Happy Thanksgiving

From all of us at Hayes & Simon, P.C., we wish you a Happy Thanksgiving! And accept our sincere thanks for your loyalty throughout the year. [ABTM id=1137] For a no cost consultation, CONTACT US for an appointment. (c) Sean Hayes – IPG Legal. All Rights reserved.  Do not duplicate

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Coercion and Extortion Under New York’s Penal Law

Coercion and Extortion have similarities, but these crimes have distinct elements that make them unique under the New York Penal Law. Charges of extortion and coercion allege that a defendant has used the threat of property damage or force to compel another person to do something that they would have

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New York Amends NY Civil Practice Law to Conform with Uniform Foreign Country Money Judgments Act

New York Governor Cuomo signed into law on 11 June 2021 an amendment to Article 53 of New York Civil Practice Law and Rules to conform with the revised Uniform Foreign Country Money Judgments Act of 2005. The revision to the law is welcomed by many commentators and practitioners. The

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Temporary Protective Orders in New York Courts may be a Little Harder to Obtain.

In an article that appeared in The Davis Vanguard, obtaining a temporary protective order, in New York Courts, may have gotten a little harder. The NY case concerned a protective order that led to the homelessness of a mother and separation of the mother from her children. Worth a read.

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Due Process Rights of Federal Employees in Employment Matters: MSPB Basics

Federal employees facing proposed adverse action by a U.S. Government Agency employer retains their due process rights under the U.S. Constitution. The main pertinent rights, in most cases, include the Right to Notice and the Right to a Meaningful Opportunity to Reply. The writer of this article handles cases at

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How Long Does an Appeal to the MSPB Take: MSPB’s 120-Day Standard

How long does it take to get a holding at the MSPB. The MSPB has what is called the 120-day standard. This simply means that as a general rule, the Merit Systems Protection Board’s policy is to adjudicate all appeals within 120 days – except for good cause. If a

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Tort Damages in New York: Nominal, Compensatory & Punitive Damages Defined

A Tort is defined as “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability”. The victim of a tort, in New York, may obtain three different types of damages for the action of the tortfeasor. The

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Trademark Registration and Remedies for Infringement of Trademarks in New York

Trademark, in general, is defined as “any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person” from those used by others. Trademark may be registered trademarks or unregistered trademarks. For registered trademark, Section 360, Article 24 of

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Whistleblower Protection in New York York: Expansion of Protection for Whistleblowers in New York

In our previous article on whistleblowers in NY we mentioned that “If an employee is fired for reporting a violation of law which creates and presents a specific danger to public health or safety, or is fired for refusing to participate in such an activity, then the employer may be

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New York City’s Debt Collection Law

In New York City, residents are protected from “harassment” by debt collection agencies under New York Consumer Protection Law. And the Department of Consumer Affairs (DCA) is the main agency that handles complaints related to debt collection issues. DCA also ensures that New York residents are protected from abusive practices

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Terminating an Employee in NYC: NYC “Just Cause” Dismissal Basics

Two laws expanded protections for fast food workers in New York City were signed into law by New York City Mayor Bill de Blasio on January 5, 2021. The laws must be understood by all employers hiring employees in NY. We suggest consulting with an attorney and creating a HR

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Singapore International Arbitration Centre in New York

The Singapore International Arbitration Centre (SIAC) officially opened its office in New York on December 3, 2020. This is the first representative office of SIAC outside Asia. Adriana Uson, who served as Counsel for SIAC Secretariat for many years, will be leading the SIAC office in New York. The opening

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The Halal Guys is suing The Halal Girls for Trademark Infringement in New York

The Halal Guys, a fast casual halal restaurant established in New York City in 1990, filed a lawsuit for trademark infringement against The Halal Girls, in Eastern District Court of New York, on March 2, 2021. The Halal Guys accused The Halal Girls of undermining the former’s brand and causing

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MSPB’s New FAQ on Impact of Lack of Board Members

The Merit System Protection Board (MSPB) recently published on its website a new FAQ on the impact of the lack of MSPB board members. That the MSPB has been operating without a quorum for well over four years has been widely debated, discussed and criticized. There is currently a backlog

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New York to Chase “Fraudulent” Cryptocurrency Companies

In a press release on 01 March 2021, Attorney General Letitia James emphasized a clear message to cryptocurrency industry especially to cryptocurrency companies stating “play by the rules or we will shut you down.” This pronouncement is in pursuance of NY governments stated goal to curtail the operations of fraudulent

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Fraud Cases in New York Increased Exponentially during the Covid-19 Pandemic

Last year, many New Yorkers experienced hardships as the numbers of Covid-19 cases grew in rapid numbers. Multiple restrictions were placed on the City, businesses were shut-down and many lost their jobs. And because of these economic difficulties, certain criminal activities have also seen a sharp increase. One of the

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Filing an Appeal to the MSPB

An appeal to the Merit Systems Protection Board (“MSPB”) may be filed at: MSPB. The MSPB has an online filing system that allows an appellant to file the entire appeal online. The MSPB, in short, is an administrative agency tasked with resolving disputes between government agencies and employees of U.S.

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Removal From Federal Government Service: What Should I Do Next?

In many cases, a Notice of Proposed Removal leading to a Removal Notification should be challenged by a federal government employee. A successful challenge can lead to, among other things, reinstatement and monetary damages. We suggest, if you have not, yet, responded to the Notice of Proposed Removal that you

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How to Choose the Right Structure for your New York Business

While starting a business is one of the most exciting chapters of your life, it’s important to focus on the right structure for your New York business. The legal structure that you choose for your business will have implications on your taxes, personal liability, and the opportunities to raise capital.  

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Department of Justice Dropped Discrimination Case against Yale University

The Department of Justice on February 3, 2021 dropped the discrimination case pending in a district court in Connecticut against Yale University. We shall write more about this matter in the near future. This decision to dismiss the lawsuit is a reversal from the last year’s legal stand made by

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