LIEB BLOG

Legal Analysts

Tuesday, March 20, 2018

Brand New FREE Lieb CE | Listing Agents - Claims of Ownership | Southampton


Date: April 19, 2018
Time: 3:30pm to 7:15pm
Instructor: Andrew Lieb Esq
Price: FREE, FUN WITH FOOD*
Location: 230 Elm in Southampton

*FOOD Provided by Class Sponsors: Douglas Elliman Real Estate, DE Title Services, Citizens Bank and Behind The Hedges (DANS PAPERS)

Wednesday, March 07, 2018

Lieb at Law is Hiring | Litigation Attorney | Complex Motion Writer | Legal Strategist | Smithtown


Lieb at Law, P.C. seeks an experienced attorney to join our boutique firm as we rapidly expand our footprint and seek new high quality litigators. The firm services the New York Metro area, inclusive of the Hamptons and Manhattan. In the summer of 2018, the firm is moving from Center Moriches to Smithtown and opening up a new state of the art training facility. We are looking for a complex motion writer / legal strategist to join our team. This is an opportunity for someone who wants to work on interesting and complex cases with endless career opportunities. This person will manage high profile commercial litigation cases (Plaintiff & Defense).

The firm’s practice areas include:

  • Litigation: Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Discrimination and Estate Litigation.
  • Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings. Focus on real estate brokerage and title insurance industries. 
  • 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. 


Qualifications: 

Candidate must be seasoned in motion practice, oral arguments, depositions, and trial preparation. Appeals and Trials are a plus, but not required. Must be technologically savvy as the firm is a paperless office that leverages cloud based systems to streamline operations. Most importantly, the candidate must be a strategic and technical litigator who leads with substance rather than emotion. The firm’s motto is “no case, no statute, no talk”.

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.  

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.

Notable Clients:
  • Largest Real Estate Brokerage firm in the State of New York
  • Largest Title Insurance company in the State of New York
  • Lieb School: New York State / Connecticut Real Estate School
  • Small and medium size businesses and property owners 
  • High net worth individuals
To apply: Email Cover Letter & Resume to careers@liebatlaw.com 

Monday, February 26, 2018

DOJ Launches Sexual Harassment in Housing Initiative


The Civil Rights Division of the Department of Justice announced a new initiative that brings local law enforcement, legal service providers, and DOJ officials together in order to encourage victims to report instances of sexual harassment, increase awareness, assist in obtaining necessary resources for relief, and ultimately, continue the vigorous enforcement of the Fair Housing Act’s ban on sexual harassment.

This initiative stemmed from four cases in 2017, wherein DOJ recovered over $1 million in damages for claims of sexual harassment and violations of the Fair Housing Act. Two of those cases are U.S. v. Kansas City, Kansas Housing Authority and U.S. v. Tjoelker.

On September 29, 2017, DOJ executed a settlement agreement resolving a case against Kansas City Kansas Housing Authority (KCKHA). The Complaint alleged KCKHA employees engaged in a pattern or practice of sexually harassing female housing applicants and residents. One defendant even admitted in sworn deposition testimony that he exposed himself to multiple females. In the agreement, the fourteen aggrieved females were awarded $360,000 in monetary damages. In addition, KCKHA was ordered to implement a written policy against sexual harassment, including a formal complaint procedure to be approved by DOJ and to pay a $5,000 civil penalty to the United States.

On October 3, 2017, DOJ also executed a settlement agreement against Frank Tjoelker, owner and/or manager of rental dwellings in Grand Rapids, Michigan. The Complaint also alleged that he engaged in a pattern or practice of sexually harassing actual and prospective female tenants. Allegations include unwelcome sexual comments and advances, unwanted groping or touching, offers for housing benefits in exchange for sexual favors, and taking or threats of taking adverse housing actions for those who object to such harassment or refuse to grant sexual favors. Under the settlement agreement, Tjoelker was ordered to pay $140,000 to compensate the ten victims and a $10,000 civil penalty to the United States.

Although DOJ only executed settlement agreements to obtain resolutions on the above-mentioned cases and such agreements are binding only among the parties involved, it is likely that DOJ will apply similar penalties in future settlement agreements or decisions on violations of the Fair Housing Act’s sexual harassment ban. See U.S. v. Bailey, U.S. v. Barnason, and U.S. v. Bathrick.

In this regard, as evidence of good faith compliance with the Fair Housing Act, real estate professionals are encouraged to establish written policies against sexual harassment, to train their employees and agents to identify and refrain from engaging in acts of sexual harassment, and to establish procedures for handling complaints.

Monday, February 19, 2018

House Approves ADA Education and Reform Act of 2017

The US House of Representatives approved the “ADA Education and Reform Act of 2017” or H.R. 620 with a 225-192 vote. This Bill will change the face of commercial real estate disability law immediately when signed by the President. Specifically, the Bill provides for a new notice and cure period as a condition precedent to civil suit. As such, commercial property owners should immediately implement a policy to demonstrate good faith that is triggered by receipt of a notice. Further, defense counsel should leverage this new law as a procedural basis to dismiss claims against commercial real estate clients.

As an aside, the Bill also provides for educational programs designed to promote public accommodations for persons with a disability, but such programs will require regulations prior to implementation so it is unknown how such programs will ultimately look. Regardless, the Bill provides for training of professionals whose job it is to assess accessibility of properties, such as Certified Access Specialists (CASp). The CASp program was created through California Senate Bill 262 and currently, New York does not have a similar program in place. Nonetheless, New York commercial real estate professionals may hire accessibility specialists certified by the International Code Council or similar programs.

As such, commercial real estate professionals should immediately learn more about these specialists to obtain an immediate assessment of their properties as it seems that a positive finding of compliance will be a good mitigator to suit.

To track H.R. 620’s progress through the Senate, use Govtrack.

Monday, February 12, 2018

Top 10 Real Estate Laws of 2017

Now that 2018 is here it is important to be aware of the changes in the law for our industry. This is not a list about the best events from 2017, but instead, a list that highlights the new legal landscape
that real estate attorneys face in 2018. Being familiar with these laws, regulations and opinions may help Attorneys better address their client’s goals and make them money while helping them
avoid malpractice.

Here is a link to the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer.