Author: Mary Ann Zeolla

CLIENT ALERT: Landlord-Tenant Issues: Eviction Moratorium to be Extended

On May 7, 2020, Governor Cuomo announced that the prohibition on both residential and commercial evictions will be extended by sixty (60) days.

The initial moratorium on evictions that took effect on March 22, 2020 was imposed for ninety (90) days and was set to expire on June 20, 2020.  Recently however, the Governor has been under significant pressure from tenant advocacy groups to extend additional relief to tenants.  Phrases such as “tidal wave of evictions” have been used to describe what tenant advocacy groups see as a veritable sword of Damocles hanging over the heads of tenants who cannot, or do not, keep up with rent payments during the COVID-19 pandemic.  Conversely, most landlord advocacy groups have cautioned against drastic governmental actions that may endanger the ability of landlords to provide services to their tenants, many of those services being government mandated.  The moratorium on evictions will now expire on August 19, 2020.

Returning to Work: Reopening the Workplace in a COVID-19 World

Although the timing, scope, and conditions for New York businesses to reopen currently remain uncertain, there is no doubt that once Governor Cuomo rescinds Executive Order 202.8 (which ordered 100% on-site workforce reduction for all non-essential businesses in New York) all businesses that are able to do so will reopen. Moreover, it seems apparent that reopening will occur long before the general threat of COVID-19 infections has completely subsided. That being the case, employers across New York will be facing some significant new issues and challenges as they resume operations while taking steps necessary to protect the health and safety of their employees. This is a brief overview of what steps employers should consider taking now as they prepare to reopen their workplaces, and of information that is available to employers to assist them in doing so.

Client Alert: Unique Estate Planning Opportunities Available Now

Certain aspects of the current economic environment allow for unique planning opportunities that are not available during more usual times.  The following factors combine to present these unprecedented estate planning opportunities:

1. Historically High Gift/Estate Tax Exemptions. Generally speaking, transfers to your loved ones (other than a spouse) during your life or at your death are subject to federal gift or estate taxes.  All US citizens have an exemption from these taxes, which is now at an historically high $11,580,000.  Importantly, this exemption amount is currently scheduled to be reduced by approximately half on January 1, 2026.  However, a change in political control of the federal government prior to 2026 would also likely result in reductions of these historically high exemptions, or they may be reduced in order to raise revenue for the federal government.  This means that making large gifts at this time may be desirable to use the current historically high exemption before it is no longer available.
2. Historically Low Interest Rates. The Federal Reserve has reduced interest rates to essentially zero.  Certain trusts work very well in low interest rate environments as discussed in more detail below.
3. Reduced Asset Values. The value of many financial assets (such as marketable securities) have declined from their February 2020 highs.  Because gifts of these assets are taxed on their values at the time of the transfer, it is now cheaper to transfer assets with a currently reduced value than it was before the pandemic.

In this Client Alert, we list ten estate planning techniques you may wish to consider during the current environment.  Not every technique may be helpful for you.  Our firm’s Trusts and Estates attorneys can review your and your family’s particular situation to see if you can benefit from these techniques, as well as others not listed here.  Every estate plan we draft is custom-tailored to our clients’ unique needs and goals, which may have changed in light of the current pandemic.

The estate planning opportunities discussed below should be built upon a well-drafted basic estate plan, which includes a Will and/or a Revocable Trust, a Power of Attorney, Health Care Proxy and Living Will.    A previous Client Alert, which can be found here, reviews the importance of a basic estate plan and how it can be implemented even while social distancing is required.

Ten Estate Planning Opportunities to Consider Now:

1. Grantor Retained Annuity Trusts (“GRATs”). GRATs are structured so that the creator of the GRAT transfers assets to a trust and retains the right to receive payments back from the trust over the trust term.  If the assets transferred to the trust appreciate in value beyond the amount of the payments back to the creator and an interest rate set by the IRS (the “hurdle rate”), this appreciation passes to your beneficiaries free of transfer tax.  GRATs are particularly attractive now because in this low interest rate environment the hurdle rate is very low and the expected economic recovery may lead to significant appreciation of assets above their current values.  There is currently political opposition to GRATs, which means that GRATs could be significantly curtailed in the future if there is a change in political control of the federal government.  This suggests proceeding now if it makes sense for your current situation.
2. Spousal Lifetime Access Trusts (“SLATs”). In this time of economic uncertainty, it is understandable that losing the ability to access gifted assets may be undesirable.  For married clients, SLATs couple the advantages of making gifts at this time (i.e., using your gift tax exemption before it is reduced) while retaining the ability to indirectly access the assets transferred to the SLATs.  SLATs accomplish this by providing that your spouse is the beneficiary of the SLAT and can receive assets from the SLAT during your lifetime.  Your spouse can also create a SLAT for you, although the SLATs established by you and your spouse cannot have identical provisions.
3. Domestic Asset Protection Trusts (“DAPTs”). Another way to take advantage of making gifts now without losing control of those assets is by creating a DAPT.  DAPTs allow you to set up a trust for your own benefit, while protecting the assets in the trust from your creditors and taking advantage of gifting during this time.  DAPTs must be established in one of the 19 states that currently allow them (New York is not one of these states), but DAPTs can be established by residents of other states.  There are many variations of DAPTs that can be used to address your specific needs.
4. Life Insurance Trusts. Life insurance is included in your estate for estate tax purposes at the face value of the policy.  Creating a trust to own any life insurance you may have can remove this amount from your estate, which may be prudent planning at this time because the estate tax exemption amount will be coming down (as discussed above).  It is preferable to transfer existing policies to such a trust as soon as possible because existing policies transferred to trusts are included in your estate for the three years following the transfer.
5. Annual Exclusion Gifts. Current law allows you to make gifts of $15,000 ($30,000 if you are married and your spouse consents to the gifts) to as many people as you choose without reducing your lifetime gift/estate tax exemption.  Making these gifts now will allow your beneficiaries to purchase assets with depressed asset values and receive the benefit of the appreciation of those assets going forward.  You can also make gifts of assets with currently depressed values that you believe will appreciate.
6. Gifts of Closely Held Businesses. If you own a closely held business that has recently experienced a decline in sales, this may be the right time to make gifts of ownership in that business, because the gifts are valued at the time of transfer and the value of your business may be significantly reduced at this time.  Also, if there is a change in political control in Washington it is likely to bring about restrictions on planning opportunities for transfers of closely held businesses.
7. Low Interest Loans. The tax code generally requires you to charge a minimum amount of interest on a loan.  Because of the low interest rate environment, the minimum required interest rate on a loan is historically low.  Therefore, it may be a great time to make a loan to a loved one, who could purchase investment or personal assets (such as a home) while prices are reduced.  This technique also applies to “selling” assets to a trust in exchange for a promissory note.  This technique usually involves a specialized trust called an Intentionally Defective Grantor Trust.
8. Maximizing Use of the Current GST Tax Exemption. The current economic environment also offers planning opportunities with respect to the generation-skipping transfer tax (the “GST tax”).  The GST tax is a federal wealth transfer tax in addition to the gift/estate tax on transfers to grandchildren or other persons more than one generation below you. Like the federal gift/estate tax, the current GST tax exemption is currently historically high and is slated to be reduced in 2026, if not before for the reasons mentioned above.  If you currently have trusts set up, you may be able to use your GST tax exemption without transferring any additional assets.  Accordingly, it is a good time to provide for your grandchildren by creating what is commonly known as a Dynasty Trust.
9. Roth Conversions. Withdrawals from “traditional” retirement accounts are generally subject to income tax, while withdrawals from Roth retirement accounts are not. Converting “traditional” retirement accounts to Roth accounts will result in inclusion of the converted amount in your taxable income for the year of the conversion, but later withdrawals from the converted Roth account will be income tax free.  Converting traditional retirement accounts to Roth accounts may be advantageous in the current environment because: (i) asset values are lower and conversions will be taxed on this lower amount; (ii) current income tax rates are historically low and are expected to rise in the future to meet the federal government’s revenue needs, and (iii) you may have reduced income in 2020.  When reviewing your estate planning for your retirement accounts, it is also important to keep in mind the recent changes as a result of the SECURE Act, which we have addressed in a previous client update which can be found here.
10. Charitable Donations. The recently passed CARES Act expands the availability of income tax deductions for charitable contributions in several ways.  You may wish to consider making charitable contributions at this time, which can result in additional tax benefits to you while providing a helping hand during the current crisis.  Clients with retirement accounts can also make Qualified Charitable Distributions directly from those accounts to charities, which can increase the tax benefits of doing so.

We look forward to assisting you with creating your estate plan or re-evaluating any estate planning you may have done. Please feel free contact any of our estate planning attorneys listed on our firm’s Trusts and Estates Department website to review your plan.

The SECURE Act and Retirement Accounts

The retirement account has long been an advantageous tool for tax and estate planning. Workers could defer taxes on earnings by contributing to these accounts and deferring tax on distributions until they retired. Beneficiaries who inherited retirement accounts were able to “stretch” distributions over their lifetimes and therefore defer the income taxes resulting from such distributions. Well-drafted trusts which were named as beneficiaries of retirement accounts were also entitled to stretch distributions over the lifetime of the trust beneficiary. However, the Setting Every Community Up for Retirement Enhancement Act (the “SECURE Act”), enacted at the end of 2019 severely limits the ability of many individual and trust beneficiaries to defer distributions from inherited retirement accounts.

Client Alert: Landlord-Tenant Issues – New York Tenant Safe Harbor Act

On April 7, 2020, new tenant friendly legislation was introduced in the New York State Senate and Assembly.  Titled the “New York Tenant Safe Harbor Act,” it would prohibit a landlord from evicting a tenant due to that tenant’s failure to pay rent for a period (i) commencing with the Governor’s declaration of a State of Emergency on March 7, 2020 and (ii) ending on a date six (6) months after the Governor lifts the State of Emergency.

Client Alert: Business Interruption Insurance Coverage: Federal Legislation May Be On The Way

Insurance coverage for business interruption losses caused by the COVID-19 pandemic is the subject of proposed legislation in New York and a number of other states, as well as several lawsuits already commenced by insureds (see our other Client Alert about NY’s proposed legislation here). But whereas those efforts are largely directed at requiring insurers to provide coverage under existing business interruption insurance policy provisions – an uphill battle strongly resisted by the insurance industry – the US Congress is in the early stages of taking a different approach with proposed legislation that would create a new coverage mechanism specifically designed to address losses arising from a pandemic.

Client Alert: Impossibility, Frustration of Purpose, and Impracticability: Doctrines that may excuse contractual performance during the COVID-19 pandemic

In a previous Alert, we discussed how the operation of a force majeure clause in a contract may excuse a party’s performance in whole or in part. But what if a contract does not contain a force majeure clause? Other legal doctrines may still come into play to excuse performance under the circumstances created by the current COVID-19 pandemic.

Client Alert: Estate Planning and the Coronavirus

Due to the COVID-19 pandemic, it is more critical than ever for everyone to have updated estate planning documents in place, especially individuals who are at high risk from the virus or have jobs that require close interaction with the public, such as essential medical professionals, police officers and firefighters.  The attorneys in our Trusts and Estates practice group are able to meet with you to discuss and complete your estate planning, while observing social distancing protocols through the use of telephone and video conferencing technology.  There are numerous options available to supervise proper execution of documents including remote witnessing and notarization protocols which have been permitted by recent executive orders issued by Governor Cuomo.

Client Alert: Is the COVID-19 Pandemic a Force Majeure Event?

The COVID-19 pandemic is causing businesses across the US to consider, many for the first time, the operation and effect of a mostly neglected provision in their contracts: the force majeure clause.

A force majeure clause allows a party to suspend or discontinue performance of its contractual obligations under specified circumstances. It may also limit a party’s liability. Often this clause is overlooked during contract negotiations as routine boilerplate, and covers generic events such as “disasters,” “acts of God,” “labor strikes,” “national emergencies,” or “circumstances beyond the control of the parties.” The question on the minds of many businesses now is whether the COVID-19 pandemic and the various workplace and other restrictions it has spawned qualifies as a force majeure event that will excuse a party’s performance of its contractual obligations in whole or in part. What follows is an introduction to the operation of force majeure clauses and how they may apply during the current COVID-19 public health emergency.

Client Alert: Changes to Property Tax Grievance Procedures in Westchester County

On April 20, 2020, Gov. Cuomo signed Executive Order 202.22, making some important changes to property tax grievance procedures in New York State and Westchester County in particular.

EO 202.22 permits the Cities and Towns of Westchester County to move the date to file property tax grievance back one month, and allows Boards of Assessment Review to conduct their hearings remotely, if necessary.

Client Alert: FAQ: Commercial Real Estate Leasing, Lending, and Related Issues During the COVID-19 Health Crisis

My company is unable to use its rented space during the 100% in-person workforce reduction mandated by Gov. Cuomo.  Are we still required to pay rent?

Currently there is no law or Executive Order relieving residential or commercial tenants of their obligation to pay rent during the COVID-19 outbreak.

Client Alert: Insurance, Construction & Deadlines

On March 29, 2020, Gov. Cuomo issued Executive Order 202.13 to provide further relief to individuals and small businesses coping with the COVID-9 pandemic health emergency, to clarify certain aspects of prior Executive Orders, and to temporarily modify certain existing laws. We provide highlights here of those portions of EO 202.13 that may be of particular interest to our clients.

Client Alert: COVID-19 and Public Bidding Procedures

COVID-19 has forced us to change the way municipalities go about public bidding.  Here are three key points to consider.

Client Alert: I Tested Positive for COVID-19: When Can I Return To Work?

The New York State Department of Health (“DOH”) issued guidance that expressly sets forth the protocols for essential personnel to return to work after being exposed or infected with COVID-19.

McGOWAN ELECTED TO ROCKLAND COUNTY LEGISLATURE

In November 2019, John W. McGowan was elected to a 4-year term on the Rockland County Legislature.  In his capacity as Legislator, Mr. McGowan, who took office on January 2, 2020, represents residents in District 15, that encompasses portions of Orangetown (Pearl River), Clarkstown (Nanuet, West Nyack), and Chestnut Ridge.

To read Mr. McGowan’s attorney profile, click here.

Partner Jim Glatthaar to Speak at a Continuing Legal Education Seminar on Landlord-Tenant Law In New York: A New Paradigm – September 12, 2019

Bleakley Platt partner Jim Glatthaar will speak at a Continuing Legal Education Seminar sponsored by Judicial Title on Landlord-Tenant Law In New York:  A New Paradigm on Thursday, September 12, 2019 at CV Rich Mansion, 305 Ridgeway, White Plains, NY.  This seminar begins promptly at 6:00 and qualifies for 1 Professional Practice Credit and 1 Ethics Credit.

Mr. Glatthaar’s presentation will address the far-ranging legislation adopted in June 2019 which changed many long-standing rules of landlord-tenant law, including changes to rent increases in rent regulated apartments, new eviction notices, new time frames for eviction proceedings and post judgment relief available to tenants.

The program will also discuss ethical considerations in landlord tenant matters, including lease negotiation and litigation.

A member of the Litigation, Co-Operative and Condominium, Construction and Real Estate Practice Groups at Bleakley Platt, Mr. Glatthaar concentrates his practice in the areas of zoning and land use law and litigation, cooperative and condominium law, construction law and real estate litigation. He has represented landlords, tenants, developers, non-profit institutions, sellers, purchasers, realtors, cooperatives and condominiums in building, zoning, housing and disability-based discrimination claims, landlord-tenant and construction defect claims both in courts and before state and federal administrative agencies. He has also represented property owners and purchasers in complex real estate and financing transactions.

Learn more about Jim Glatthaar.

Rodriguez Article Five Trademark Issues Every Business Owner Needs To Know Published by Council of Industry

A recent edition of the Council of Industry’s Newsletter contains an article written by Bleakley Platt Counsel Adam Rodriguez.  The article, entitled Five Trademark Issues Every Business Owner Needs To Know, addresses five things all business owners should know about their brands and intellectual property.

Some of the key topics in the article include:

1. What is a Trademark?
2. Trademark protection is not linked to your business name.
3. Trademark registrations never expire.
4. Trademarks are affordable.
5. Ignoring Trademarks can be expensive.

At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million.  Prior to his appointment as Director of Real Estate, Mr. Rodriguez represented the County of Westchester in federal and state litigation and appeals.  He has also served as a law clerk to two federal judges, and worked as an intellectual property litigator at a large law firm in New York City.

To read Mr. Rodriguez’s complete biography, click here.

Rodriguez Appointed by Chief Judge of S.D.N.Y. to U.S. Magistrate Judge Merit Selection Panel

On April 1, 2019, Mr. Rodriguez was appointed by Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York as a member of the U.S. Magistrate Judges Merit Selection Panel.

The appointment of a U.S. Magistrate Judge is an important process.  The Merit Selection Panel is tasked with reviewing the selection, appointment, and reappointment of United States Magistrate Judges, in accordance with the Federal Magistrate Act of 1979.

In the case of the appointment of a new magistrate judge, the function of the Panel is to identify five members of the bar who are best qualified for appointment as magistrate judge. For a reappointment, the Panel appraises the performance of the incumbent magistrate judge and recommends to the court whether the judge should be reappointed to a new term.

Regulations require that scholarship, academic and professional achievement, civic engagement, legal experience, knowledge of the law and the federal courts, and the personal attributes of the candidates will be considered.

At Bleakley Platt, Mr. Rodriguez focuses his practice in the areas of litigation, intellectual property and real estate. Previously, he was the Director of Real Estate for Westchester County, where he negotiated commercial real estate transactions valued at over $100 million.  Prior to his appointment as Director of Real Estate, Mr. Rodriguez represented the County of Westchester in federal and state litigation and appeals.  He has also served as a law clerk to two federal judges, and worked as an intellectual property litigator at a large law firm in New York City.

To read Mr. Rodriguez’s complete biography, click here.

William P. Harrington to Serve as Chairman of Two Merged Organizations: Westchester County Association and Hudson Valley Economic Development Corporation

Bleakley Platt Chairman William P. Harrington, who currently serves as chairman of the Westchester County Association, will become chairman of a new regional organization created by the merger of the Westchester County Association and the Hudson Valley Economic Development Corporation.

News of the merger was reported on Westfair Online in an article titled “Going regional: Westchester County Association and HVEDC plan merger.”

A strategic partnership had been announced by the two organizations in October, which then led to discussions about a merger. Details of the merger are still in process, as is the name of the organization.

The combined organizations will have more power to advocate on behalf of businesses and build a stronger business climate throughout the region.

To read Mr. Harrington’s complete biography, click here.

Partner Jonathan A. Murphy Speaking on Interaction with the DEC for The Council of Industry – The Manufacturer’s Association of the Hudson Valley

Bleakley Platt partner Jonathan A. Murphy, co-chair of the firm’s Environmental practice and chair of its Construction practice, will speak on February 15 to the Environmental, Health and Safety (EHS) Network of The Council of Industry on topics of interest when dealing with the Department of Environmental Conservation (DEC).

Mr. Murphy’s program will provide an overview of New York administrative law principles, and will discuss DEC enforcement practices. His presentation will include:

• DEC Notices of Violation – The Process and What to Expect
• DEC Enforcement Process: Stipulations, Orders on Consent and Enforcement Hearings
• Peculiarities and Pitfalls in DEC Enforcement Policies and Expectations

Mr. Murphy handles environmental matters for both corporate and insurance clients, in litigated claims as well as direct administrative agency proceedings with federal, state, county and local environmental agencies. He counsels clients on environmental risks, enforcement implications and regulatory requirements in a variety of business and transactional settings. His substantive areas of practice include CERCLA/RCRA, TSCA, CWA, New York’s Navigation Law, and other environmental and regulatory enforcement exposures presented by federal, state and local environmental regulations.

Read Mr. Murphy’s complete biography here.

Learn more about The Council of Industry here.

Partner Jonathan A. Murphy Presents Continuing Education Program on Contractual and Environmental Issues for Engineers

Bleakley Platt partner Jonathan A. Murphy, co-chair of the firm’s Environmental practice and chair of its Construction practice, will present to engineers during a full day program titled “Engineering Law and Ethics,” a continuing education class for professional engineers.

Mr. Murphy will present on two topics, basic contract law for engineers and issues faced by engineers in the environmental arena.

The environmental segment will examine relevant and recurring practice issues encountered by engineers working on environmental issues in New York. Areas of discussion include requirements for licensed engineers certifying submissions to DEC, water quality compliance and enforcement update, stormwater permitting update and emerging issues concerning the New York City watershed. He will also explore ethical issues faced when representing clients who are facing regulatory enforcement.

The contract law primer segment will cover basic contract law principles, statutes of limitation in New York applicable to engineers, as well as conduct, acts and omissions that can constitute a breach of contract.

Mr. Murphy is an experienced and skilled advisor to clients on environmental and construction matters. In the construction arena, Mr. Murphy represents construction clients (owners, general contractors, subcontractors and design professionals) – both as claimants and respondents – in litigation, at trial, and in arbitrations on controversies ranging from construction defect claims to delay damages, wrongful termination and payment disputes. He also drafts and negotiates contracts for clients involved in private and government projects and provides legal guidance throughout a project’s life.

Read his complete biography here.

Partner Peter Bassano Represents Dominican Sisters of Hope on Creation of Mariandale Preservation Easement in Ossining

Bleakley Platt Partner Peter Bassano guided a recently-completed preservation effort for the Dominican Sisters of Hope that safeguards from development 34 acres of the Sisters’ 61-acre Mariandale property in Ossining, N.Y., through a conservation easement donated to the Westchester Land Trust.

The easement covers the undeveloped part of Mariandale and excludes the campus with the Sisters’ offices, chapel and the Mariandale Retreat and Conference Center, for which a renovation and redesign of buildings is planned. The Sisters will continue to own and manage the property.

“The goal of this easement is to protect this land in perpetuity, which is very important to the Sisters’ earthly mission,” said Mr. Bassano. “It took approximately three years for the Sisters’ vision of preservation to reach fruition,” Mr. Bassano noted.

“This land has been an oasis in the midst of development in Westchester County,” said Sister Lorelle Elcock, O.P., Prioress of the Dominican Sisters of Hope. “We have a responsibility to be in right relationship with Earth, not over it or owning it, but caring for it. We are protecting this land so that it will be a source of healing and refuge for both humans and wildlife.”

“We’re very appreciative of Peter’s work with us. He was very patient and really understood our values and what we were trying to achieve,” said Sister Lorelle, adding, “He’s worked with us on several things over the years. We’ve been very pleased with him.”

The protected property is adjacent to the Village of Ossining’s 30-acre Crawbuckie Nature Preserve. In addition to protecting significant ecological resources, the conservation easement means nearly one mile of Hudson River shoreline is now protected in perpetuity—honoring a priority in the 2016 New York State Open Space Conservation Plan.

“The conserved land consists of a variety of habitat types, including woodlands, meadow, wetlands, and a steep ravine through which flows a stream on its way to emptying into the Hudson River,” a press release on the easement said.

Lori Ensinger, president of the Land Trust, said in the release, “The preservation of this beautiful land holds special meaning for Westchester Land Trust. We have always known that this property is sacred to the Sisters, and we worked to ensure that they felt comfortable with their decision to preserve the property after they are gone. Every action they have taken demonstrates their clear stewardship ethic and a deep reverence for the land. This project has been one of the most inspirational we have ever been involved with.”

Peter Bassano is the Firm’s Managing Partner, a member of the firm’s Executive Committee and the head of the Real Estate and Commercial Finance Practice Groups. Mr. Bassano has more than 30 years’ experience in all aspects of commercial real estate.

Mr. Bassano’s Profile Page

More About The Dominican Sisters Of Hope

About Westchester Land Trust

Frances M. Pantaleo Addresses the NYS Bar Association Trusts and Estates Law Section

Partner Frances M. Pantaleo presented at the 2018 Fall Meeting of the Trusts and Estates Law Section of the New York State Bar Association on October 19. The two-day program focused on real property issues that frequently arise in elder law and estate planning practices.

Ms. Pantaleo’s presentation emphasized that a primary residence, however modest, is often a client’s most valuable asset and one that the client is generally motivated to protect and preserve for his or her heirs. She addressed income tax, capital gains tax, estate tax and Medicaid consequences of real property ownership and transfers, including transfers to irrevocable and revocable trusts, life estate deeds and outright transfers.

Ms. Pantaleo leads the Elder Law and Special Needs Practice Group at Bleakley Platt. She is a former Chair of the Elder Law and Special Needs Section of the New York State Bar Association and a member of the Trusts and Estates Section. Ms. Pantaleo is a member of the National Academy of Elder Law Attorneys (NAELA).

Ms. Pantaleo serves on the Board of Directors of Legal Services of the Hudson Valley and is a frequent presenter on Elder Law and Special Needs topics for consumers at the request of community and service organizations including AARP, UJA-Federation, Pace Women’s Justice Center, Alzheimer’s Association, Westchester Arc, Public/Private Partnership for Aging Services and Westchester County Department of Senior Programs and Services.

Read her complete biography here.

Partner Jim Glatthaar Speaking Again to Council of NYC Cooperatives & Condominium’s 38th Annual Housing Conference & Expo – November 11th

Bleakley Platt partner Jim Glatthaar has been asked to return to the Annual Housing Conference & Expo presented by the Council of New York City Cooperatives & Condominiums. Now in it’s 38^th year, the conference is designed to offer help to coop and condo owners and board members, multi-family management companies and real estate agents improve their knowledge and skills in address legal, financial and HR issues, managing buildings and planning for the present and the future.

Mr. Glatthaar’s presentation, “When Dissidents Are Elected To The Board,” addresses what happens when board members who have their own agendas are elected to a board of directors, how boards can work productively with “rogue” board members, and how to effectively minimize the chances of a dissident being elected in the first place.

A member of the Litigation, Co-Operative and Condominium, Construction and Real Estate Practice Groups at Bleakley Platt, Mr. Glatthaar concentrates his practice in the areas of zoning and land use law and litigation, cooperative and condominium law, construction law and real estate litigation. He has represented landlords, tenants, developers, non-profit institutions, sellers, purchasers, realtors, cooperatives and condominiums in building, zoning, housing and disability-based discrimination claims, landlord-tenant and construction defect claims both in courts and before state and federal administrative agencies. He has also represented property owners and purchasers in complex real estate and financing transactions.

 Learn more about the Council of NYC Cooperatives & Condominium and the conference.

Learn more about Jim Glatthaar.

Bleakley Platt Attorneys Named To New York Metro Super Lawyers 2018 and New York Metro Rising Stars 2018 Lists

Ten Bleakley Platt attorneys have been selected to the New York Metro Super Lawyers list as top New York Metro area lawyers for 2018, and one Counsel and three associates were named New York Metro Rising Stars.

Each year, no more than five percent of the lawyers in the New York metro area are selected by the research team at Super Lawyers to receive this honor.

The attorneys receiving this honor are:

Joseph DeGiuseppe, Jr.

John P. Hannigan

William P. Harrington

Mary Ellen Manley

Robert D. Meade

Frances M. Pantaleo

Matthew G. Parisi

Raymond M. Planell

Nancy J. Rudolph

Mary Anne Wirth

Bleakley Platt Counsel Adam Rodriguez and associates Elizabeth C. Briand, Daniel P. Buckley and Justin M. Gardner were named to the 2018 New York Metro “Rising Star” List by Super Lawyers, an honor received by no more than 2.5 percent of lawyers in the state.

Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

THREE BLEAKLEY PLATT PARTNERS RECOGNIZED BY THE BEST LAWYERS IN AMERICA© 2019

Bleakley Platt is pleased to announce that three partners at the firm have been selected by their peers for inclusion in The Best Lawyers in America 2019:

• Joseph DeGiuseppe in the field of Labor and Employment Law
• Frances Pantaleo for Elder Law, for the fifth consecutive year
• Nancy Rudolph in the practice area of Trusts and Estates (Litigation)

Joseph DeGiuseppe leads the Labor and Employment and Immigration Practice Groups. He has over 35 years experience in representing and advising Fortune 500 companies and other corporate clients in labor, employment and immigration law, including 14 years of experience at Skadden and more than six years of experience at Jackson Lewis.

Mr. DeGiuseppe advises clients on all aspects of labor and employment law, including employment terminations and discipline, reductions-in-force, personnel policies and practices, employee benefit cases and collective bargaining negotiations. He has acted as lead counsel on significant employment discrimination law cases, wage and hour cases and collective actions, non-competition cases and arbitration proceedings.

He is rated an AV® Preeminent (5.0 out of 5) from Martindale-Hubbell and has been included in New York Metro Super Lawyers lists since 2013.

Frances M. Pantaleo is the head of the Elder Law Practice Group.  She handles a broad range of matters with a particular emphasis on elder law, special needs planning, guardianship proceedings under Article 81 of the Mental Hygiene Law and Article 17A of the Surrogate’s Court Procedure Act, drafting and administration of special needs trusts, estate planning, drafting of wills and trusts, and estate administration.

Ms. Pantaleo is the former Chair of the Elder Law and Special Needs Section of the New York State Bar Association and a member of the Trusts and Estates Section.  She is a member of the National Academy of Elder Law Attorneys (NAELA) and is a member and has served as past-chair of the Elder Law Committees of the Westchester Women’s Bar Association and the Westchester County Bar Association.  She is co-author of a chapter on elder law in General Practice in New York, published by the West Publishing Company.

She is rated an AV® Preeminent (5.0 out of 5) from Martindale-Hubbell and has been included in New York Metro Super Lawyers lists since 2010.

Nancy J. Rudolph is a member of our Trusts and Estates and Real Estate Practice Groups. She has served in the public sector as an Assistant Attorney General in the New York State Office of the Special Prosecutor, handling white collar civil litigation related to Medicaid Fraud.

Ms. Rudolph concentrates her practice in the area of trusts and estates, estate administration, estate tax, and guardianship in the Surrogate’s Court, the Supreme Court, and before the United States Tax Court. Ms. Rudolph represents beneficiaries and fiduciaries, both individual and corporate, in judicial proceedings involving probate, administration, lost wills, construction, kinship, removal of fiduciaries, contested accountings, uncontested accountings, and in real estate transactions. Ms. Rudolph also represents individuals and corporate fiduciaries as trustees of supplemental or special needs trusts.

Ms. Rudolph has been included in the New York Metro Super Lawyers lists since 2013.

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