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Shapiro Gettinger Waldinger & Monteleone, LLP
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Resolving business disputes through arbitration
Check out this article about the benefits and drawbacks of using arbitration to resolve business disputes. Many business contracts nowadays include mandatory arbitration clauses which bind both parties to arbitration should a dispute arise. Arbitration is advantageous because it is usually cheaper and less time consuming than litigation. However, there are downsides to arbitration, such as the fact the decisions cannot be appealed and arbitrators do not enjoy the same power as judges to discover information.
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Non-competes face uncertain future in New York
Check out this article about non-compete agreements, particularly in New York. Such agreements have come under increased scrutiny in recent years due to their widespread use, especially for low-level employees. The New York Attorney General has pursued a number of cases against companies who abuse such agreements while New York City has proposed placing new restrictions on them.
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Supreme Court skeptical of whistleblower law
Check out this article about a current U.S. Supreme Court case that could have a significant impact on employment-related litigation involving public companies. The case involves an employee who alleges he was fired from his job after he complained to senior management about a supervisor’s alleged misconduct. That employee claims he is protected as a whistleblower under the Dodd-Frank Act, but the employer claims that that law only covers employees who bring their concerns directly to the SEC.
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Robert DeNiro asks for variance to rebuild home
Read an article about the request by Robert DeNiro of a local zoning board to grant him a variance to demolish and rebuild his seaside home in the Hamptons.
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When can you evict a tenant in New York?
Residents in New York who own residential property that they rent or lease out to others should click on this link now. This article will give you important information about what type of activities or situations may give you the legal right to start the process of eviction. Find out what is involved in legally evicting a tenant at each step in the process.
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Adverse possession: A misunderstood concept
Check out this article about adverse possession in New York. The legal concept of adverse possession allows one person to claim another person's property as their own if they have made open and notorious use of it for a certain amount of time. Many people misunderstand adverse possession as giving squatters property that isn't theirs, but the truth is that making an adverse possession claim is extremely difficult.
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New law toughens penalties for tenant harassment
Check out this article about how New York recently introduced new legislation that will make it much easier to bring criminal charges against landlords who harass tenants in rent-regulated units. Under current law, landlords can typically only be charged with tenant harassment if they physically harm tenants. Under the new law, simply making a unit unfit or uncomfortable to live in could lead to criminal charges and prison time.
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