Recently in Practice Tips & Helpers Category

New York State's Eviction Moratorium Has Expired--BS&K

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By: Collin M. Carr

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New York State--the state with the highest share of renters in the United States--allowed its eviction moratorium to expire on January 15. State officials enacted the Tenant Safe Harbor Act (TSHA) at the beginning of the COVID-19 pandemic and repeatedly extended it to the point where it became the second longest statewide moratorium in the nation. The National Equity Atlas estimates that approximately 591,000 households in New York State are behind on rent. Now that the moratorium has officially expired, many landlords who have been unable to evict holdover tenants or tenants for nonpayment of rent, and, as a result, have lost substantial amounts of rental income during the pandemic, are looking to once again exercise their rights that have been placed on hold for nearly two years.

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Why a Testator's Next of Kin Matters in Probate | New York Law Journal

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By Jeffrey M. Johnstone

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Even lawyers who do not practice in Surrogate's Court often do not understand why it is necessary in a probate proceeding to deal with people who are not named in a testator's will.

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One of the most influential groups helping set policy for New York's legal cannabis industry is led mostly by farmers with little prior political experience -- but with early success in representing small to mid-sized marijuana businesses, the group is punching above its weight.

The New York Cannabis Growers and Processors Associationconsisted of five people and one paid lobbyist when it formed about three years ago. Today, the association stands at about 250 members, according to the group, and its board members point to several accomplishments within the state's cannabis legalization law as evidence of its increasing clout in Albany.


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Andrew Denney More from This Author

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ith COVID-19 cases surging in courthouses across New York, the association representing state Supreme Court justices is calling on officials to put the brakes on plans to move forward with in-person trials.

According to daily reports from the court system, a growing number of employees from courthouses in seemingly every corner of the state have reported that they have caught the bug over the last few weeks, with dozens more being posted each day. 


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COVID cases surge in NYC courts - New York Daily News

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In New York City's courthouses, omicron is so out of control that arraignments have turned into a hot zone where anyone present receives a COVID-19 exposure alert, public defenders said Wednesday.

"Everyone who is entering these spaces is getting sick," Legal Aid Society union president Lisa Ohta said at a virtual press conference.



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Marijuana Opt-Out Tracker | Rockefeller Institute of Government

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View which municipalities have made the decision to opt out of adult-use marijuana dispensaries and/or on-site consumption lounges in their jurisdiction. NOTE: While this dashboard is updated regularly it does not represent real-time, official information on municipalities' opt-out decisions.

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Top 5 legal technology news stories of 2021--ABA Journal

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BY NICOLE BLACK

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In other words, if nothing else, 2021 was an eventful year. Identifying the top five legal technology news stories of the year wasn't easy, but the common thread of remote work and its effects filtered through the newsworthy items that made the list.

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IRS Provides Long-Awaited Formal Guidance on 501(c)(3) LLCs--BS&K

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Under Notice 2021-56, the IRS indicates that it will issue a favorable 501(c)(3) determination letter to an LLC if, in addition to satisfying the general requirements of 501(c)(3), it satisfies the following requirements in both its articles of organization and operating agreement:

Inclusion of provisions requiring that each member of the LLC be either (i) an organization described in Code Section 501(c)(3) or (ii) a governmental unit (or wholly-owned instrumentality of such a governmental unit). 
Inclusion of express charitable purposes and charitable dissolution provisions in compliance with Treasury Regulation Section 1.501(c)(3)-1(b)(1) and (4).
If the LLC is a private foundation, inclusion of the express Chapter 42 compliance provisions described in Code Section 508(e)(1).
Establishment of an acceptable contingency plan in the event that one or more members cease to be Code Section 501(c)(3) organizations or governmental units.
Representation that all provisions in its articles of organization and operating agreement are consistent with applicable state LLC law and are legally enforceable.
Importantly, this new guidance does not impact LLCs currently recognized as described in Code Section 501(c)(3).
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Ben Samuels
Washington



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WASHINGTON - Democratic lawmakers urged the Biden administration to take further action against Israeli spyware firm NSO Group, days after the company was blacklisted alongside fellow Israeli spyware firm Candiru.

The two companies were added on November 3 to the "Entity List" of foreign companies engaging in malicious cyber activities contrary to the United States' national security or foreign policy interests.

A group of Democrats in the House, Tom Malinowski, Katie Porter, Joaquin Castro, and Anna Eshoo, who led the push for the administration to act against NSO following investigative reporting into its Pegasus spyware, praised the administration for blacklisting the firms as a victory for human rights in their joint statement.

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A new blueprint for solo and small firm lawyers to best navigate times of crisis has been issued by the New York State Bar Association's Emergency Task Force for Solo and Small Firm Practitioners.

The task force's review of the impact of COVID-19 on solo and small-firm practitioners found that the pandemic exponentially increased day-to-day stresses on the operations of law firms, especially solo and small firm practices.

"No part of society escaped COVID's reach, including New York's legal system. Lasting changes will occur," said NYSBA President T. Andrew Brown, of Rochester (Brown Hutchinson). "This timely report expertly details how solo and small firm practitioners can navigate a crisis and continue to serve clients."

Created in March 2020 by Past President Hank Greenberg (Greenberg Traurig), the task force's mandate was to comprehensively examine the effects of the COVID-19 crisis on all aspects of solo and small firm practices, and to make meaningful recommendations as to how solo and small firm practitioners can maintain their practices in times of crisis.

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Many people mistakenly assume that Social Security is a fairly cut-and-dry proposition. You turn 62 - you get your long-awaited Social Security benefits. Right?

Well, it is not that straight-forward.

It is actually a very complex system that is best navigated under the guidance of a professional who knows something about the more than 8,000 different ways to claim Social Security.

As they say, the devil is in the details.

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Sign up for a wide range of free, up-to-date information from the NYS Office of Cannabis Management.

Area of interest:
 
 
 
 
 
 
 
 

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FAQ--ADULT USE CANNABIS AND THE WORKPLACE New York Labor Law 201-D...NYSDOL

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This document is intended to address some of the
most common situations or questions in the workplace related to adult-use cannabis and the Marijuana Regulation and Taxation Act ("MRTA"). This document does not address the medical use of cannabis. For further assistance with New York Labor Law and the MRTA, please visit New York State's Office of Cannabis Management's website at cannabis.ny.gov or consult with an appropriate professional.

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COVID-19 Relief Program Tracker | Office of the New York State Comptroller

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The Office of the State Comptroller has created this dashboard to track federal relief funds received during the pandemic and eight programs that offer targeted assistance to New Yorkers most severely impacted by the COVID-19 pandemic. 

The tracker explains when each funding stream or program was authorized, how it is designed and how much has been received and spent to date. The data will be updated monthly and will be expanded over time as more information becomes available. We hope the information presented here can be used to help New Yorkers understand how federal aid is used and to inform future conversations about budget investments.

Select a relief program to view its funding and spending, or download this month's data for all programs...

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Starting Oct. 28, a new $67 user fee will apply to any estate that requests a closing letter for its federal estate tax return. The IRS also continues to remind executors about the availability of the free transcript option. The new user fee was authorized under final regulations, TD 9957, now available in the Federal Register. Closing letter requests must be made using Pay.gov. The IRS will provide further procedural details before the user fee goes into effect.

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Marijuana is now legal in New York, but that doesn't mean you can smoke it everywhere.

Here's a look at some of the rules on where you can and can't smoke in the state.

Generally, anywhere you're not allowed to smoke a cigarette, you're also not allowed to smoke a joint.

That includes a host of places where smoking is banned under New York's Clean Indoor Air Act:

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Is Going to the Office a Broken Way of Working? | The New Yorker

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Earlier this month, a technology entrepreneur named Chris Herd posted a thread on Twitter. "I spoke to 10 x Billion $ companies who canceled return to the office due to the delta variant," he began. "A few predictions on what else is going to happen." His first salvo was titled "Office Death," and claimed that "by the time people can return to the office a lot of companies will no longer have space to return to." His next prediction was about "City Flight." He stated that workers would continue to flee cities and would quit if their employers forced them back into urban offices. The thread continued with sixteen more tweets.

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This FREE webinar with Peggy Hoyt of Hoyt & Bryan, LLC provides a look at how to plan your estate for the people, companion animals, and causes that you love.

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Mortgage News Daily--Thomson Reuters

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Mortgage News Daily-Thomson-Reuters

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Everything you ever  wanted to know about mortgage rates and news of the mortgage markets.  MBS and Treasury data provided by Thomson Reuters.

Mortgage News Daily and MBS Live! are exclusive re-distributors of Real Time Thomson Reuters Mortgage Information.

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Form 8936: Plug-in Electric Drive Motor Vehicle Credit--Investopedia

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The Internal Revenue Service (IRS) offers tax credits to owners and manufacturers of certain plug-in electric drive motor vehicles, including passenger vehicles, light trucks, and two-wheeled vehicles. Taxpayers who own vehicles that qualify may file Form 8936 with their income taxes to claim the tax credit.

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