LIEB BLOG

Legal Analysts

Showing posts with label Legal Analysis. Show all posts
Showing posts with label Legal Analysis. Show all posts

Monday, February 26, 2024

Major Retaliation / Discrimination Case by NYS' Highest Court

On February 15, 2024, The New York State Court of Appeals issued their decision in the Matter of Clifton Park Apts., LLC v. New York State Div. of Human Rights. 


We now know that the "threat of litigation" may support a retaliation claim under the New York State Human Rights law (Executive Law 296). So, if you notice a claim of discrimination and the perpetrator then threatens suing you for other reasons, you likely have a retaliation claim in NYS. 


That's why it is imperative that victims immediately notice perpetrators of their claims in a notice of preservation, notice to insurance, and demand letter. This is how you protect yourself. 


To read the decision, click here.



Wednesday, July 05, 2023

CBS Radio: Legal Analyst Andrew Lieb Talks About The Supreme Court Blocking Biden's Student Loan Plan + Freedom of Speech Discrimination Ruling

Andrew Lieb, a Long Island attorney and legal analyst at Lieb at Law PC, recently spoke with CBS Radio regarding two important Supreme Court rulings. 


First, Lieb discussed the ruling on student debt forgiveness where the court disagreed with President Biden's plan for debt forgiveness. Lieb summarized the situation: "We're talking about this HEROES Act and the Biden administration has relied on this act...And the question becomes does the HEROES Act give the Biden administration the power they want?" The Supreme Court's decision effectively denies the administration's ability to forgive debt based on this Act.


In the second case, Lieb shed light on LGBT discrimination by explaining that it was a freedom of speech case rather than a discrimination case, despite the headlines stating otherwise. The case involved a Christian graphic artist refusing to make specific websites about same-sex couples rather than refusing to work for LGBT people overall. Lieb clarified that the ruling does not permit the denial of services based on sexual orientation. Rather, it emphasizes that "certain creative people speak through their creativity...while you have to serve anyone...all she said is that when she writes the cake, she's not going to make a product with her speech that goes against what she wants to do." This distinction emphasizes that the court's ruling protects creative expression and not discriminatory practices.



Wednesday, June 14, 2023

Scripps News: Lieb's Legal Outlook on Trump's Indictment Case: Key Takeaways

Attorney Andrew Lieb recently delivered a comprehensive legal interpretation during his appearance on Scripps News, offering deep insights into the indictment case against former President Trump. Here are the key takeaways from his commentary:


The Importance of Discovery:

According to Lieb, the stage of litigation following arraignment will be an approximate year-long discovery. Discovery is an information exchange process where the defense counsel has the right to view what the evidence supporting the prosecutor's case, allowing them to prepare their defense based on the evidence at hand.


Anticipated Motions: 

In the context of this case, Lieb predicts a series of motions to suppress and dismiss the evidence presented by the prosecutors. This process of challenging the evidence is critical for the defense in ensuring any evidence used in the trial is obtained properly and is relevant.


Role of the Defense Team:

Lieb believes the defense team's immediate task should be to take charge of the case, turning it from a political show into a serious criminal defense case. This involves ensuring their client refrains from making potentially damaging public speeches and focusing on evaluating the evidence at hand.


Fourth Amendment Implications:

Lieb noted that improper acquisition of evidence could lead to motions for suppression based on Fourth Amendment rights, which protect against unreasonable searches and seizures. This approach could potentially impact what evidence is deemed admissible in the trial.


Implications for Future Proceedings:

As the case unfolds, Lieb anticipates many of the decisions made by the judge to be appealed to the 11th circuit, which may set precedent for future high-profile cases.



FOX LiveNOW: Andrew Lieb Sheds Light on Trump’s Federal Arraignment: An Overview

In a recent interview with LiveNow from Fox, Andrew Lieb, an attorney at Lieb at Law, offered insight into former President Donald Trump's federal arraignment. The case at hand revolves around accusations that Trump misused classified documents and obstructed justice.


Lieb explained that the investigation was being led by Special Counsel Jack Smith, appointed by Attorney General Merrick Garland. The probe's scope includes an examination of Trump's handling of classified documents at his Mar-a-Lago estate and the events of January 6th. However, the current arraignment focuses solely on the former.


While the investigation began under Judge Canon, the arraignment itself will be overseen by Magistrate Judge Goodman. The chief contention is what Trump did with classified documents after leaving office, including his alleged obstruction of returning these documents and the potential violation of the Espionage Act.


Trump reportedly paid someone to record conversations in which he acknowledged the classified status of certain documents. This revelation is a significant component of the indictment. The maximum penalty for these charges amounts to 400 years, although Lieb was clear to specify that this is a theoretical maximum, not a sentencing guideline.


The arraignment process was outlined as a relatively straightforward procedure. It typically involves the entry of a plea, and in Trump's case, the expectation is a plea of not guilty. However, the process of capturing images and video will be heavily restricted within federal court, and there will be no mug shots due to perceived security risks.


Moving forward, Lieb anticipates Trump will face trial, and given federal prosecutors' historically high conviction rates, he sees it likely that the former President could face prison time. It’s also worth noting that this arraignment is only one part of several potential legal issues for Trump, with potential grand jury proceedings in DC and investigations in Georgia yet to play out.


Addressing the crowds gathered outside the courthouse, Lieb expressed hopes for peaceful protests. He reiterated that it's essential for the judiciary to run its course without violent interruption, regardless of public opinion. He pointed out that Trump would have a jury largely composed of his peers in Florida, a state with a Republican majority.



Tuesday, April 08, 2014

Fredrik’s Fiduciary Duty – Million Dollar Listing New York

Fredrik Eklund: Photo http://www.bravotv.com/


Spoiler Alert: The below is a legal analysis of Fredrik Eklund's role in the April 2, 2014 Season 3, Episode 1 of Million Dollar Listing New York.

The premier of this season of Million Dollar Listing New York, The City Will Eat You Alive, places Douglas Elliman's Fredrik Eklund, in an ethical quandary and he comes out looking as professional as ever while making the deal for his client and getting a commission along the way.

In the episode, "Fredrik lands his dream listing, only to find out that the seller may be his worst nightmare". The Seller is a micromanager; sound familiar? He knows what he wants, $9.5M, and he makes it clear that he doesn't want to be bothered for anything less. However, Fredrik got an offer of $8M.

What should he do?

As a Licensed Real Estate Salesperson in the State of New York, an agent can have one of five types of agency with differing corresponding Fiduciary Duties dependent on the applicable agency type, to wit:


  1. Seller's Agent
  2. Buyer's Agent
  3. Dual Agent
  4. Dual Agent with Designated Sales Agent
  5. Broker's Agent


An agency relationship means the duties of a licensed individual in representing the interests of its principal in this context. Here, Fredrik was clearly a Seller's Agent, as his interests were aligned with the Seller; he was trying to get the Seller the most possible money in the transaction. In fact, the Agency Disclosure Form in the State of New York, states as to a Seller's Agent, the following: "A seller's agent does this by securing a buyer for the seller's home at a price and on terms acceptable to the seller". Conversely in the situation displayed in the episode, where Fredrik was receiving the $8M offer at the restaurant, Fredrik was meeting with a Buyer's Agent who had previously viewed the property at a Broker's Open House. The Buyer's Agent was clearly aligned with the Buyer's interests, offering a significantly lower number than the Ask. In fact, the Agency Disclosure Form in the State of New York, states as to a Buyer's Agent, the following: "The buyer's agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer". As a result, in the episode, the Buyer's Agent owed his Fiduciary Duties to the Buyer and Fredrik, the Seller's Agent, owed his Fiduciary Duties to the Seller.

To clarify, a Buyer's Agent and a Seller's Agent cannot work at the same brokerage company by operation of New York State Law. Instead, where two agents at the same company work an In-House Deal, representing the interests of different parties to the transaction, that type of agency is called a Dual Agent with Designated Sales Agent in New York State. However, where an agent represents the interest of the Seller and a different agent represents the interest of the Buyer there are two possible types of agency that can apply, with the dispositive factor as to the appropriate agency being whether the opposing agents work at the same brokerage company. If the agents work at the same brokerage company, the agency is called a Dual Agent with Designated Sales Agent. If the agents work at different brokerage companies, one agent would be the Seller's Agent and one agent would be the Buyer's Agent, which is the situation Fredrik was engaged in during this episode.

In a Dual Agent with Designated Sales Agent situation the agents have compromised Fiduciary Duties because they both report to the same supervisor. In fact, the New York State Agency Disclosure Form states, as to this conflict, the following: "The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty". Yet, Fredrik was a Seller's Agent, and as such, had the following Fiduciary Duties to his client, the Seller, including: (1) Confidentiality; (2) Obedience; (3) Loyalty; (4) Accountability; (5) Disclosure; and (6) Reasonable Care.

Which Fiduciary Duties were at play in the scenario faced by Fredrik when he received an $8M offer while his client didn't want to hear about anything below $9.5M?

Fredrik had two competing Fiduciary Duties in this scenario, one to be obedient to his Client's instructions and one to give full disclosure to his Client. So, on the one hand Fredrik had to listen to his client's direction to not bother him absent a full Ask offer, but on the other hand, Fredrik lacked the authority to reject the $8M offer without his Client's authority, which first required him to fully disclose the offer to his Client.

So what happened?

Fredrik chose right and advised his client of the offer in the face of knowing all the while that he was going to be lambasted for making the call. To know that Fredrik's decision was correct an agent only needs to do a Cost / Benefit Analysis of the choices. The worst case scenario in telling your client that they received an offer below the Ask is that they are unhappy and give you grief about wasting their time. However, the worst case scenario in not disclosing an offer to your Client is that the Client claims that you breached your Fiduciary Duties and makes a complaint to the Department of State charging you with a License Law Violation. In fact, the Department of State has previously suspended a real estate agent's license for a period of six months for failing to transmit an offer and also failing to provide an agency disclosure form in a matter called Lemcke v. Department of State. So, it seems like a rather simple choice for a real estate agent faced with this predicament.

In Million Dollar Listing the choice was not only the safest, but the best for the agent and the Client as well. You see, by making the call and engaging his principal, the Seller, Fredrik initiated a dialogue that resulted in a deal at $8.8M. A win for the Seller, Buyer and the agents involved.