The New York Law Blog by Hayes & Simon, P.C. | Int'l Law Firm
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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
Finding the right attorney for your business needs has become critical as New York’s shift into economic recovery gathers momentum. A recent case of a Long Island woman posing as an Immigration Lawyer highlights the importance of doing your due diligence. The Nassau County District Attorney’s office announced that they
Chief Judge Janet DiFiore, through a video posted in New York court website on 22 March 2021, announced that jury trials for both criminal and civil cases will resume this week throughout the state. The jury trial was suspended last November 2020 in an effort to further curtail the outbreak
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
A statute of limitations is a law that sets out the maximum amount of time that a party involved in a dispute has to commence legal proceedings against an opposing party. The limitation periods vary by jurisdiction and are applicable in civil and criminal cases. One major issue not addressed
In a press conference in January of 2021, New York Governor Andrew Cuomo stated that “if there’s any fraud in the distribution. You’re letting people get ahead of other people or selling the vaccine – you’ll lose license. But I do believe it should be criminal, and I’m going to
If you or your business is a victim of trademark infringement, copyright infringement, harassment, breach of contract or another harm, in many cases, a cease & desist letter drafted and sent by a law firm can help in resolving the matter in an amicable manner and with little cost. We
The Donnelly Act, which is New York’s main antitrust law, was written in 1899 and codified in §340-§347 of New York’s General Business Law. It is time for this act to be updated. Anti-trust/Competition Law in New York has not kept up with the times. Prohibited Acts under New York’s
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In all cases, where you are accused of a crime in New York that may lead to a sentence of time in a New York jail deportation (“crime of moral turpitude”) from the United States or may harm your future – hire, quickly, an experienced and proactive NY defense attorney.
The Trump administration filed, recently, a brief challenging the perennially controversial NY Gun Law. The brief filed by the Trump administration argued that NY Gun Laws created by the NYPD known as the “transport ban” is unconstitutional, alleging that it contradicts the Second Amendment rights to “keep and bear arms.”
The Supreme Court determined in RJR Nabisco v. European Community that the Racketeer Influenced and Corrupt Organizations Act (RICO) — a statute created to fight organized crime across the country, can be applied to prosecute criminal acts outside of the United States and, in some cases, even create a private right of
Everyday, New York small businesses are served with lawsuits that could have been avoided had they implemented some simple practices that help avoid the court room. On average, a business with revenues of $1 million per year will spend about 2%, or about $20,000, per year in legal fees. That
NY Small businesses that sell electronic smoking devices like vape pens and e-cigarettes will now have to treat them as “tobacco products” thanks to new FDA regulations intended to crack down on underage sales of these items. This week, a earlier ruling from the U.S. Food and Drug Administration (FDA)
The Second Circuit in New York recently handed down a ruling that emails held in servers overseas are not subject to a warrant issued in the United States. Judge Susan Carney ruled that the government cannot use a domestic search warrant to compel disclosure of email data stored with a U.S.
Fraud comes in different forms in New York, which recognizes both common law fraud and statutory fraudulent behavior. In business, as in life, people are not always as reputable and they appear. Unfortunately, there are less than scrupulous business actors who will resort to fraudulent misrepresentations to gain what you have
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