Law Office of Yuriy Moshes Blog

Law Office of Yuriy Moshes Blog

Law Office of Yuriy Moshes P.C. blog is a law firm blog for up to date content. Check back here often for news, legal developments and tips. We look forward to hearing from you and thanks for reading our blog. We welcome suggestions on topics you would like featured in the blog. Whether you are another lawyer, a current or past client, we look forward to a nice dialogue about today’s legal trends. We aim to update our blog on a weekly basis, and check out our Facebook page for legal tips of the day.

We specialize in the subjects of real estate, foreclosure defense, personal injury, labor and employment matters and civil litigation. Please see our posts related to these topics.

sexual harassment lawyers
01Nov

Advice for the Everyday Victim of Workplace Sexual Harassment

Recent Hollywood celebrity harassment stories related to Harvey Weinstein have hit the news, but the issue of workplace sexual harassment is not new.  Rather, workplace sexual harassment is quite common and happens on a daily basis.  Even President Donald Trump has been accused of workplace sexual harassment in the past.  Additionally, investigations by human resources departments into allegations of workplace sexual harassment are often either slow or non-probing. Rose McGowan has called out ...

wrongful termination lawyers NYC and NJ, employment lawyer NYC and NJ
19Oct

When a Termination is Illegal – A Brief History of Employee Legal Protections

Most people dread getting fired from their job. Termination carries so many negative consequences from a lack of immediate income to the possibility of long-term placement issues. Under the American system of employment law; however, a termination is not always illegal.  Not even close.  In fact, most of the time, firing an employee is perfectly lawful.  The American employment system is commonly known as at-will employment--in other words, any employee can quit for any reason and anyone can be ...

What Do You Need to Know About Buying or Selling a House Before Signing the Contract
10Oct

What Do You Need to Know About Buying or Selling a House Before Signing the Contract?

One of the most common questions for real estate lawyers from clients involves the following scenario: either “I want to sell my house” or “I want to buy a house,” but “how does it work?” Buying or selling a home can be one of the most stressful times in our lives, but also one of the most rewarding once the deal is completed. Having a signed contract for a brand new home can be one of the most uplifting experiences our clients have, especially if they are first time homebuyers. ...

Common Lawsuits Real Estate Agents Face. The Law Offices of Yuriy Moshes
07Oct

Common Lawsuits Real Estate Agents Face and How to Avoid Them (Part #2)

This article will be the second part (Part #1) in our brokerage litigation series discussing common lawsuits that real estate brokers and agents have filed against them on a regular basis. Brokers are pseudo-legal personalities who deal with contracts on a daily basis and often facilitate communications between their clients and attorneys. This unique position places them at risk for litigation from unhappy clients on a regular basis. Today’s topic is legal misrepresentation and fraud. Real e...

Common Lawsuits Real Estate Agents Face and How to Avoid Them (Part #1). The Law Offices of Yuriy Moshes
02Oct

Common Lawsuits Real Estate Agents Face and How to Avoid Them (Part #1)

This article will be the first part in our brokerage litigation series discussing common lawsuits that real estate brokers and agents have filed against them on a regular basis. Brokers are pseudo-legal personalities who deal with contracts on a daily basis and often facilitate communications between their clients and attorneys. This unique position places them at risk for litigation from unhappy clients on a regular basis. Today’s topic is agency. The question of agency is simple once the lega...

Termination, Earned Wages, and Severance Pay: What You Need to Know
14Aug

New York Federal Court Holds that Pre-Litigation FLSA Settlements Do Not Require Approval by the Court or DOL

In Gaughan v. Rubenstein, 2017 U.S. Dist. LEXIS 107042 (S.D.N.Y. July 11, 2017), the Southern District of New York held that a pre-litigation settlement agreement releasing an employer “from any and all claims and rights of any nature whatsoever” is fully enforceable even without being approved by a court or the Department of Labor (“DOL”). By way of background, Plaintiff worked as a paralegal for Defendant (an attorney) at the rate of $17.50 per hour, with overtime at $26.50 per hour. After ...

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11Aug

Final Rules and Regulations for the New York City Fair Chance Act

Even when an applicant with a criminal history has shown extensive rehabilitation efforts and good conduct since the offense in question, many employers still nonetheless discriminate against, and refuse to hire, applicants with criminal records. As such, in 2015, New York City enacted the Fair Chance Act (“FCA”), more commonly known as the “Ban the Box” law, and on August 5, 2017, the New York City Commission on Human Rights’ Final Rules and Regulations (“Rules”) for the FCA went into effect...

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27Jul

Southern District of New York Refuses to Enforce Restrictive Covenants Against Former Employees

The Southern District of New York recently denied Document Technologies, Inc.’s (“DTI”) motion for a preliminary injunction to enforce restrictive covenants against four former employees as well as against a competitor, LDiscovery, who hired the four former employees. See In re Document Techs. Litig., No. 17-cv-2405, 2017 U.S. Dist. LEXIS 104811 (S.D.N.Y. July 5, 2017). In this case, DTI alleged that the former employees (“Individual Defendants”) conspired with LDiscovery to misappropriate th...

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02May

New York Court Finds There is No Expectation of Privacy in Employer-Owned Email Account

In Peerenboom v. Marvel Entertainment, LLC, 2017 NY Slip Op 01981 (1st Dep’t March 16, 2017), the New York Appellate Division, First Department, held that an employee did not have a reasonable expectation of privacy in his employer-owned email account and, therefore, any emails exchanged with his personal attorney through this email system were not protected by attorney-client privilege. For the same reason, the First Department found that any emails exchanged with his wife through the same emai...

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02Mar

Second Circuit Holds that Pre-Litigation Offer of Reinstatement Should Not Have Been Admitted into Evidence in Pregnancy Discrimination Lawsuit

In Sheng v. M&TBank Corp., 2017 U.S. App. LEXIS 1912 (2d Cir. Feb. 2, 2017), the Second Circuit Court of Appeals held that the District Court erred in permitting the admission of an employer’s offer of reinstatement because the offer was, as a matter of law, not unconditional.  In this case, the plaintiff was working remotely in Los Angeles as Team Lead for the defendant’s New York office through the defendant’s Alternative Work Arrangement policy.  While working remotely, the pla...