After discussing options with your parent, it is advisable to consult a legal professional experienced in estate planning or elder law. These documents should also be reviewed periodically to accommodate any changes in health status or preferences.

5. The Importance of Early Planning

Waiting until a health emergency arises may limit options and increase stress. Initiating these discussions early allows your parent's wishes to be documented in a legally sound manner, giving the entire family greater confidence in the care decisions that lie ahead.

Contact Khalifeh & Strupinsky, P.C.

If you're unsure how to begin the process of creating a medical directive for your elderly parent, we can help. At Khalifeh & Strupinsky, P.C., we assist families in New York with drafting legally compliant and personalized medical directives that respect their loved ones' healthcare preferences. Contact us today at 917-717-5007 or complete our online form to schedule a consultation.

The Role of an Executor in Estate Planning

Thu, 24 Jul 2025 01:49:10 GMT

When planning your estate, one of the most important decisions you will make is choosing an executor. Also referred to as a personal representative, the executor is responsible for overseeing the administration and distribution of your estate in accordance with your will. Understanding this role is essential to ensure your wishes are carried out efficiently and legally.

What Is an Executor?

An executor is an individual or institution appointed to administer the terms of a will after the death of the person who created it. This includes managing assets, paying debts and taxes, and distributing property to the beneficiaries as outlined in the will. The position carries significant legal responsibilities, and the executor must act in the best interests of the estate and its beneficiaries.

Key Responsibilities of an Executor

1. Financial Oversight and Asset Distribution

An executor must identify, collect, and manage the deceased person's assets. Responsibilities may include closing bank accounts, locating life insurance policies, and distributing inheritance assets to the appropriate heirs. Completing these tasks in a timely manner is essential to avoid delays in the probate process.

2. Managing Debts and Taxes

Another important duty involves addressing any outstanding debts and financial obligations. This includes filing final income tax returns, settling with creditors, and ensuring all required payments are made before any distributions to beneficiaries occur. Executors have the authority to use estate assets to satisfy these obligations.

3. Navigating the Probate Process

In many cases, the executor must file the will with the appropriate probate court, notify beneficiaries, and manage any potential legal disputes or claims. The probate process can be complex, especially for larger estates, and requires careful attention to legal procedures and court deadlines.

4. Communication and Coordination

Executors are expected to keep beneficiaries informed about the estate's status and progress through probate. This often involves coordinating with attorneys, accountants, and financial professionals to ensure the estate is administered properly.

Choosing the Right Executor

Selecting the right executor is a crucial part of estate planning. The ideal person is responsible, detail-oriented, and capable of managing financial matters. While many people appoint a trusted family member or friend, it is also common to designate a legal or financial professional, especially for complex or high-value estates.

The Importance of Legal Support

Estate administration can involve complicated procedures and sensitive decisions. Legal counsel can offer critical guidance on choosing an executor, preparing an effective will, and ensuring the probate process is handled in compliance with state law. An attorney can also support the executor in fulfilling their duties, minimizing risks, and helping to prevent disputes among beneficiaries.

Let Khalifeh & Strupinsky, P.C. Assist You

If you are planning your estate or have been named an executor and need guidance, Khalifeh & Strupinsky, P.C. is here to help. Based in New York, we provide comprehensive estate planning and probate legal services tailored to your individual needs. Contact us today at 917-717-5007 or fill out our online form to schedule a consultation.

5 Reasons to Purchase Life Insurance Within a Trust When Creating an Estate Plan in New York

Thu, 29 May 2025 05:44:12 GMT

Life insurance can be one of the most strategic tools in an estate plan, especially when it's purchased and held within a properly structured trust. In a high-tax state like New York, where estate taxes can significantly reduce the assets your heirs receive, integrating life insurance through a trust—most commonly an Irrevocable Life Insurance Trust (ILIT)—can help preserve your legacy, ensure liquidity, and avoid unnecessary tax burdens.

Here are five key reasons to consider purchasing life insurance within a trust as part of your estate planning strategy in New York:

1. Shielding Life Insurance Proceeds from New York Estate Taxes

In New York, estates that exceed the state's basic exclusion amount—$6.94 million in 2024—may be subject to a significant estate tax. Due to the state's unique "estate tax cliff," if your estate exceeds the exemption by more than 5% (i.e., more than $7,287,000), the entire estate becomes taxable, not just the amount over the threshold. This can result in a substantial and unexpected tax liability for your heirs.

By purchasing a life insurance policy directly through an Irrevocable Life Insurance Trust (ILIT), the policy proceeds are excluded from your taxable estate—as long as the trust is properly structured from the outset. This strategy also avoids the IRS's three-year lookback rule, which applies when an existing policy is transferred into a trust. Purchasing the policy within the trust ensures full estate tax protection and maximizes the benefit for your beneficiaries.

2. Immediate Liquidity Without Forcing Asset Sales

Life insurance proceeds can provide critical liquidity to your heirs—used to pay estate taxes, settle debts, or maintain lifestyle—without forcing them to sell illiquid assets like real estate or a family business.

By purchasing the policy within a trust, the trust—not your estate—owns the policy, so the death benefit bypasses probate and becomes available relatively quickly for the trustee to distribute according to your wishes.

3. Protecting and Managing Inheritance for Children and Dependents

Placing a policy inside a trust allows you to control how and when your beneficiaries receive the proceeds. This is particularly valuable if your heirs are minors, have special needs, or may not be financially mature.

In New York, where the cost of living and education is high, structuring life insurance within a trust can ensure long-term financial stability for your dependents—free from mismanagement, creditors, or unplanned tax hits.

4. Avoiding the IRS "Three-Year Rule"

If you transfer an existing life insurance policy into a trust, the IRS imposes a "three-year rule" under IRC §2035. If you pass away within three years of the transfer, the policy's death benefit may still be counted as part of your taxable estate.

To avoid this, you can have the ILIT apply for and purchase a new life insurance policy from the outset. This ensures the policy is never part of your estate and sidesteps the lookback rule entirely—a crucial consideration for those aiming to reduce estate taxes in New York.

5. Supporting Business Succession or Special Family Planning Goals

For business owners or families with complex dynamics, life insurance owned by a trust can fund buy-sell agreements, equalize inheritances among children, or protect against liquidity shortfalls. Because the trust owns the policy, it ensures the funds are used specifically for these goals—and not tied up in probate or estate tax proceedings.

How Khalifeh & Strupinsky, P.C. Can Help

At Khalifeh & Strupinsky, P.C., we specialize in New York estate planning with a deep understanding of how life insurance and trusts intersect. Whether you're establishing an ILIT, navigating the New York estate tax cliff, or selecting the right type of life insurance for your goals, our attorneys can help you build a plan that preserves wealth across generations.

Get in Touch With Our New York Estate Planning Team

Ready to protect your legacy with a trust-owned life insurance strategy? Our experienced estate planning attorneys at Khalifeh & Strupinsky, P.C. are here to help. Call us today at 917-717-5007 or fill out our online form to schedule a consultation.

Why You Should Do All You Can to Avoid Probate in NYC When Working With a Will

Mon, 19 May 2025 03:05:56 GMT

Dealing with the administration of an estate in New York City (NYC) after a loved one passes away can be complex and emotionally taxing—especially when probate becomes necessary. Even with a valid will, the probate process in New York can be long, expensive, and public. That's why many people in NYC and across the state turn to smart estate planning strategies, such as living trusts, to help avoid probate entirely.

If you're considering creating a will or trust in NYC, it's essential to understand the probate process in New York, the challenges it presents, and the legal tools available to protect your assets and your loved ones.

The Downsides of Probate in NYC

In New York, probate is the court-supervised process of validating a will and administering an estate. While it's sometimes necessary, there are several reasons many New Yorkers work to avoid it:

Time Delays

Probate in NYC can take several months to over a year, even for relatively straightforward estates. More complex cases or those involving contested wills can drag on even longer. This can delay the distribution of assets and impose unnecessary stress on grieving families.

Financial Costs

The probate process involves a range of expenses, such as:

Court filing fees
Attorney's fees
Executor's commissions
Accounting and appraisal costs

These expenses can significantly reduce the value of the estate, leaving less for your beneficiaries.

Lack of Privacy

Probate is a public process. Once a will is filed with the Surrogate's Court in NYC, it becomes part of the public record. This means details about the deceased's assets, debts, and beneficiaries are available for anyone to see—including potential creditors, estranged family members, and even fraudsters.

How to Avoid Probate in New York

There are several estate planning strategies that can help you bypass probate in NYC and streamline the asset transfer process. These methods can also help ensure your wishes are respected and your loved ones are protected.

1. Revocable Living Trusts

Creating a revocable living trust is one of the most effective ways to avoid probate in New York. When you place your assets into a trust, you continue to manage them during your lifetime, but upon your death, they are distributed directly to your beneficiaries without going through probate.

Benefits:

Avoids probate delays and costs
Maintains privacy (trusts are not filed publicly)
Allows for faster asset distribution

✅ Important: Assets must be properly titled in the name of the trust for it to be effective.

2. Joint Ownership with Right of Survivorship

In NYC, assets such as real estate or bank accounts can be held jointly with rights of survivorship. When one owner passes away, the surviving owner automatically receives full ownership—without the need for probate.

Types of ownership that avoid probate:

Joint tenancy with right of survivorship
Tenancy by the entirety (for married couples)

⚠️ Note: "Tenancy in common" does not avoid probate and is often misunderstood.

3. Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations

Certain accounts and assets allow for beneficiary designations that take effect upon your death. These include:

Bank accounts (POD)
Investment and brokerage accounts (TOD)
Retirement accounts
Life insurance policies

With proper designations, these assets pass directly to the named beneficiaries without going through probate.

4. New York's Small Estate (Voluntary Administration) Procedure

If the value of an estate's personal property is $50,000 or less, New York offers a simplified probate alternative known as voluntary administration. This is often referred to as the small estate procedure.

Key points:

Only applies to personal property (not most real estate)
Does not apply if the estate includes solely held real property (except certain co-ops)
A faster, less expensive alternative to full probate

This can be a good option for individuals with modest estates or those who have taken steps to minimize probate assets through trusts and beneficiary planning.

Why Estate Planning in NYC Should Focus on Avoiding Probate

Avoiding probate in NYC isn't just about convenience—it's about preserving your legacy, protecting your privacy, and relieving stress for your loved ones. With the right planning tools, including wills, trusts, and proper asset titling, you can ensure that your wishes are honored and your family is supported after you're gone.

Working with a knowledgeable New York estate planning attorney ensures that your strategy is tailored to your unique situation and compliant with New York law.

Conclusion

The probate process in New York City and across the state can present serious challenges—from delays and costs to public exposure of your financial affairs. However, through effective estate planning tools like revocable trusts, joint ownership, and beneficiary designations, many of these challenges can be avoided.

By planning now, you can take control of your legacy and provide peace of mind for your loved ones in the future.

Speak with a NYC Estate Planning Attorney at Khalifeh & Strupinsky, P.C.

At Khalifeh & Strupinsky, P.C., we help individuals and families throughout NYC and New York State create strong estate plans that protect what matters most. Whether you need assistance with drafting a will, setting up a trust, or learning how to avoid probate, our attorneys are here to help.

�� Call us at 917-717-5007 or �� Fill out our online form to schedule a consultation.

Let us help you secure your legacy with a customized estate plan built for life in NYC.

How to Protect Your Family With Estate Planning

Wed, 23 Apr 2025 15:53:32 GMT

Estate is a thoughtful process that not only ensures your wishes are respected but also protects your family from the hardships of making difficult decisions during an emotional time. While contemplating our mortality can be unsettling, early planning can offer peace and security for both you and your loved ones.

Understanding the Importance of Planning

End-of-life, or estate planning involves making decisions about the care you wish to receive at the end of your life, managing your estate, and ensuring your family is not burdened with difficult decisions or financial strain after your passing. The process encompasses a range of preparations, from healthcare directives to wills and trusts, all designed to safeguard your preferences and provide your family with clear guidance.

Key Documents

Several key documents form the backbone of effective end-of-life planning:

Living Will: This document specifies your wishes regarding medical treatments if you become unable to communicate, including life-sustaining procedures you would or would not want to undergo.

Last Will and Testament: It outlines how your assets and estate will be distributed among your beneficiaries. It also names an executor to manage estate affairs after you pass.

Power of Attorney: Designates a trusted individual to manage your legal and financial decisions should you become incapacitated.

Health Care Power of Attorney: Appoints someone to make medical decisions on your behalf if you're unable to do so, ensuring treatment aligns with your wishes.

Living Trust: Allows for a smoother and often non-probate transfer of your assets to your designated beneficiaries, which can significantly ease the administrative and financial burdens on your family.

The Value of Conversations

Having open discussions with your family about your end-of-life wishes and where they can find all necessary documents is paramount. These conversations can be difficult but are essential in ensuring that your wishes are understood and followed, and that your family feels supported and prepared when the time comes.

Navigating Legalities and Support

Engaging with legal and financial professionals to establish your end-of-life plans is advisable. Estate planning attorneys and financial advisors can provide invaluable advice tailored to your personal circumstances, ensuring that your documents are legally binding and that your estate is structured in a way that benefits your loved ones most effectively.

Taking Action Today

The first step in end-of-life planning is to take inventory of your assets and consider your healthcare wishes. Speak with your family about your desires, consult with professionals to draft necessary documents, and ensure that all your paperwork is easily accessible to those who will need it.

Protect Your Family's Future with Khalifeh & Strupinsky, P.C.

At Khalifeh & Strupinsky, P.C. in Brooklyn, NY, we understand the complexities and emotional challenges involved in end-of-life planning. Our team is dedicated to guiding you through every step of the process, ensuring that your wishes are documented and respected, and that your family is protected from unnecessary stress during a difficult time.

Take the first step towards safeguarding your family's future. Contact us today at 917-717-5007 to schedule a case evaluation, or fill out our online form for more information. Our knowledgeable estate planning attorneys are here to assist you with compassionate, personalized legal services that meet your unique needs. Remember, it's never too early to start planning for the future. Secure peace of mind for yourself and your loved ones with Khalifeh & Strupinsky, P.C.

Incorporating Long-Term Care Into Estate Planning: What to Remember

Fri, 04 Apr 2025 14:31:31 GMT

Estate planning is a crucial step in managing your financial future, especially as you age. One critical aspect that is often overlooked is the need for long-term care. Planning for long-term care involves understanding the types of care available, how to fund them, and incorporating these considerations into your estate plan. This ensures that, should the need arise, you are prepared and your assets are protected.

Understanding Long-Term Care Needs

Long-term care encompasses the services required when a person is unable to perform basic daily activities due to aging, illness, or disability. The nature of the care needed can range from in-home assistance to full-time care in a specialized facility. Given that the need for such care can arise unexpectedly and costs can mount quickly, it's imperative to plan in advance.

The Costs Involved and Planning for Them

Long-term care is notoriously expensive, with costs varying significantly based on the type of care and location. Without proper planning, individuals may find themselves exhausting their savings or even losing their assets to cover these costs. Incorporating long-term care into your estate planning allows you to explore funding options, including savings, insurance, and government assistance, to mitigate these expenses.

Insurance Options for Long-Term Care

Long-term care insurance is a prevalent method for funding long-term care, offering coverage that government programs like Medicare may not. It's essential to consider the different policies available and how they integrate with your overall estate plan. Policies vary in terms of benefits, premiums, and eligibility, so thorough evaluation and consultation with a professional are advised.

Medicaid Planning and Asset Protection

For those who may not have sufficient insurance or savings, Medicaid planning becomes crucial. Since Medicaid eligibility requires meeting specific asset and income criteria, asset protection strategies such as setting up irrevocable trusts might be necessary. This planning also entails considering the impact on your estate and beneficiaries.

Incorporating Long-Term Care into your Estate Plan

An effective estate plan addresses not just the distribution of assets but also your care preferences and financial preparation for potential long-term care needs. This includes drafting legal documents such as a durable power of attorney for healthcare, living wills, and exploring strategies for asset protection to ensure your wishes are respected and your family's financial burden is minimized.

Act Now for Peace of Mind and Contact Us Today for Comprehensive Estate Planning

Don't wait until it's too late to start planning for long-term care. Contact Khalifeh & Strupinsky, P.C. today by calling 917-717-5007 or filling out our online form to schedule a case evaluation. From our Brooklyn office, we serve clients across the entire region, offering the guidance needed to navigate the intricacies of estate and long-term care planning. Let us help you secure your future and that of your loved ones.

What Happens if an Estate Goes Into Probate?

Mon, 31 Mar 2025 04:29:59 GMT

Probate is an essential legal process that occurs after someone passes away, ensuring the proper distribution of their assets in accordance with their wishes or state laws. In New York and New Jersey, like elsewhere, understanding the probate process is vital for anyone involved in estate planning or the aftermath of a loved one's death. Khalifeh & Strupinsky, P.C., with years of experience in the legal industry, aims to demystify what happens if an estate goes into probate.

Probate Process: A Brief Overview

Probate begins with validating the deceased's will, if available, and appointing an executor who oversees the distribution of assets, payment of debts, and completion of any outstanding legal matters. If the deceased doesn't have a will, state laws determine how the assets are distributed. This process ensures that beneficiaries receive their inheritance according to the decedent's wishes or the law.

The Importance of Wills and Trusts

A well-structured will or trust can significantly influence whether an estate goes through probate. In the absence of a will, or if assets are not appropriately titled, probate becomes a necessary step. Trusts, specifically living trusts, are often used to avoid probate because assets can be directly transferred to beneficiaries without the need for court intervention. However, certain conditions can trigger probate, such as the failure to transfer all intended assets into the trust.

Tax Implications in the Probate Process

Tax considerations play a crucial role in the probate process. The estate may be subject to various taxes, including estate taxes and inheritance taxes, depending on its size and the state's laws. In New York and New Jersey, executors must navigate these tax obligations, ensuring that the estate complies with federal and state tax laws, a task that can be complex and requires professional guidance.

Navigating Probate Without a Will

Dying without a will (intestate) subjects an estate to probate under the state's intestacy laws. The court appoints an executor to distribute assets according to these laws, often leading to outcomes that might not reflect the decedent's wishes. This process underscores the importance of having a will or estate plan in place to avoid unintended consequences.

The Role of Executors and Probate Courts

Executors play a pivotal role in managing the estate through probate. From filing petitions with the probate court to distributing assets and paying taxes, their responsibilities are extensive. In New York and New Jersey, the probate court's oversight ensures the estate is settled fairly, protecting the rights of beneficiaries and creditors.

Avoiding Probate: Is It Possible?

While not always necessary, avoiding probate can simplify the distribution of assets and minimize costs and delays. Techniques include creating living trusts, joint ownership with rights of survivorship, and naming beneficiaries on accounts and insurance policies. However, these strategies should be employed with legal advice to ensure they align with your estate planning goals.

How Khalifeh & Strupinsky, P.C. Can Help

Navigating probate or planning to avoid it can be a challenging process that requires careful legal guidance. Khalifeh & Strupinsky, P.C., with expertise in New York and New Jersey estate law, is equipped to assist you through every step of the probate process or in proactive estate planning to bypass probate altogether.

Ready for Expert Guidance?

If you're facing probate issues or wish to establish an estate plan that minimizes the likelihood of probate, Khalifeh & Strupinsky, P.C. is here to help. With a detailed understanding of New York and New Jersey's unique legal landscapes, our team can provide the expertise you need. Don't navigate these complex waters alone. Contact us today at 917-717-5007 or fill out our online form to learn how we can assist you in ensuring your estate is managed and distributed according to your wishes.

What You Should Include in Your Estate Plan

Mon, 24 Mar 2025 18:35:25 GMT

Estate planning is a pivotal process for residents of New York, designed to ensure that your assets are distributed according to your wishes upon your passing. It brings peace of mind, knowing that your loved ones will be taken care of and that your directives will be followed. With only a third of the population having an estate plan in place, it's crucial to understand the components that make an estate plan comprehensive and reflective of your wishes. Khalifeh & Strupinsky, P.C., emphasizes the inclusion of several key documents to secure your legacy and provide guidance to your beneficiaries during a challenging time.

Last Will and Testament

The cornerstone of any comprehensive estate plan, a Last Will and Testament allows you to outline the distribution of your assets, including property, money, and other possessions. It's essential to be precise in your instructions and appoint a trusted executor to fulfill your wishes.

Living Will and Healthcare Proxy

A Living Will and Healthcare Proxy are vital for addressing medical decisions in the event of incapacitation. A Living Will specifies your preferences for life-sustaining treatment, while a Healthcare Proxy appoints someone to make healthcare decisions on your behalf.

Power of Attorney

A Power of Attorney (POA) designation is critical for ensuring that someone you trust can manage your financial affairs if you're unable to do so. This includes overseeing bank accounts, paying bills, and making essential financial decisions on your behalf.

Beneficiary Designations

For financial accounts and insurance policies, it's crucial to keep beneficiary designations updated. This ensures that the proceeds from these accounts go to the intended recipients, reflecting your current wishes accurately.

Guardianship for Minor Children

For those with minor children, appointing a legal guardian is imperative to ensure that, in your absence, someone you trust will take care of your children and make decisions for their welfare.

Trusts

Establishing trusts can be a strategic way to manage and distribute your assets efficiently. Trusts can help minimize estate taxes, avoid the probate process, and can be set up for various purposes, including educational funds or charitable giving.

Digital Assets and Passwords

In today's digital age, including digital assets and passwords in your estate plan is increasingly important. This ensures your digital presence is appropriately managed, and your online accounts are accessible to loved ones.

Estate planning is a multi-faceted process, crucial for securing your financial legacy. It not only provides clarity and guidance to your beneficiaries but also ensures your wishes are executed precisely as intended.

Ready to Secure Your Legacy?

Understanding the critical components of an estate plan is just the start. It's time to take action and ensure your wishes are comprehensively documented and legally binding. Khalifeh & Strupinsky, P.C. is here to guide you through every step of the estate planning process. Whether you're drafting a Last Will and Testament, establishing a trust, or navigating the specifics of healthcare directives, our experienced team is ready to provide the support and advice you need.

Don't leave your legacy to chance. Schedule an initial consultation with Khalifeh & Strupinsky, P.C. by calling us at 917-717-5007 or filling out our online form today. Ensure that your assets, from financial holdings to digital accounts, are protected and passed on according to your wishes. Our commitment is to make the estate planning process as straightforward and personalized as possible, safeguarding your legacy for your loved ones.

Khalifeh & Strupinsky, PC formed, announces new office

Tue, 10 Sep 2024 16:47:37 GMT

Khalifeh & Strupinsky, P.C. formed, announces new office

We're pleased to announce the formation of our new law firm Khalifeh & Strupinsky, P.C., serving New York and New Jersey, with our office located in Bay Ridge, Brooklyn. We're proud to practice real estate law and estate planning, and through our of-counsel attorneys network, we help with intellectual property matters, business transactions, and commercial litigation.

Nick Khalifeh , one of our founding partners, chairs the Real Estate, Trusts & Estates, and Probate group. Prior to this firm, Nick worked in top real estate and trust and estate firms, where he developed his extensive knowledge of estate planning and probate.

Our other founding partner Eugene Strupinsky brings decades of diverse legal experience, having practiced as an associate at the law firm of Powley & Gibson, P.C., worked as a public defender at the Legal Aid Society in New York City, and served as a court attorney to a judge.

Both Nick and Eugene are longtime residents of Brooklyn and they are proud to work in and for their community. Their talented team offers their services in English, Arabic, Russian, Ukrainian, and Spanish.

If you have a question about a legal matter, give us a call today!

Right of Publicity for Models in Photographs is a Distinct Right, apart from Copyright

Tue, 30 Mar 2021 15:58:00 GMT

Right of Publicity for Models in Photographs is a Distinct Right, apart from Copyright

On Behalf of Lurie|Strupinsky, LLP | Mar 30, 2021 | Firm News |

Above “models” give this written consent to use their images in this post.

“Businesses who use images of models, particularly those sourced from third parties such as stock image sites, must now carefully scrutinize whatever release the models have provided to ensure that they obtain “written consent” to their intended commercial use.”

“New York’s right of publicity statute, Civil Rights Law §§50, 51, precludes use of a person’s identity in advertisement or trade without his or her written consent. A recent Second Circuit decision, Electra v. 59 Murray Enterprises (2021), held that written releases provided by models to photographers, which provided full permission to use all rights in the photographs, did not suffice to satisfy the statute’s requirement of “written consent.” The businesses who used their photographs were thus liable under the statute.”

Reported here by the New York Law Journal :

We will work to obtain “written consent” from subjects of photographs (which we now understand, is a distinct right apart from the copyright of the photograph) to use their likeness for any commercial purposes by our clients.

Red Bull does not, we repeat, does NOT, give you wings. #tbt

Thu, 11 Mar 2021 14:19:00 GMT

Red Bull does not, we repeat, does NOT, give you wings. #tbt

On Behalf of Lurie|Strupinsky, LLP | Mar 11, 2021 | Firm News |

Red Bull Doesn’t Actually Give You Wings. Oh, Canada!

For over 20 years, the popular energy drink used “Red Bull gives you wings” as its catchy slogan, but in 2014, Red Bull agreed to pay out more than thirteen million dollars after settling a U.S. class action lawsuit that accused the company of false advertising. Consumers believed (claimed) that the popular energy drink would actually give them wings, as advertised.

One energy drink consumer argued that after ten years of drinking Red Bull, he neither had wings nor any enhanced athletic or intellectual performance.

According to the suit, “Even though there is a lack of genuine scientific support for a claim that Red Bull branded energy drinks provide any more benefit to a consumer than a cup of coffee, the Red Bull defendants persistently and pervasively market their product as a superior source of ‘energy’ worthy of a premium price over a cup of coffee or other sources of caffeine.”

Shortly thereafter, Canadian consumers followed suit. Plaintiff Michael Atter claimed that Red Bull made false declarations regarding the product’s usefulness. Attar argued that the beverage company violated the Quebec Consumer Protection Act by claiming that Red Bull was more effective than a lower-priced offering, like a cup of coffee.

Red Bull again paid out a large settlement to unhappy Canadian consumers. According to Dished Vancouver, Red Bull GmbH paid around $640,000 in a class action settlement. Canadian consumers who bought Red Bull in the last twelve years may receive ten dollars from the settlement.

There is, of course, important law behind this, protecting consumers from false advertising. Unfortunately, silly cases like this can clog up the court system, and make light of the need to police against unlawful business practices.

Vicky Cornell sues Soundgarden over Band Valuation

Mon, 22 Feb 2021 19:21:00 GMT

Vicky Cornell sues Soundgarden over Band Valuation

On Behalf of Lurie|Strupinsky, LLP | Feb 22, 2021 | Legal Update |

Soundgarden was a popular grunge band in the 80’s and 90’s, led by the late singer and rhythm guitarist Chris Cornell. Vicky Cornell has sued Soundgarden to ascertain a proper buyout price of her late-husband’s partnership. The lawsuit asks a judge to determine the worth of her stake in the band, based on both the value of Soundgarden’s master recordings and other band assets.

The latest dispute between Vicky and Soundgarden allegedly followed a third-party offer to purchase the band’s recorded music catalog for $16 million, a common industry practice and investment (with Bob Dylan’s music rights recently changing hands for hundreds of millions, for example) Vicky claims, however, that the band subsequently offered to purchase Chris’ interest “for the villainously low figure of less than $300,000.”

The Complaint states that this offer falls short of what she received in royalties for Soundgarden master recordings alone (e.g., not including any additional royalties for publishing rights). Additionally, Vicky claims that Soundgarden did not follow music industry custom in calculating the $278,000 valuation and that the offer is “riddled with methodological flaws, discounts valuable partnership assets, and disregards that, when an iconic performer of Chris’ stature dies, the value of the band increases.”

Lastly, the lawsuit claims that Soundgarden has repeatedly denied Vicky’s requests to access inventory and financial documents that would allow her to properly assess her inherited value of the Soundgarden partnership. Vicky alleges that a “good-faith” valuation would also consider “future merchandise sales and “nostalgia-fueled projects,” such as potential tours with a replacement singer, hologram concerts and “deep-fake renditions of Chris’ vocals drawn from extant recordings by artificial intelligence that could mint brand new Soundgarden hits.”

Soundgarden has twice rejected offers from Vicky to buy-out their partnership interests in the band and current band members responded to the latest lawsuit stating: “The buyout offer that was demanded by the Estate has been grossly mischaracterized and we are confident that clarity will come out in court. All offers to buy out our interests have been unsolicited and rejected outright. For more than a year, Soundgarden’s social media accounts have been hijacked; misleading and confusing our fans. Being a band from Washington State since 1984, we are proud of Soundgarden’s musical legacy, work and career. We look forward to completing the final Soundgarden album.”

Soundgarden stated that music industry valuation expert, Gary Cohen, calculated the Estate’s interest in Soundgarden. Yet, Marty Singer, a lawyer for Vicky, said in a statement to Rolling Stone, “The band’s contention that this dispute is somehow not about the money for them is absurd and hypocritical. Of course, this is about money and their greed.”

Smoking Is Cool

Wed, 17 Feb 2021 17:08:00 GMT

“Smoking Is Cool”

On Behalf of Lurie|Strupinsky, LLP | Feb 17, 2021 | Firm News |

Lung Cancer Patient Sues Tobacco Company for Fraud

Patricia Rickman began smoking in 1986, at just twelve (12) years old. Now, facing near-death from lung cancer, Rickman has sued R.J. Reynolds for fraud. Rickman hopes to prove that the tobacco industry’s successful efforts to create doubts surrounding the dangers of cigarettes caused her addiction.

On Thursday, the Court heard expert testimony from Stanford history professor, Robert Proctor regarding RJR’s actions in the 1980s and 1990s. Proctor had a clear message – RJR supplemented its denial of smoking’s dangers with one message to teens: “Smoking is cool.”

Citing the National Institute on Drug Abuse, Proctor testified that RJR’s 1988 “Joe Camel” campaign increased smoking in middle school and high school kids. RJR’s 1990 strategy documents revealed an effort to target 18-34 adult smokers, “particularly those with an irreverent, less serious mindset.” In 1997, RJR ultimately pulled that campaign because it targeted the youth.

Proctor testified that RJR never stopped delivering its messaging – postulating doubts as to the legitimacy of the causal link between smoking and cancer. For example, a 1984 ad contained the words, “Can we have an open debate about smoking?” This ad encompasses a page of texts, sowing seeds of doubt as to scientific findings, asking its buyers to “keep an open mind.”

On cross-examination, a lawyer for RJR nudged Proctor into admitting that Americans already knew the harm of cigarettes. Proctor responded that unfortunately, that not enough people knew of such dangers.

Proctor ended his testimony with the following sentiment, “I think that’s a good thing. Exposing that duplicity, that fraud, was important in all kinds of public health victories.”

To follow this case more closely: Rickman v. R.J. Reynolds, case number 19CV28636, in the Circuit Court of Multnomah County, Oregon.

Pharma Companies Looking Ahead to Novel Vaccine IP

Fri, 04 Dec 2020 15:56:00 GMT

Pharma Companies Looking Ahead to Novel Vaccine IP

On Behalf of Lurie|Strupinsky, LLP | Dec 4, 2020 | Firm News |

Over the past nine months, Moderna, Inc. and Pfizer Inc., have raced to find a cure for COVID-19 – the global pandemic that has plagued our world. Now, these two companies have created a cutting-edge vaccine using mRNA technology, in record-breaking time, and both companies are looking to win broad patent protection for the future of mRNA vaccines.

As the pandemic continues, the companies are unlikely to enforce aggressively any mRNA patents that they may secure. However, these companies’ patents will give them market-control as competitors eye mRNA vaccine development for other treatments.

According to University of Illinois College of Law professor Jacob S. Sherkow, “[p]rior to the development of their vaccines, [mRNA] was a completely untested, unchartered mechanism of action for a vaccine, so it seems like Moderna and Pfizer are on track to get a bunch of pretty broad patents covering mRNA vaccines generally. Some of the intellectual property foundations that are being laid now are going to play an increasingly important role with respect to the development of vaccines in the future.”

Alston & Bird LLP partner Matthew W. Howell said that Section 101 of the Patent Act will not likely provide patent eligibility for the vaccine’s genetic code, but the delivery systems the companies are using should be.

**Vaccine delivery systems are generally particulate, e.g. emulsions, microparticles, iscoms and liposomes, and mainly function to target associated antigens into antigen presenting cells (APC), including macrophages and dendritic cells.

The companies are likely to cash out on these delivery systems in the long run, as any company hoping to use mRNA technology will probably need licenses from Moderna and Pfizer.

In the short term, Moderna’s patents face some uncertainty. As we blogged about in early September , two federal agencies are currently investigating whether Moderna’s patents featured proper funding disclosures. Additionally, Moderna recently lost a bid to invalidate an Arbutus Biopharma Corp. patent covering certain technology allegedly used in its vaccine, although it had previously won two other patent suits against Arbutus.

“I think that’s what Moderna is really concerned about — not what’s going on now, but further applications of the platform technology they’ve developed or co-developed,” said Saint Louis University School of Law professor Ana Santos Rutschman. “It’s the post-COVID landscape that we’re already looking at.”

HHS Launches Investigation into Moderna’s Patented Vaccines’ Funding Sources

Fri, 04 Dec 2020 15:55:00 GMT

HHS Launches Investigation into Moderna’s Patented Vaccines’ Funding Sources

On Behalf of Lurie|Strupinsky, LLP | Dec 4, 2020 | Legal Update |

REPOST OF BLOG FROM SEPTEMBER 2020 (lost in website changeover)

The Biomedical Advanced Research and Development Authority (BARDA) of the Department of Health and Human Services is investigating Moderna, Inc., a publicly traded biotechnology company.

Moderna is known for its drug development and vaccine technologies based exclusively on messenger RNA.

BARDA launches this probe to determine whether Moderna disclosed government funding in patent applications regarding the Zika vaccine and most recently, its candidacy for a COVID-19 vaccine.

The agency’s action follows Knowledge Ecology International’s (KEI), strong push for the agency to investigate Moderna. In a letter to the agency, KEI suggested that while BARDA originally supported Moderna’s Messenger RNA research, a review of the U.S. Securities and Exchange Commission filings and over 100 patent application demonstrates that Moderna did not disclose federal funding on any of their patents or applications.

BARDA’s acting director, Gary Disbrow, said in response to KEI’s letter, that “[t]he contracting officers responsible for the BARDA contracts with Moderna are reviewing the requirements to report the role of government-funding of inventions and identifying any Moderna patents or patent applications that may be associated with BARDA support.”

Compliance with the federal law requires that companies disclose any government funding to the U.S. Patent and Trademark Office (USPTO). According to KEI, the Bayh-Dole Act requires companies to disclose when government-funded research assisted in patented invention. If violated, the government could ascertain the patent’s rights.

BARDA is not the only agency looking into Moderna’s funding sources. On August 31, the Pentagon’s Defense Advanced Research Projects Agency said it was investigating whether Moderna accurately disclosed funding on its patent applications. This investigation followed KEI’s request that the defense agency investigate whether Moderna properly disclosed funds it received to develop messenger RNA vaccines for viral infections, including its potential COVID-19 vaccine.

Why does USPTO disclosures matter?

According to KEI Director James Love, Moderna’s use of its branded platform “somehow gives them legitimacy in charging higher prices for vaccines, compared to other companies.” These investigations could change Moderna’s story, giving the government “more freedom to share key inventions with other vaccine manufacturers” especially as the world races towards a vaccine for COVID-19.

Election 2020 Legal Update

Thu, 15 Oct 2020 14:10:00 GMT

2020 Election – Voting News Throughout the Country

In the most contentious presidential election year in American history, admits a global pandemic, voting is in the spotlight. Here is what you need to know:

Arizona

An Arizona District Court issued an order extending Arizona’s voter registration deadline to October 23 due to the impact of COVID-19. On October 2, two non-profit organizations sought an emergency motion against Arizona Secretary of State, Katie Hobbs, to extend the original October 5 deadline. Plaintiffs argued that if court enforced the October 5 deadline, it would burden their First and Fourteenth Amendment rights.

Hon. Steven Logan, U.S.D.J. granted a preliminary injunction, extending the registration deadline to October 23. Judge Logan found that Plaintiffs demonstrated a significant burden because voter registration dropped-off during the more restricted months of the pandemic. Because of the pandemic, the organizations could not reach the same quantity of voters as in a normal election year and Plaintiffs suffered the harm of not registering possibly tens of thousands of voters. Judge Logan stated, “a core tenet of democracy is to be ruled by a government that represents the population.” In a swing state, this injunction is critical for the voice of the American people to be heard.

New Jersey

Second, President Donald Trump’s reelection campaign lost its challenge to New Jersey’s remote voting plan due to the COVID-19 pandemic. A New Jersey district court ruled that federal election law does not prohibit officials from counting ballots before and after Election Day. The campaign argued that the rule violates the U.S. Constitution’s election clause setting a specific voting date and cites to Foster v. Love in which the U.S. Supreme Court held that an election may not be consummated before Election Day. Yet, Hon. Michael Shipp, U.S.D.J., disagreed in saying, “[c]anvassing ballots before Election Day does not consummate the election because that cannot occur before the polls close on Election Day and election officials run a final tabulation report.”

The judge subsequently rejected the campaign’s unsupported argument that New Jersey’s remote voting system is vulnerable to voter fraud. New Jersey’s Attorney General said in a statement, “[d]espite unprecedented conditions, New Jersey is committed to having fair and safe elections this November. We’re grateful that today a federal court recognized what we’ve said all along: New Jersey’s approach to this year’s election is lawful, and any arguments trying to undermine our election are simply misguided. We will continue to defend New Jersey’s elections rules against any court challenge.”

South Carolina

Third, the U.S. Supreme Court reinstated South Carolina’s witness requirement for mail-in ballots. A witness requirement means that all mail-in ballots must include a witness – a person with first-hand knowledge of an event that testifies to that knowledge – signature to be counted. But, importantly, the Court also ruled that South Carolina must still count ballots without signatures received prior to this decision.

The South Carolina Democratic Party challenged the witness requirement in district court as it increased the risk of persons with underlying medical conditions, the disabled, and racial and ethnic minorities to contract COVID-19. Yet, the Supreme Court stayed the district court’s injunction because 1) the court should defer public health and safety needs to the state and 2) the court should avoid altering election rules close to an election.

If you have are voting by mail, you must have a witness’s signature!

Iowa

Forth, an Iowa Judge blocks an order that barred counties from sending absentee ballots with applicants’ personal information already filled in. The Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee and the Iowa Democratic Party challenged this “Emergency Election Directive”, arguing that the Iowa Secretary of State, Paul Pate, did not have sufficient authority to issue such an order. The directive provided that the “County Auditors shall distribute only the blank Official State of Iowa Absentee Ballot Request Form.”

The Plaintiffs further argue that “if a registered voter submits an application on a sheet of paper no smaller than three by five inches in size that includes all of the information required in this section, the prescribed form is not required.” Iowa Code § 53.2(2)(a) (emphasis added). The Iowa judge said that the directive would cause substantial burden on plaintiffs, by forcing them to redirect their funds to educate voters and to mitigate the disproportionate impact on young and minority voters.New Paragraph