Breaking the Deadlock: Litigating Dissolution and Buyout in the 50/50 LLC
Peter A. Mahler and Franklin C. McRoberts will be presenting on the CLE “Breaking the Deadlock: Litigating Dissolution and Buyout in the 50/50…
2292 Results
Fed Rate Hike Has Serious Long-Term Implications for CRE
Real Estate partner, David Curry, was recently quoted in GlobeSt.com‘s article “Fed Rate Hike Has Serious Long-Term Implications for CRE” following the Federal…
Practice AreasCommercial LitigationHealthcare
Practice AreasTaxCorporate
Commercial Industrial Brokers Society of Long Island (CIBS) – 2026 State of the Market
Peter L. Curry will be a moderator at the Commercial Industrial Brokers Society of Long Island (CIBS) – 2026 State of the Market….
NYSBA Bridging the Gap – Disposition of Human Remains in New York
Robert M. Harper will be presenting at The New York State Bar Association Bridging the Gap program. Robert will present “Disposition of Human…
I’m a word person. One of the reasons I like reading e-books is any time I come across a word that’s new to…
General Municipal Law § 239-m: Developers Beware
A multi-million-dollar development project which relies on site plans approved by a municipal board months prior is ready to break ground. However, the…
The Unexpected Tax Consequences of Ending a QTIP Trust Early
Qualified terminable interest property (“QTIP”) trusts are a familiar estate-planning tool. Under a QTIP trust, a spouse receives the benefit of trust assets…
Donating highly appreciated assets can offer significant tax benefits for philanthropic clients, but the rules surrounding different types of charitable gifts can be…
Estate Litigation partner Robert M. Harper was recently featured on the Bloomberg Law podcast episode “Lindsay Clancy Jury Deadlocked & California Slayer Law.”…
Do Contingency Fee Law Firm Partnership Breakups Take the Prize for Most Difficult to Resolve?
Paraphrasing Mark Twain, reports of the humble partnership’s demise are greatly exaggerated. More than three decades ago, when New York enacted the Limited…
On August 13, 2026, New York City Council Member Pierina Sanchez introduced Intro. 1015-2026, legislation authorizing an expanded version of NYC’s J-51 property…
For claims to recover money due on an instrument, CPLR 3213 can provide a faster path to judgment than a plenary action—but only…
Let’s Talk (Again) About the Implied Covenant of Good Faith and Fair Dealing in Owners Agreements
The implied covenant of good faith and fair dealing is a useful doctrine in business divorce litigation, particularly where more conventional fiduciary-duty theories…
“You Waived What?”: Delaware’s LLC/Corporate Inspection Rights Divide
There’s a simple truth in Delaware entity law: LLCs and corporations operate on fundamentally different philosophies. Nowhere is that contrast sharper than when…
Farrell Fritz is proud to be a sponsor at the SIOR New York City and Downstate Chapter’s Real Estate Symposium. Land Use &…
Farrell Fritz proudly congratulates Brian P. Corrigan on being named Lawyer of the Year for Litigation – Trusts and Estates in New York…
Nick Reiner stands accused, but not convicted, of killing his parents, Rob and Michele Reiner (Carly Thomas, “Nick Reiner Blocked from Trust Fund…
An LLC Masquerading as a Partnership
The outcome of business divorce cases often depends upon whether a litigant is an owner of the business entity. Less often, the outcome…
Article 81 Guardianships: What Every Court-Appointee Needs to Know
Bret Cahn will be presenting at the New York State Bar Association CLE “Article 81 Guardianships: What Every Court-Appointee Needs to Know.” Designed…
On July 8, 2026, the IRS announced a significant change to the way it administers penalty relief for compliant taxpayers.[1] The agency’s new…
Farrell Fritz is pleased to announce that 26 of our attorneys have been included in the 2027 edition of The Best Lawyers in…
Patrick T. Collins Featured in Inc. on Rebel Creamery’s Bankruptcy Filing
Rebel Creamery, the keto ice cream brand sold at major retailers recently filed for Chapter 11 bankruptcy following a $23.8 million judgment in…
The Hidden Risks of AI-Generated Due Diligence
If you’ve closed a deal in the past year, there’s a good chance your outside counsel, your counterparty’s advisors or maybe your own…
Welcome to this 16th annual edition of Summer Shorts. This year’s edition features brief commentary on a trio of recent decisions by New York…
Long Island School Districts Face Scrutiny Over Excess Cash Reserves
Newsday reports that 12 Long Island school districts held unrestricted cash reserves above the New York State legal limit during the 2025-26 school…
As my colleague, Serene Carino, recently blogged, the Commercial Division Advisory Council has proposed a rule requiring accurate pinpoint citations in all Commercial…
Colleen Spain Appointed to EAC Network Board of Directors
Farrell Fritz is pleased to announce to announce the recent appointment of Colleen Spain to the EAC Network Board of Directors. EAC Network…
Practice AreasCommercial LitigationHealthcareNew York State Regulatory & Government Relations
Let’s say you are a minority interest holder facing a squeeze-out merger. If someone else controls the process, the price, and the paperwork,…
On July 1, 2026, New York City’s new pied-à-terre tax (officially, the “Surcharge on Property That Does Not Serve as a Primary Residence”)…
Sharper Briefs, Smarter Discovery: Two Proposed Commercial Division Rule Changes
The Commercial Division Advisory Council has released two proposed rule amendments for public comment — one requiring greater transparency in discovery cost-shifting requests,…
Understanding Medical Aid in Dying (MAID) within the End-of-Life Continuum of Care
Cheryl A. Kraus will be moderating and speaking on the CLE panel “Understanding Medical Aid in Dying (MAID) within the End-of-Life Continuum of…
John C. Armentano Installed to Breakthrough T1D (formerly JDRF) Long Island Board
Farrell Fritz is pleased to announce that John C. Armentano has been appointed to the Long Island Board of Breakthrough T1D (formerly the…
New York City Bar Association Summer Series: Careers in Trusts and Estates
Bret Cahn will be a speaker at the New York City Bar Association’s Summer Series program “Careers in Trusts and Estates.” Trusts and…
“Knowing” and “Intentional” Defalcation Yields Goliath Punitive Damages Award
This week, drawing inspiration from Peter Mahler’s annual Summer Shorts series of articles, we’ll feature a relatively pithy summary of an impressive post-trial…
Representing the Company, Advising the Founder: The Conflict That Cost Cooley $25 Million
If you are company counsel advising an early-stage startup, the recent judgment in Gregg v. Cooley LLP should give you pause. On July…
Practice AreasCommercial LitigationLabor & Employment
Data Center Zoning Fights Are Won Through Engagement, Not Fiat
Across the U.S., New York State, and the New York City metropolitan area, proposals to build data centers that power the artificial intelligence…
Brooklyn Cases Test the Procedural Boundaries of Shareholder Oppression
Shareholder oppression is a claim that minority owners make almost instinctively when a closely held business relationship breaks down. That instinct feeds a…
How far can a CEO go in diverting a company’s most valuable assets to entities controlled by his spouse before the courts call…
This spring, New York courts made key rulings on estate matters: the Appellate Division reversed a summary judgment in Gennarelli, citing triable issues…
Rising to the Challenge: A Balancing Act of Caregiving Leaders of the Sandwich Generation
Yi W. Stewart will be moderating on the panel “Rising to the Challenge: A Balancing Act of Caregiving Leaders of the Sandwich Generation”…
Expect Scrutiny: Estate and Gift Tax Examinations in Focus
Although IRS enforcement efforts have evolved, estate and gift tax examinations remain an area of focus, particularly for high value estates and sophisticated…
Alon Y. Kapen in Newsweek on the States Suing to Stop Paramount Merger with Warner Bros.
A dozen states, led by California Attorney General Rob Bonta, have filed a lawsuit seeking to delay and prevent Paramount’s blockbuster merger with…
Representing Clients With Diminished Capacity: Top Dos and Don’ts
Estate Litigation partner Robert M. Harper will be a speaker at the National Business Institute (NBI) CLE “Representing Clients With Diminished Capacity: Top…
Co-Director Removal and the Business Judgment Rule
Last week, Becky Baek wrote a fine piece about LLC manager removal. Her case, Homapour v 3M Props., LLC, (___ AD3d ___, 2026…
If you’ve spent any time around startup equity, you’ve probably heard someone describe the standard 90-day post-termination exercise window as a “trap for…
Pied-à-Terre Tax Surcharge Creates New Planning Considerations for Luxury NYC Property Owners
The New York State Legislature recently enacted the Pied‑à‑Terre Tax (PAT) Surcharge, introducing a significant, additional annual real estate tax on certain high-value…
Some business divorce cases are about money. Others are about control. Today’s case, Homapour v 3M Properties LLC, 2026 NY Slip Op 04371…
NYC Office Conversions Face Scrutiny After Pfizer HQ Incident
Buckling columns at the former Pfizer headquarters this week forced evacuations across seven Midtown East blocks. The incident raises new questions about the…
IRS Hands “Trump Account” Donors a Gift Tax Break: A Look at Rev. Proc. 2026-25
If you have been wondering whether contributing to a child’s new “Trump account” could saddle you with a gift tax return, the IRS…
What Every Inventor Needs to Know Before Saying Yes to Investors
Emerging Companies & Venture Capital Partner, Alon Y. Kapen, was a guest on the National Inventor Club’s monthly meeting with Brian Fried, discussing…
SpaceX IPO Governance: Why Elon Musk’s Control Could Become a Bigger Investor Issue
The initial public offering (IPO) of SpaceX occurred last month and the buzz surrounding the IPO has focused mostly on the company’s massive…
Here we go again. My last outing on this blog analyzed a dispute over the consequences of a limited partner’s failure to meet…
Press Your Luck, Pay the Bill: When Refusing to Drop a Doomed Claim Becomes Sanctionable
When does a litigant’s persistence (and perhaps, stubbornness) cross the line into sanctionable conduct? That is the question at the heart of Cortlandt…
Multigenerational Intrafamily Business Dispute Defeated for Lack of Standing
Nothing on earth is more effective at dividing family than money. At New York Business Divorce, we’ve encountered almost every manner of money-driven…
Beyond the Pitch Deck: A Legal Guide to Investor-Side Due Diligence
Having counseled investors through dozens of venture transactions in New York and beyond, I can say with confidence that due diligence isn’t a…
A New Wave of Taxation on Second Homes
In addition to regular property taxes, state and local governments around the country are increasingly looking to second homes as suitable candidates for…
Spoliation sanctions in the Commercial Division exist on a spectrum—from cost-shifting and adverse inferences to the ultimate sanction of striking a pleading. But…
AI In the Workplace: New York Legal Risk and Compliance
Labor and Employment partner, Irene A. Zoupaniotis, will be a speaker at the Long Island City Partnership webinar “LICP Talks Labor & Employment: AI…
The Derivative Claim and the Majority Approval Trap
Can an LLC operating agreement strip a minority member of the right to sue derivatively—simply by requiring majority approval before anyone commences litigation…
On June 5, the Department of the Treasury and the Internal Revenue Service announced via Notice 2026-36 their intent to issue proposed regulations…
Adduced! Ensuring the Record in CPLR Article 78 Proceedings
A special proceeding pursuant to New York Civil Practice Law and Rules (“CPLR”) Article 78, specifically Section 7803(3), is the vehicle for challenging…
What’s the Purpose of Your LLC?
New York LLCs without operating agreements are as common as noodles in Naples. Most function just fine without one. Their members just rely…
Laura K. Fallick Recognized in the Long Island Business News 2026 Emerging Leaders Under 30 List
We are proud to congratulate Laura K. Fallick on being named to Long Island Business News’ 2026 Emerging Leaders Under 30. Selected by…
What Every Inventor Needs to Know Before Saying Yes to Investors
Farrell Fritz partner Alon Kapen will be joining Brian Fried of the National Inventor Club for the webinar “What Every Inventor Needs to…
Entrepreneurial Grief: The Anatomy of Start-up Failure”
Entrepreneurship offers big opportunities but also significant risk. Emerging Companies & Venture Capital Partner Josh Kalish was recently quoted in the Financier Worldwide…
Farrell Fritz Helps to Secure Victory for Policyholders in $102 Million Insurance Coverage Dispute
On June 4th, 2026 Farrell Fritz Commercial Litigation partner, Frank McRoberts, alongside associate, James Maguire, secured a winning judgment for policyholders issued by…
Lessons on the Art of Drafting Capital Call Provisions
It’s no accident this blog has featured dozens of posts involving disputed capital calls. It’s a common scenario in the world of closely…
Last fall, I blogged about the challenges of overturning an arbitrator’s award (check out that post here). That case illustrated the difficulties of…
Bisnow – Long Island Real Estate Conference
Michael P. Guerriero will be a moderator on the panel “Keys to Securing Approvals, Entitlements and Delivering Developments” at the Bisnow Long Island…
Majority of Westchester Property Owners Face June 16, 2026 Tax Appeal Deadline
The deadline to challenge property tax assessments for the 2026 tax year for the majority of Westchester County taxpayers is rapidly approaching on…
Navigating Ethical Issues in Surrogate’s Court
Bret Cahn will serve as a speaker at the New York State Bar Association CLE program, “Navigating Ethical Issues in Surrogate’s Court.” The…
Tax Partner, Not True Partner: The Limits of K-1s in Business Divorce Litigation
The Schedule K-1 is a tax form that pass-through entities use to report each owner’s share of the entity’s income, deductions, credits, and…
Bret Cahn will be presenting at the New York City Bar Association CLE “Defensive Estate Planning.” This program will offer practical guidance on…
Practice AreasLand Use & Municipal
Southampton’s Residential Dock Ban Tests Its Authority Over Bay Bottoms
John Armentano examines Southampton’s new residential dock ban in the Peconic Bays, exploring whether the town’s environmental justifications can legally outweigh waterfront property owners’ longstanding rights.
Avigail Goldglancz Quoted in U.S. News on Navigating the Loss of a Spouse
Not only is the death of a spouse devastating, but it also leaves a long list of tasks to complete. Farrell Fritz partner…
Civil RICO’s Losing Streak Continues in the Commercial Division
As noted in the title, civil RICO claims are on such a bad losing streak at the pleading stage in the Commercial Division…
A recent decision from the New York County Commercial Division reminds litigants that even under New York’s liberal discovery standards, sensitive business information…
A Wrong in Search of a Remedy: Promissory Estoppel
Peter Sluka wrote a month ago about Matter of Lin v Sun ___ AD3d ___ (2026 NY Slip Op 02065 [1st Dept Apr….
When Stockholders Come Knocking: Defending Against Section 220 Demands in Delaware
If you’re on the management team of a Delaware corporation or serve as general counsel to one, it’s only a matter of time…
Labor and Employment partner Irene A. Zoupaniotis will be a panelist at the Queens County Bar Association CLE “Protecting Your Client’s Business When…
New Bill Proposes Annual Withholding Tax on Trusts with Assets Exceeding $50M
On May 12, 2026, a Bill entitled the “Fair Trusts for Fiscal Responsibility Act” was introduced in the Senate by Sen. Patty Murray…
Business Succession Planning…Be Prepared
For many business owners, succession planning is easy to put off, until it’s too late. Whether you’re considering a transition to family or key employees, or positioning your company for a third-party sale, preparation is critical to preserving value and ensuring a smooth exit. From identifying successors and structuring ownership transfers to getting your financials and corporate records in order, a successful transition requires thoughtful, long-term planning. The reality is simple: succession is not a single event, but a process and the earlier you start, the more options and control you’ll have when the time comes to step away.
Bloomberg News: Anthropic Sends Jolt Through Market for Buying Shares in Hot Pre-IPO Startups
Farrell Fritz partner Alon Kapen was recently quoted in a Bloomberg News article examining the growing scrutiny surrounding private market investments in leading…
After a person passes away, a decedent’s survivors oftentimes attempt to access the decedent’s electronic communications. Whether motivated by mere curiosity or a desire to better understand the circumstances that led to a decedent’s death, decedents’ survivors have not had much success in accessing the content of decedents’ electronic communications since New York enacted digital assets legislation in 2016. Recently, however, two Surrogate’s Courts have granted applications for access to the content of decedents’ electronic communications.
Some of the most interesting cases we post about on this blog are, of course, the ones where there is more than meets…
Failure to file IRS Form 3520 Reasonable Cause Penalty Relief
A recent federal court decision, Huang v. United States,[1] offers important guidance for U.S. persons who have received large gifts from foreign persons,…
US Workers Displaced by AI Have Limited Legal Options to Fight It
As businesses race to implement the most advanced AI tools, a split is emerging over how to tackle one of the most pressing…
Earlier this month, commercial litigators and judges from across New York headed to the Sagamore Resort on Lake George for the NYSBA Commercial…
With cold winter days a distant memory, Spring brings with it a multitude of decisions from courts throughout the State addressed to issues…
This week, we take a break from our regular coverage of recent developments in business divorce caselaw in favor of a more enduring,…
Farrell Fritz partners, Peter L. Curry, Michael L. Webb, and Dave Curry will be attending the 2026 NYSEDC Annual Meeting in Cooperstown, NY.
Huntington’s Proposed PILOT “Offset” Policy Risks Undermining the Town’s Own Development Goals
The Town of Huntington is reportedly considering a policy that would require developers receiving Payment in Lieu of Taxes (“PILOT”) benefits to make additional contributions intended to offset perceived impacts on taxpayers, schools, and infrastructure. As reported by Newsday, the proposal reflects rising scrutiny of tax incentives tied to major development projects
Technical Difficulties Aren’t Enough: A Lesson from the Commercial Division
Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will…
Becky Baek Named to City & State’s 2026 Asian Trailblazers List for Second Consecutive Year
Farrell Fritz, P.C. is proud to announce that partner Becky Baek has been recognized by City & State New York in its 2026…