Tuesday, December 11, 2018

Anatomy of a Real Estate Lawsuit with Andrew M. Lieb

A lawsuit is not what you see on TV. On TV, a lawsuit is won by an attorney marching into court with a grand display of showmanship and a cunning tongue. The TV judge hearing the case makes a spot decision and it’s all over and decided before the final commercial break. In reality, a civil litigation takes years and is much more of a chess match than a swordfight. As opposed to this courtroom drama, a real case is typically decided on paper submissions that may be heard months after they are first provided to the court. Additionally, the decision is often made on a technical procedural rule, not on the merits or substance of the litigation.

You see, being right isn’t everything in real litigation. Instead, a real lawsuit is all about knowing how to play the game. The following is a summary of the stages of a litigation, but this chess match isn’t linear and each of the stages can appear out of order and can even reoccur again and again. So, civil litigants need a skilled advocate who is a master of the game if they want a shot at victory. Here is your game board:

Monday, December 10, 2018

Lieb at Law Seeks Junior Associate Attorney to join team

Lieb at Law, P.C., is seeking a junior associate attorney to support the firms widely expanding litigation and transactional practice. This role will work across the firms practice areas. Competence trumps experience and career growth is limited only by your own ability, ambition and desire to learn and evolve. We are looking for a potential star that is intellectually driven, who does not cut corners, has a fresh approach, thinks outside-the-box and can provide tangible fact-driven support. 

Desired qualifications:
  • Must love technology and use it always, must be comfortable in a paperless office with cloud based systems
  • Demonstrated proficiency in legal writing and oral advocacy;
  • Dedicated, organized and detail-orientated;
  • Ability to leverage substance rather than emotion;
  • Experience drafting contracts.
Practice Areas:
  • Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations.
  • Litigation: Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Estate Litigation and more.
  • Employment Litigation, Compliance and Trainings: Discrimination, Harassment, Retaliation, Wage and Hour, Restrictive Covenants, Family Medical Leave Act, Alternative Dispute Resolution, Appeals; Employee Handbooks and Policies, Sexual Harassment and Discrimination Training, Wage and Hour Audits & more.
  • Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings.
  • Estate Planning and Probate: Last Wills, Advance Directives, Trusts, and Probate Administration.
Candidate must have 1 year of experience at a law firm.  Excellent critical thinking, writing, organization and research (Westlaw) skills.  Must be technologically savvy and detail oriented. 

Lieb at Law is different:
The law firm is a part-owner of a New York State Licensed Real Estate School, Lieb School, which offers in-class and digital courses throughout New York State and Connecticut. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry. The law firm's sister firm, Lieb Compliance, leverages legal change to enhance business services. Lieb Compliance offers sexual harassment trainings and employment law support services. 

About the firm:
The firm was founded in 1977. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a commercial litigation boutique focusing on real estate and legal compliance for regulated industries.

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw. Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.

Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.


To Apply email resume and cover letter to careers@liebatlaw.com

Wednesday, December 05, 2018

Everything you need to know about NY Mandatory Sexual Harassment Prevention Trainings & Policies

Every NYS employer must provide their employees with both an annual sexual harassment prevention training and policy pursuant to Labor Law section 201-g. It is a misdemeanor for Employers to violate the Labor Law and likely will trigger an EPLI insurance provider to disclaim coverage in a prospective sex discrimination lawsuit.

  • Sexual Harassment Policies: All employers must adopt and provide a sexual harassment prevention policy to all employees by 10/9/18. If your company already has a sexual harassment policy, make sure that it meets or exceeds the newly required minimum standards.
  • All Employees Must Be Trained: Between 10/9/18 and 10/9/19 all employees must be trained and annually thereafter on each employee's anniversary, start date or date selected by employer.
  • New Employees Must Be Trained and Provided Policies ImmediatelyEmployers are liable for the actions of employees immediately upon hire, the State encourages training as soon as possible.
  • NYC Independent Contractors: The NYC Commission on Human Rights requires employers with 15 or more employees (which includes independent contractors) to provide training to all independent contractors who have performed work for the employer for more than 90 days or 80 hours in a calendar year.
  • Policy and Training For Independent Contractors: The State Human Rights Law imposes liability on the employer for their actions and encourages employers to provide the policy and training to anyone providing services in the workplace including contractors, subcontractors, vendors and consultants.
Why Employers Should Not Use NYS Sample Policy:
  1. It does not address every other protected class under which an employer can be sued for discrimination (e.g., race, religion, color, national origin, sex [including pregnancy], military status, age, marital status, sexual orientation, gender expression or identity, genetic information, disability or any other personal characteristics considered to be a protected class under applicable federal, state or local laws). Updating the policy matters because when sued for discrimination by a different protected class, you will be able to explain that everyone is protected in the workplace.
  2. It does not list potential remedial measures (e.g., termination, suspension, probation, demotion, reassignment, etc.). Updating the policy matters because employees who do not know the consequences are unlikely to care about changing behavior and, more importantly, without clear expectations an employer can be sued for arbitrarily applying their policy in a discriminatory manner.
  3. It does not cause an employee to agree to its terms and to acknowledge written receipt of the policy and complaint form, which is required by law. Updating the policy matters because without records you have nothing when faced with a Department of Labor audit or a prospective lawsuit. More so, you can justify termination for cause when an employee violates your policy, which they affirmatively agreed to follow.
Why Employers Should Not Use NYS Sample Training Videos:
  • NYS has released videos to comply with the NYS required sexual harassment training under Labor Law 201-g. However, the website for the videos expressly advises that they are non-compliant.  "the videos alone are NOT considered interactive. If you are using this video to meet the training requirements, you must also: ask questions of employees as part of the program; accommodate questions asked by employees, with answers provided in a timely manner; or require feedback from employees about the training and the materials presented."
What To Look For In A Sexual Harassment Training Vendor:
  • A system to track that employees took the training in anticipation of a Department of Labor audit;
  • A system to track that the sexual harassment policy and complaint form were distributed in writing and agreed to be followed (i.e., clickwrap) by the employee - distribution of these documents is also required;
  • A branded policy and training, with both addressing all types of discrimination, beyond just sexual harassment, because the employer may face a discrimination suit on a different protected class and wouldn't want to have to explain to a jury why they only cared about sex discrimination, not the applicable protected class (e.g., race, marital status, disability, etc.); and
  • Most importantly, a digital on-demand product because the training needs to be instantly available to new employees (i.e., NYS requires trainings as soon as possible from start date and NYC requires trainings within 90 days of start date)
Why Lieb Compliance Is Your Solution: 
Lieb Compliance offers a solution that not only complies with all of the updated regulations but also helps defend prospective litigation.
  • Complies with both Labor Law 201-g and Local Law 96 (NYS / NYC requirements for sexual harassment prevention) 
  • Our platform is an interactive video that employees can take at their convenience with a high speed Internet connection. The platform includes a branded sexual harassment prevention policy and complaint form that requires employees to download and review the form
  • Our competitors rarely offer an opportunity for employers to require that their employees affirmatively agree to be bound by their policy through a digital clickwrap receipt 
  • Our content and instructor, Andrew Lieb, who teaches through case studies and practical advice, not theory. Mr. Lieb, Esq is an employment law litigator and is regarded as one of the best legal educators in the country who can make a boring required topic, like sexual harassment prevention, come to life through humor and fun. That is why our trainings have continuously received rave reviews from C-suite executives, who frequently tell us that our trainings have transformed employee compliance into a morale building experience. Simply, employees thank their bosses for hiring Lieb Compliance
To learn more, check out our demo and you will be sold.

Monday, December 03, 2018

Lieb at Law is Hiring a Real Estate Paralegal

Lieb at Law, P.C. seeks digitally savvy, detail oriented and motivated paralegal. The firm services the New York Metro area, inclusive of the Hamptons and Manhattan and represents sellers, buyers and lenders in residential and commercial real estate closings. 

The firm is a paperless office with a focus on technology and substance. Must be friendly, charismatic and organized. We will grow your career and teach you how to reach the next level.

The firm’s sister company is one of the largest real estate schools in the state offering in-person and digital continuing education classes to real estate brokers and salespersons.
  • Drafting and reviewing contracts of sale
  • Ordering and clearing title
  • Coordinating with brokers, surveyors, expeditors, lenders and other client-vendors
  • Managing client needs
  • Coordinating closings
  • Maintaining files as always up-to-date through use of case management technology
  • New business intake – opening and closing files and tracking / closing potential cases
  • Preparing closing statements
  • Answering telephones, distributing mail and deliveries, announcing visitors, maintaining office appearance, watering plants, making coffee, and generally helping throughout entire law firm
  • Managing closing department calendar
  • Must love technology and use it always
  • Need to love sales – be charismatic / friendly / hungry
  • Required to be self-sufficient and take pride in your work-product
  • Success requires a detail-oriented / organized / multi-tasker
  • Proficient in Microsoft Word, Excel, and Google Calendar
  • Active presence on Social Media
  • Minimum of typing 60+ words per minute
  • Minimum Associates Degree from accredited college. Bachelor’s Degree preferred
  • Cannot be a practicing real estate salesperson / associate broker due to conflicts
Email Resumes to Careers@liebatlaw.com

Thursday, November 29, 2018

Lease Suggestion to Avoid Discrimination

According to the NYC Commission on Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Disability, "a “no pets” policy in a lease, should be clear about the availability of and the process for seeking and granting an exception or modification to the policy as a reasonable accommodation."

As should be discerned, using a form lease is very dangerous and landlords need to understand that a properly drafted tailored lease is about exposure mitigation more than anything else.