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.
Qualifications:
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.

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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.

Highlights:
  • 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.
Responsibilities:
  • 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
Requirements:
  • 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.


Monday, November 26, 2018

New laws expected as Democrats take control of NYS Legislature

This is not a politically charged article, but a functional article predicting the future. As a result of the November 6, 2018 elections, New York State no longer has a deadlocked Senate and many bills will now pass.

In 2018, the Democrats gained control of 40 seats and the Republicans gained control of 23 seats in the Senate giving them a majority from the prior 32 / 31 Republican control. Also, the Assembly remains democratic, as it has historically been since 1975. After the elections, the Assembly was 104 / 43 Democratic control.

With both New York State Senate and Assembly being dominated by Democrats, it is expected that more bills will be passed. The New York State Legislature is now less likely to be at an impasse on voting on the passage of bills. As such, stay tuned for updates on proposed bills and their passage, especially those related to real estate and employment law.


Tuesday, November 20, 2018

Christmas Party Sexual Harassment Prevention


It’s time to prepare for your office’s holiday party in the era of sexual harassment. Your company, like mine, probably has a holiday party scheduled. The company party will have alcohol and co-workers, which should terrify employers in the era of #MeToo. Beyond #MeToo, this is also the era of sexual harassment trainings, where every employee in NYS is being educated about their rights when faced with improper conduct. Simply, employees are being told that they have a right to sue the company.

Under this landscape, HR needs to thread-the-needle between keeping the party positive so that it achieves its intended purpose of boosting employee morale, while also setting ground rules that will insulate the company from a sex discrimination lawsuit. To accomplish these competing objectives, HR should email the team a reminder about the awesome events planned, while also including the following five reminders about the party:

  1. The Standard: Remind employees that the sexual harassment standard is subjective and it’s about whether conduct is unwelcomed, not whether the target of the conduct acquiesced to the conduct. Furthermore, employees need to be reminded of the breadth of what can constitute harassment. Beyond the traditional understanding of unwelcomed touching, even “harmless” small talk can be actionable if it’s sexist, sexual, homophobic, gender-stereotypical, and the like.
  2. Policy Effectiveness: Employees need to know that regardless of the location where the party is held and irrespective if the party occurs after working hours, the Company’s sexual harassment and anti-discrimination policies remain in full force and effect. Incident to the policy being in effect, employees should receive a copy of the policy and be reminded of the adverse work consequences that can result if an employee is a perpetrator of harassment.
  3. See Something / Say Something: Most importantly, employees should be empowered to be the solution to eliminate sexual harassment. This can be accomplished by reminding employees of the simple rule of if you see something, say something, which when implemented can effectively stop unwelcomed conduct before it crosses the line and becomes harassment.
  4. Providing the Complaint Form: While avoiding harassment is the first goal, providing victims with resources must be a close number two. To accomplish this, HR should provide all employees with a copy of the complaint form and remind employees of the procedure undertaken when a complaint is received. By providing an avenue for employees to be heard and harassment to be addressed, employers can often avoid a lawsuit and at the least, have a good defense if the employee nonetheless sues.
  5. False Complaints: While the act of setting forth the potential remedial measures faced by a harasser is a great dissuader of improper conduct, improper complaints should also be addressed by HR. However, HR must address false complaints with precision because everyone must be empowered to make legitimate complaints and not feel that they will be retaliated against. Remember, retaliation, which would reasonably discourage a worker from making or supporting a sexual harassment claim, is disallowed conduct. As such, HR should remind the team that an improper complaint is not one where harassment has not occurred, but, instead, where the complaint was made as a sword against a co-worker as opposed to a shield to protect against harassment. That being said, false complaints are a real thing and they must be avoided in order to root out harassment and make everyone safe at the workplace. As such, HR should suggest that employees avoid one-on-ones if they are afraid of improper complaints. By having a co-worker around, the employee will have a witness to corroborate their version of what transpired. Also, HR should remind everyone that a false complaint can result in criminal harassment charges under the Penal Law and/or a civil defamation lawsuit between co-employees. So, complaints are only to be made if they are brought in good faith.



Monday, November 19, 2018

Why Employers Should NOT Use NYS Sexual Harassment Sample Videos & Policies

Many employers are saying that they will write sexual harassment policies and conduct the mandatory trainings themselves, but they will quickly find that doing it themselves is a big mistake. Without an in-house employment attorney, internal compliance department and/or a comprehensive training program, employers will face the following internal training issues:
  • Employers must comply with Labor Law 201-g (NYS) and Local Law 96 (NYC).
  • New employees must be trained as soon as possible in NYS. NYC requires training within 90 days. So, employers that want to have an annual training for their team must consider multiple trainings when they hire new staff. 
  • Employers that plan to use the sample training videos that NYS released will learn that they simply do not comply with the laws. 
In fact the NYS website clearly states:

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.

Employers that plan to use the sample sexual harassment policy released from New York State are making a big mistake. 

Here are 3 reasons why the NYS sample policy is just not enough:

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.

Moreover, there are ramifications for employers who do not have their employees take the training (i.e., it's a misdemeanor and likely will trigger an EPLI insurance provider to disclaim coverage in a prospective sex discrimination lawsuit). With risk avoidance being the key to these new laws, a sexual harassment vendor should offer the following:
  1. A system to track that employees took the training in anticipation of a Department of Labor audit;
  2. 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;
  3. 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
  4. Most importantly, a digital on-demand product because the training needs to be instantly available to new employees 

Lieb Compliance offer employers a web-based, on-demand interactive video training platform. While we understand that there are many vendors who train on sexual harassment, most of them don't offer online trainings in compliance with both Labor Law 201-g and Local Law 96. Further, most don't offer to digitally distribute a branded company policy and a tailored complaint form, which are both required under laws. Still further, 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. Please understand that our system goes above and beyond to make compliance easy. We include security checkpoints, randomized quiz questions, note-taking, and the ability for employees to ask questions of the instructor. We even offer monthly user reports so employers can monitor their team's compliance.  

Many "lawyers" teach, but being licensed isn't enough, being dynamic is everything when presenting emotion-ridden topics to employees. Our courses are led by Andrew Lieb, Esq., who founded Lieb Compliance and is our Chief Compliance Officer. Andrew is a prolific author and has trained tens of thousands of employees and independent contractors nationally on compliance topics. He's taught on the college level (human sexuality), he's taught corporate compliance and he even operates a New York State licensed school. Simply stated, he's our secret sauce. 

We encourage you to learn more about our Sexual Harassment Prevention Trainings and Services.



NEW LAW: New York City Independent Contractors Must Receive Sexual Harassment Training

All independent contractors in Manhattan, Queens, Brooklyn, Staten Island and the Bronx must receive sexual harassment training if there are more than fifteen (15) employees / independent contractors.

The NYC Commission on Human Rights recently released guidance on the "Stop Sexual Harassment Act" which requires employers to provide sexual harassment training to its employees on an annual basis.  

The guidance clarifies that the law requires all employers with fifteen (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. All employers who have more than 15 employees/independent contractors must ensure they are compliant with the new law which takes effect on April 1, 2019.

Employers should visit - sexualharassmenttrainingny.com to get your employees and independent contractors trained today. 


Thursday, November 15, 2018

NYS releases sexual harassment training videos that DO NOT comply with NYS Law

Ironically, 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.

In fact the website states:
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.
To comply with the NYS law, easily, effectively and efficiently, just go to sexualharassmenttrainingny.com

Sexualharassmenttrainingny.com has interactive videos in full compliance with the Labor Law and also offers sexual harassment policies, complaint forms and record keeping making you 100% in compliance with the law.


NEW LAW: New York City Brokers are Required to Provide Sexual Harassment Trainings to Independent Contractors

All real estate salespersons in NYC, which includes Manhattan, Queens, Brooklyn, Staten Island and the Bronx, must receive sexual harassment training if there are more than fifteen (15) employees/independent contractors in the brokerage.

The NYC Commission on Human Rights recently released guidance on the "Stop Sexual Harassment Act" which requires employers to provide sexual harassment training to its employees on an annual basis.  

Of particular importance to real estate brokers, the guidance clarifies that the law requires all employers with fifteen (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. All brokers who have more than 15 employees/independent contractors must ensure they are compliant with the new law which takes effect on April 1, 2019.

Brokers should visit - sexualharassmenttrainingny.com - to get your agents trained today.



Friday, November 09, 2018

Why Employers Should Outsource Sexual Harassment Trainings & Policies

Many employers are saying that they will write sexual harassment policies and conduct the mandatory trainings themselves, but they will quickly find that doing it themselves is a big mistake.

Beyond the heavy burden of compliance with Labor Law 201-g (NYS) and Local Law 96 (NYC), employers who do the trainings themselves will have to repeatedly train their staff every time they have a new hire (NYS requires as soon as possible from start date whereas NYC requires training within 90 days). 

Moreover, there are ramifications for employers who do not have their employees take the training (i.e., it's a misdemeanor and likely will trigger an EPLI insurance provider to disclaim coverage in a prospective sex discrimination lawsuit). With risk avoidance being the key to these new laws, a sexual harassment vendor should offer the following:
  1. A system to track that employees took the training in anticipation of a Department of Labor audit;
  2. 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;
  3. 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
  4. Most importantly, a digital on-demand product because the training needs to be instantly available to new employees 
Lieb Compliance offer employers a web-based, on-demand interactive video training platform. While we understand that there are many vendors who train on sexual harassment, most of them don't offer online trainings in compliance with both Labor Law 201-g and Local Law 96. Further, most don't offer to digitally distribute a branded company policy and a tailored complaint form, which are both required under laws. Still further, 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. Please understand that our system goes above and beyond to make compliance easy. We include security checkpoints, randomized quiz questions, note-taking, and the ability for employees to ask questions of the instructor. We even offer monthly user reports so employers can monitor their team's compliance.  


Many "lawyers" teach, but being licensed isn't enough, being dynamic is everything when presenting emotion-ridden topics to employees. Our courses are led by Andrew Lieb, Esq., who founded Lieb Compliance and is our Chief Compliance Officer. Andrew is a prolific author and has trained tens of thousands of employees and independent contractors nationally on compliance topics. He's taught on the college level (human sexuality), he's taught corporate compliance and he even operates a New York State licensed school. Simply stated, he's our secret sauce. 

We encourage you to learn more about our Sexual Harassment Prevention Trainings and Services.



Monday, October 29, 2018

Sexual Harassment - 3 reasons why the NYS sample policy is just not enough.

Yes, New York State provides a sample policy for sexual harassment prevention. Make no mistake this policy is a great start for employers, but to use this policy without more is a big mistake. Here are 3 reasons why the NYS sample policy is just not enough:

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.


Attention Brokers - What should you do if your prospective seller has a Lis Pendens on their property with public records?

Most importantly, a Lis Pendens does not necessarily mean that there is a foreclosure on the property. Instead, a Lis Pendens simply means that a lawsuit has been filed against the property. This lawsuit could be a foreclosure, but it could also be a lawsuit for partition, adverse possession, prescriptive easement, constructive trust, specific performance, as well as many other topics.

So, first and foremost don't assume that there is a foreclosure on the property, but instead make inquiry as to the Lis Pendens.

  • Step 1 - Ask the homeowner the nature of the lawsuit on the property.
  • Step 2 - Inquire if you can talk to the homeowner's attorney to learn whether the lawsuit will be an impediment to selling the property (e.g., a specific performance lawsuit by a prior purchaser can make it impossible to sell the house whereas a foreclosure lawsuit with a house with equity remains a viable sale and a foreclosure lawsuit with a house without equity can be sold as a short sale).
  • Step 3 - Assuming the lawsuit is a foreclosure, determine when the lawsuit was filed with the county clerk because if it was years ago its going to be very hard to sell the house before the auction (i.e., you can sell up until the auction as long as the seller can payoff the loan or if the lender takes a short payoff) and the homeowner likely defaulted on the lawsuit (i.e., they lost for inaction).
  • Step 4 - If it is a foreclosure, help the homeowner to order payoff letters from their lenders in order to ascertain the precise amount owed (i.e., its not just the loan, but also the penalties, interest and attorneys' fees that are owed when the property is in foreclosure).  
  • Step 5 - Workup a brokers' price opinion for the house as a distressed sale.
  • Step 6 - Calculate closing costs for your seller.
  • Step 7 - Determine if the seller has enough equity to close without dipping into their own pocketbook (i.e., compare the BPO with the payoffs and the closing costs). 
  • Step 8 - If there is enough equity, list the house fast; if not, advise the seller that you can only list the property as a short sale (i.e., subject to bank approval with a short payoff).
REMEMBER - the bank doesn't stop the foreclosure process when a short sale is being sought, so you must insist that your listing is subject to the seller fighting the foreclosure with a competent foreclosure defense attorney - otherwise you will likely waste your time / money on this listing.

The advantage of a short sale over a foreclosure is #1 avoiding a deficiency judgment (i.e., judgment that can be enforced for 20 years for the amount the property is underwater). 

To learn about foreclosure / short sales / Lis Pendens and more - take our CE course, Foreclosure & Short Sales ONLINE.


Thursday, October 25, 2018

Steven Siliato, Esq. Interviewed on Realife Radio 88.3FM (NPR)

Monday, October 22, 2018

BYOB Is Illegal: There’s Much to Consider When Opening a Restaurant

There are a ton of steps that you need to go through before your grand opening. You need to buy or rent space, make permit / zoning applications, renovate the space, enter into a ton of contracts, establishing an entity, creating banking relationships, enlist a credit card processor, hire staff, train that staff, establish vendor relationships, hire a chef, create a menu, establish an online presence, market, market and then do some more marketing.

Did you know that BYOB is illegal in the State of New York?

Friday, October 19, 2018

NY Employees Must Receive Sexual Harassment Prevention Training

State requires businesses to give annual training sessions to safeguard their workplace.

ALERT: New section 201-g of the New York State Labor Law provides that “sexual harassment prevention training shall be provided to all employees on an annual basis.”


Friday, October 12, 2018

Lights, Cabinets, Legal Action? Incredible Interior Designers Require Licensing

Unlicensed practice of interior design is punishable as a class E felony in NY.

In New York State, not just anyone can work as an interior designer. In fact, only a licensee, known as a Certified Interior Designer (CID), may prepare and administer “interior design documents (including drawings, schedules and specifications) which pertain to the planning and design of interior spaces including furnishings, layouts, fixtures, cabinetry, lighting, finishes, materials, and interior construction not materially related to or materially affecting the building systems” pursuant to Education Law §8303.

Read the full article by Andrew Lieb, Esq. here


Thursday, October 11, 2018

Lieb at Law is Hiring a Junior Associate Attorney (Litigation & Compliance)

Lieb at Law, P.C. is seeking an associate attorney for its widely expanding litigation and compliance practice. Attorney will be expected to handle pleadings, discovery, motion practice, and court appearances for matters related to real estate, estates, corporate and employment law. 

Desired qualifications:
  • demonstrated proficiency in legal writing and oral advocacy;
  • dedicated and detail-orientated;
  • ability to prepare illustrative, engaging materials for compliance trainings;
  • digitally savvy, must be comfortable in paperless office with cloud based systems
Will consider 2018 Law School Graduates.
The firm’s practice areas include:
  • 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.
  • Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations.
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 for 7,500 + students. 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 firm's sister company, Lieb Compliance is a national compliance company providing in-person and video trainings to fortune 500 companies.

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, employment 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.

Tuesday, October 09, 2018

Sexual Harassment Prevention Trainings & Policy Required STARTING TODAY

Today is October 9, 2018

Employers are now required to have distributed a sexual harassment prevention policy.

Also, the 1 year clock to train your employees starts now!

Lieb Compliance already has users on our system - sexualharassmenttrainingny.com

We solve this compliance issue 100% and make it fun for your staff to be compliant.

Services include:

  • On-Demand,Web-Based & Interactive 
  • Presented by premier lecturer and employment law litigator, Andrew Lieb
  • Platform works on PCs, MACs, IPADs or TABLETS (full internet access required)
  • Custom & downloadable Sexual Harassment Policy & Complaint Form customizedto Employer
  • Digital signature acknowledgement of policy & training 
  • In-class note taking
  • In-class commenting
  • Interactive instructor communication
  • Security checkpoints
  • Randomized quiz questions
  • Certificate of completion 
  • Monthly user reporting for employers

Monday, October 08, 2018

How To Renew Your Real Estate License In New York State

Your license is regulated by the Department of State, New York (DOS) and NOT by any real estate school or trade organization.

Every 2 years, licensed real estate brokers and salespersons in the State of New York are required to take 22.5 continuing education credits

  • 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
  • 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles.

To renew your license with the Department of State, follow these steps:
Step 1: Click on www.dos.ny.gov/licensing/eaccessny.html
Step 2: Select "Access My Account"
Step 3: Log into your account using your established User ID and Password. If you forgot your password, please use the "Forgot your password?" function located below the logon area. If you have NEVER logged on to your account, then e-mail eAccessNY@dos.ny.gov and they will e-mail you a temporary password. Please use that temporary password to log on and set up a permanent password and secret question.
Step 4: Select "List of Licenses" / select the license number issued by the Department of State
Step 5: Select "Renew License" and complete the online application


Important information- Please read carefully prior to submitting your license renewal.

  • Be a licensed real estate broker; AND
  • Have maintained continuous licensure from July 1, 1993 to present (There can be no breaks in licensure for reasons such as late renewal submission); AND
  • Be engaged full-time in the real estate business.

The DOS conducts routine audits for compliance with continuing education requirements. If you are the subject of an audit, you must provide course completion certificates or satisfactory proof that you are exempt from this requirement. 
Be advised that the NAR Code of Ethics course may be credited for continuing education but DOES NOT meet the 3 hour fair housing requirement.
The law does provide for an exemption from the continuing education requirement. To qualify for the exemption you must be able to demonstrate the following criteria:
An attorney admitted to the New York State bar is also exempt from the continuing education requirement. Real estate salespersons are never exempt from the continuing education requirement. 
If there are deficiencies within your renewal application, you will receive a letter from the DOS requesting additional information; otherwise, allow three weeks to receive your License and Photo ID card. Your license and photo ID card will be mailed separately.
For additional help with license renewal, click here 

For LIVE and VIDEO Real Estate Continuing Education Classes, click here


Friday, October 05, 2018

NYREJ Announce Yankovich and Siliato join Lieb at Law

We are happy to be featured in the New York Real Estate Journal and are THRILLED that Mordy Yankovich and Steven Siliato joined Lieb at Law, P.C.

Read about them here! 

Monday, October 01, 2018

LEGAL UPDATE | NY Employers Must Provide A Sexual Harassment Prevention Policy BY 10/9/18

According to the Department of Labor "All employers must adopt and provide a sexual harassment prevention policy to all employees by October 9, 2018."

These policies must be distributed in writing or electronically. Employers are also encouraged to have employees acknowledge receipt of the policy and to post a copy of the policy where employees can easily access it.

If your company already has a sexual harassment policy, make sure that it meets or exceeds the newly required minimum standards.

Lieb Compliance provides custom policies and trainings that meet all standards. Contact us today at info@liebcompliance.com or 646.216.8038

http://www.sexualharassmenttrainingny.com/

Friday, September 28, 2018

What Employers Need To Know About Sexual Harassment Training In NY





http://www.sexualharassmenttrainingny.com/

Andrew Lieb Discusses New Law | Employers Must Provide Sexual Harassment Trainings

Thursday, September 27, 2018

Schools, First Responders & Local Governments Must Conduct Sexual Harassment Prevention Training

New York State recently passed legislation requiring all employers to conduct sexual harassment prevention training for their employees and establish a sexual harassment prevention policy. The law is effective October 9, 2018. Recent guidance issued by the Department of Labor clarified that all employers must train their employees between October 9, 2018 and January 1, 2019 and on an annual basis thereafter. In addition, all new employees must be trained within thirty (30) days of their start date.

"All Employers" required to conduct sexual harassment prevention training and establish sexual harassment prevention policies include both private and public employers. Therefore, state and local governments and agencies, towns, police departments, fire departments, school districts and all other public employers must comply with these new regulations.

For more information visit: http://www.sexualharassmenttrainingny.com/

Less than 2 Weeks until Mandatory Sexual Harassment Prevention Trainings

We are on the countdown until the start of mandatory sexual harassment trainings in NYS.

Just 2 weeks until the October 9 start date. Remember, all employees must be trained  between October 9th, 2018 and January 1st, 2019. 

Visit sexualharassmenttrainingny.com to register for onsite, on-demand web-based interactive videos and/or live trainings at our training center at 308 W. Main Street, Smithtown New York.

All trainings will be instructed by employment law litigators so that our content is immersive with real world examples.


To schedule your company's training, simply fill out this form and you will be contacted by a representative ASAP.

Monday, September 17, 2018

NEW LAW: Mandatory Sexual Harassment Prevention Trainings For ALL NEW YORK EMPLOYEES

http://www.sexualharassmenttrainingny.com/

Every employer in New York State is required to provide employees with sexual harassment prevention training, which is administered in compliance with the requirements of Section 201-g of the Labor Law.

Every employer in New York City is also required to provide employees with sexual harassment prevention training, which is administered in compliance with the requirements of Local Law 96.

WHAT YOU NEED TO KNOW:
  • Between 10/9/18 and 1/1/19 all employees must be trained
  • All new employees must be trained within 30 days of start date
  • All employees must be trained annually
  • Employers must maintain proof of training attendance
  • Employers must maintain written acceptance of employer’s sexual harassment policy
  • NYC requires posters and information sheets
Lieb Compliance offers compliance with everything from policies to trainings.
Trainings are available:
All content is immersive with real world examples.

All trainings are conducted by employment law litigators.

Thursday, September 13, 2018

Andrew Lieb, Esq. and Dennis Valet, Esq. named NY Metro Rising Stars for 2018 from Super Lawyers

Lieb at Law, P.C. is proud to announce Super Lawyers has recognized Andrew Lieb Esq. and Dennis Valet Esq. as NY Metro Rising Stars for 2018. This is Andrew Lieb's 5th year in a row and Dennis Valet's 3rd year in a row with such honor. Only 2.5% of the attorneys in the state were selected.


Friday, September 07, 2018

Sports Tickets for Real Estate Attorneys - Title Regulation Annulled - Game On

Insurance Regulation 208 has been annulled in the Article 78 case of New York State Land Title Association, Inc.; The Great American Title Agency, Inc.; and Venture Title Agency, Inc. v. The New York State Department of Financial Services; and Maria Vullo, in her official capacity as Superintendent of the New York State Department of Financial Services.

As a result, and unless the decision is reversed, sports tickets for real estate attorneys are available anew from title companies. However, can an attorney ethically accept such tickets without running afoul of Rule 1.8(f) of the Rules of Professional Conduct? 


Advising Employers to Take Preventative Measures to Avoid Costly and Disruptive Litigation

With New York State enacting new protections for employees at a feverish pace, it is more imperative than ever to advise employers of preventative measures they can take to avoid potential violations of the many federal, state and local employment laws. These laws include but are not limited to Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the New York State Human Rights Law, the New York Labor Law, and the Suffolk County Human Rights Law. This article reviews several practices employers should implement to minimize potential exposure to costly and disruptive litigation.

Read the full article by Mordy Yankovich, Esq. in The Suffolk Lawyer here

Wednesday, September 05, 2018

Career Opportunity | Lieb at Law | Real Estate Paralegal

Job Description

Lieb at Law, P.C. seeks a digitally savvy, detail oriented and self-starter to join our boutique firm as we rapidly expand our footprint. The firm services the New York Metro area, inclusive of the Hamptons and Manhattan and represents the largest real estate brokerage and title companies in the State of New York. Moreover, 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. The firm is a paperless office, with use of cloud based programs to leverage efficiencies. All must be extremely technologically savvy to excel in our environment. Must be friendly, charismatic and independently motivated and organized. A large part of this job is managing relationships with clients, vendors and referrals. Opportunity for career growth.
Responsibilities:
  • Drafting contracts of sale
  • Ordering and reviewing title reports and surveys
  • Preparing closing statements
  • Miscellaneous Clerical Work such as answering telephones, distributing mail and deliveries, announcing visitors, maintaining office appearance, watering plans, making coffee.
  • Managing calendar / scheduling meetings
  • Managing and building relationships with clients and referrals
  • Managing and building relationships with 3rd parties / vendors
  • New business intake specialist
  • Ordering title reports and surveys
  • Digital File Organization
Requirements:
  • Tech Friendly / Strong Computer Skills
  • Self-sufficient & take pride in work product
  • Charismatic and friendly
  • Organized
  • Demonstrative and assertive
  • Proficient in Microsoft Word, Excel, Google Calendar and Social Media
  • Minimum Associates Degree from accredited college. Bachelor’s Degree preferred

TO APPLY: EMAIL RESUME TO CAREERS@LIEBATLAW.COM