Monday, September 11, 2023
Newsnation: Attorney Andrew Lieb Discusses New Mexico Gun Ban Emergency Order: Is it Constitutional?
Friday, September 08, 2023
FOX LiveNOW: Attorney Andrew Lieb Discusses Florida Supreme Court Hearing Arguments on 15-Week Abortion Ban
Thursday, September 07, 2023
Employees Protected from Political Viewpoint Discrimination by Employers
Key Amendments
Now, the law defines:
"Political matters" as "matters relating to elections for political office, political parties, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization."
"Religious matters" as "matters relating to religious affiliation and practice and the decision to join or support any religious organization or association."
Under the amended law, employers cannot force employees to attend meetings or listen to / view communications primarily designed to express the employer’s opinions on Religious matters or Political matters.
There is also a notification requirement where employers must post a sign in workplaces informing employees of their rights as per this section.
Att'n Employers Wage Theft is NOW Larceny in NYS
Effective 9/6/2023, employers who steal wages are guilty of larceny under Penal Law 155.
Per the bill's, A154A, justification, "[a]ccording to Cornell University's Worker Institute, wage theft in New York accounts for nearly $1 billion in lost wages each year and affects tens of thousands of workers - that's close to $20 million per week."
Yet, employees who experience wage theft should also remember that they can bring civil claims to get that stolen money back through the New York Labor Law and Federal Fair Labor Standards Act, together with liquidated damages and more.
That means that if your employer takes your money or doesn't pay as frequently as required or doesn't pay overtime, you have rights to sue for your Wages and Hours.
Wednesday, September 06, 2023
FOX LiveNOW: Attorney Andrew Lieb Talking About Ex-Proud Boys Leader Sentencing
Newsmax: Elon Musk vs. Anti-Defamation League: Free Speech Fight or Frivolous Lawsuit? Attorney Andrew Lieb Trial
Tuesday, September 05, 2023
Newsmax: Political Analyst Andrew Lieb Breaks Down Trial Timeline for Trump's Multiple Indictments
One of the major topics Lieb discussed was the aggressive October timeline being pushed by Fulton County DA Fannie Willis for Trump's criminal trial related to election interference in Georgia. Lieb saw this as potential evidence of the political motivations at play, noting the complex nature of the case involving multiple defendants would make such a timeline unrealistic.
Lieb also pointed to the potential for Trump attorney Mark Meadows to move the case to federal court, which could significantly delay or alter the course of the prosecution.
Thursday, August 31, 2023
Newsmax: Political Analyst Andrew Lieb Discusses Climate Crisis, Maui Fire, & Hurricane Idalia
Lieb argued that politicians need to "triage" these situations by first expressing support and offering help to those affected, rather than immediately turning the conversation to policy debates. With so many lives lost and communities destroyed, Lieb said those impacted were unlikely to be thinking about climate change at that moment - the priority should be addressing the immediate humanitarian crisis.
Tuesday, August 29, 2023
Newsmax: Attorney Andrew Lieb Talks Geopolitical Implications of Iran & Saudi Arabia Joining Forces
Newsmax: Attorney Andrew Lieb Discusses Late Senator James Buckley's Legacy and Landmark Free Speech Case
FOX LiveNOW: Attorney Andrew Lieb Breaks Down Trump's Booking & Legal Complexities at Fulton County Jail
The Significance of the Mugshot
According to Lieb, this is the first instance where Trump will have a mugshot taken. While a mugshot is standard procedure for most defendants, Lieb notes that Trump managed to avoid this step in his previous three indictments. The absence of a mugshot in previous cases could potentially have legal ramifications, and the inclusion of one in this instance indicates that the Fulton County sheriff is adhering strictly to established procedures for all defendants.
Treatment by the Legal System
Andrew Lieb pointed out that in previous instances, Trump appeared to receive certain privileges uncommon for typical defendants, such as not having a mugshot taken. In Fulton County, however, the sheriff's department is treating Trump as they would any other defendant. This could be significant, as differential treatment of defendants can sometimes become a point of contention in legal proceedings.
Lieb offered that this may be the first time Trump is fully grasping the gravity of his legal situation. The contrast between Trump's known lavish lifestyle and the austere environment of a jail cell may underscore the severity of the legal procedures that he is currently undergoing. While Lieb suggests that the gravity may be setting in for Trump, it is, of course, speculative to determine a defendant's state of mind.
Co-Defendants to Consider
In addition to Trump, Andrew Lieb pointed out two co-defendants that merit attention: Kenneth Chesebro and Mark Meadows. These actions by co-defendants could introduce variables that affect the trajectory of the case.
Newsmax: Attorney Andrew Lieb Discusses Hearing in Mark Meadows' Removal Motion
Lieb explained that Meadows is arguing he was acting within his capacity as White House Chief of Staff during the events of January 6th. However, testifying about his subjective beliefs could be problematic for Meadows as a criminal defendant. Lieb said the outcome of Meadows' removal motion will be closely watched, as it could influence whether former President Trump pursues a similar federal court strategy.
Lieb also weighed in on the challenges of prosecuting all 19 January 6th defendants together. He doubted the logistics of fitting all the defendants, attorneys, and evidence into one courtroom. Through upcoming motion practice, Lieb expects attempts to either move the cases or split them apart for trial.
FOX LiveNOW: Attorney Andrew Lieb Analyzed Court Hearings for Meadows & Trump in Georgia and D.C.
Attorney Andrew Lieb joins LiveNOW from FOX on 8/28/23 at 9:30AM to discuss the legal proceedings for Trump and Meadows. Hearings could have major implications on transparency and Trump's legal liability in these election-related cases.
- Two major court cases discussed in the interview: Washington D.C. case regarding election interference charges. A hearing will determine if the trial date will be January 2024 (as prosecutors want) or April 2026 (as Trump wants). - Result was March 4, 2024.
- Georgia case involving "fake electors." A hearing was taking place to determine if the case stays in state court or is moved to federal court, as defendant Mark Meadows wants.
- If the Georgia case moves to federal court, cameras will not be allowed in the courtroom, removing transparency.
- Co-defendants' attempts to argue they were "acting under direction of Trump" directly implicates the former president in the alleged fake elector scheme.
- Trump benefits from wealth, power and influence in the legal system. He receives preferential treatment like quick release from jail compared to others facing similar charges.
- The many ongoing legal battles may energize Trump's base but hurt his chances in a general election by making him seem politically divisive and potentially guilty of crimes.
Friday, August 25, 2023
FOX LiveNOW: Political Analyst Andrew Lieb Discusses Trump Preparing To Surrender
- Lieb broke down the charges in the Georgia case, including the RICO charge alleging Trump and others formed a criminal enterprise to try to change the lawful election results. Fake elector documents and pressure on officials are also part of the allegations.
- The terms of Trump's release in Georgia notably include prohibitions on intimidating witnesses through social media posts, indicating this may be an area of focus for prosecutors.
- Upcoming dates include an arraignment the week of September 5th and Lieb questioned whether an October trial date will hold given issues around defendant requests for separate trials.
Lieb believes the Georgia case has the biggest scope of allegations and will be the most watched criminal trial in U.S. history given cameras will be allowed in the courtroom.
Thursday, August 24, 2023
Newsmax: Attorney Andrew Lieb Analyzes Legal Issues Surrounding Trump Investigations
FOX LiveNOW: Attorney Andrew Lieb on Giuliani, Trump, and Republican Debate
- Prior to his arrest, a $150K bond amount for Giuliani was agreed upon through a "consent" process.
- Trump is entangled in various legal battles, one of which is in Georgia, where he's accused of running a "criminal enterprise" to challenge the 2020 election results using false claims and pressuring officials.
- The Georgia trial will be broadcasted, allowing the public to observe the proceedings without bias.
- A recent document submission by Jack Smith suggests that the investigation in DC has led to a new witness, referred to as "employee 4," who decided to cooperate after seeking independent legal advice.
NYS Adds Protections to State's Human Rights Law (Anti-Discrimination Law)
On August 23, 2023, Gov Hochul signed A7355 and added protections for gender identity or expression to the New York State Human Rights Law (Executive Law 296-c) with respect to unpaid interns.
Wednesday, August 23, 2023
FOX LiveNOW: Political Commentator Andrew Lieb Analyzes Trump Surrender
- Andrew Lieb predicts the charges in Florida have the most full-proof evidence against Trump, where Trump is recorded admitting documents were not declassified and showing classified documents to others, including war plans with Iran.
- "Flipping" witnesses who make deals for immunity or lesser charges in exchange for testimony against others will be key. An IT employee at Mar-a-Lago has already "flipped" and says they were told to delete security footage.
- The cases against Trump could take years to play out through trials and appeals. Picking a jury for the RICO case alone may take 6 months.
- Trump may try to delay proceedings until a potential 2024 presidential run, but he'll have trouble campaigning while in court. Lieb thinks Trump will eventually take a plea deal if co-defendants flip.
"Statistically speaking, if I said, our friend, Rachel had 91 charges against her, it's not statistically probable that she's gonna get acquitted on all 91 of them." - Andrew Lieb
Monday, August 21, 2023
FOX LiveNOW: Attorney Andrew Lieb Discusses Kai Cenat Case and Social Media Responsibility
Thursday, August 17, 2023
Scripps News: Attorney Andrew Lieb Breaking Down GA Election Interference Indictment
Attorney Andrew Lieb joins Scripps News to analyze the biggest legal threat facing former President Trump in the Georgia election interference indictment. Lieb discusses how the RICO charges allow prosecutors to present a cohesive narrative to the jury, showing the defendants had an overall purpose to overturn the election results. He also explains how the inclusion of the word "fraud" in the indictment demonstrates this went beyond just words or politics, involving real forged documents and impersonation, making it difficult for the defense to claim this was just a protest with First Amendment protections.
Understanding Your Rights: Service Dogs, Discrimination, and the Law
Service dogs play a pivotal role in the lives of many individuals with disabilities, acting as their lifeline in countless situations. Given their importance, it's crucial for people to know their rights when it comes to these trained companions, especially in places of public accommodation and housing. Understanding the legal landscape surrounding service dogs is vital. Those with disabilities deserve to live without fear of discrimination, and it's imperative for facilities and establishments to understand and respect their rights.
The Legal Background:
By way of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), service dogs are widely acknowledged as reasonable accommodations for those with statutorily recognized disabilities. This recognition extends across the nation, covering a range of establishments, both public and private.
Should anyone find themselves denied these rights, they can legally bring forth a lawsuit for failure-to-accommodate. The range of potential damages is extensive, from recovery for emotional distress and other compensatory damages (like expenses that arose due to the denial) to punitive damages based on the circumstances and the intent behind the denial. Significantly, victims might be awarded attorneys' fees, ensuring they can secure top-notch representation without bearing the financial burden.
For a successful claim, victims must substantiate five key elements:
- Proof of a statutorily recognized disability.
- Evidence that the discriminator knew (or reasonably should have known) about the disability.
- The asserted accommodation (i.e., the service dog) should not pose undue hardship, making it reasonable.
- The service animal must directly address the needs of the person with the disability, signifying its necessity.
- There must have been a denial of the accommodation or a refusal to participate in the interactive process.
It's important to note that state laws can sometimes offer even more protection to victims. For instance, the New York State Human Rights Law expands on the federal definition of disabilities. Unlike federal law, it doesn't demand that an impairment substantially impacts a major life activity to be recognized. Given these intricacies, victims are advised to consult with a discrimination attorney before taking any action, apart from promptly documenting the 6 Ws of Discrimination: Who, What, When, Where, Why, and Witnesses. The process is far from simple.
Service Animal vs. Emotional Support Animal: The Distinction Matters:
It's pertinent to highlight the differentiation between a service animal and an emotional support animal. Under the ADA, this distinction becomes relevant in public places. Yet, under the FHA, both these categories are considered viable reasonable accommodations. Some states, like New York, recognize rights to emotional support animals at public places as well.
The bone of contention here lies in the inherent definitions. As per the Code of Federal Regulations, a service animal is explicitly trained to execute tasks or perform work benefiting an individual with a disability. This can range from physical and sensory disabilities to psychiatric or intellectual ones. In contrast, emotional support animals don't undergo such specialized training. It's essential to recognize that proving a service animal's training and the necessity of its skills requires evidence.
Relying on a conversation with a representative at the ADA is fraught with risk. The interpretation of the law should be grounded in statutes, regulations, and case law, not someone's subjective opinion. Facilities would do well to engage with their legal counsel in such situations and embark on the 'interactive process' as necessitated by the ADA.
Wednesday, August 16, 2023
Scripps News: Trump GA Indictment, Analysis with Andrew Lieb - Part 4
Scripps News: Trump GA Indictment, Analysis with Andrew Lieb - Part 3
Scripps News: Trump GA Indictment, Analysis with Andrew Lieb - Part 2
Scripps News: Trump GA Indictment, Analysis with Andrew Lieb - Part 1
Tuesday, August 15, 2023
FOX LiveNOW: Trump Georgia Indictment: What You Need to Know - Analysis with Attorney Andrew Lieb
The indictment alleges a "criminal organization" involving Trump and 18 others related to election interference in Georgia. It includes 19 counts and 98 pages detailing Trump's attempts to overturn the election results in the state. The indictment claims Trump solicited state officials and legislators to change the election outcome.
If convicted, Trump and the others face a minimum sentence of 5 years in prison under Georgia's racketeering statute. Lieb said many of the defendants may turn on each other to avoid jail time.
The case has the potential to restore faith in the justice system because the Georgia court will allow cameras, giving the public a firsthand view of the proceedings. This will be different from other cases against Trump that do not allow cameras.
Monday, August 14, 2023
Newsmax: Attorney Andrew Lieb Talking About Georgia Prosecutors About To File Charges Against Donald Trump.
The potential use of RICO statutes, or Georgia's anti-racketeering law, is under debate. Andrew stressed the fact that details, such as who exactly is indicted or whether RICO was even invoked, are still unclear. He advocates for a wait-and-see approach.
Additionally, Andrew illuminated the distinct reactions to the indictment from legal and political perspectives. Legally speaking, it's crucial to present just the necessary information to prevent a dismissal, but politically a robust speaking indictment would be far better.
New York Post - Attorney Andrew Lieb Interviewed on Workplace Rights / Union Implications
Attorney Andrew Lieb shared insights with the NY Post on workplace rights and union implications. While unions offer protections, they come with legal nuances. Addressing concerns internally, like through HR, is advised, yet unresolved issues may call for legal steps. Strikes, powerful yet consequential, need judicious thought. Lieb delves into factors like "strikes as a last resort" and the importance of a compliant workplace culture. #WorkplaceRights #UnionConsiderations #LegalInsights #StrikeResponsibly #LiebatLaw #EmployeeAdvocacy #attorneyandrewlieb #employmentlawyer #Sagaftra
Friday, August 11, 2023
FOX LiveNOW: Attorney Andrew Lieb on Trump Protection Order
Attorney Andrew Lieb joined LiveNOW from FOX to analyze Donald Trump's Protection Order.
Today, Trump's legal team fought prosecutors over the scope of a protective order in the January 6 conspiracy case against the former president. A protective order limits what Trump can publicly disclose about evidence and discovery in the case. But Trump argues it restricts his free speech rights as a presidential candidate. The judge will ultimately decide the scope of the order and how strictly Trump must follow it. Violating a protective order can lead to sanctions, fines and even jail time. But handling a case involving a former president and political candidate presents unique challenges. Attorney Lieb believes the judge will show little tolerance if Trump violates it.
Thursday, August 10, 2023
FOX LiveNOW: Attorney Andrew Lieb Analyzes SCOTUS' Ghost Guns Decision and Tory Lanez Sentencing
Attorney Andrew Lieb joined LiveNOW from FOX to both offer clarity and insight into the Supreme Court's decision to reinstate the regulation of ghost guns, and to analyze Rapper Tory Lanez' sentencing.
Ghost Guns: The Supreme Court's 5-4 decision to reinstate the regulation does not indicate a final stance on the regulation's substance. Rather, it's a preservation of the status quo pending appeal. Lieb's legal interpretation suggests that to address the ghost gun issue effectively, Congress might consider legislation to ensure that assembled guns and unassembled kits adhere to the same regulations, simplifying enforcement and closing potential legal loopholes.
The Lanez Conviction: The case of Tory Lanez's shooting of Megan Thee Stallion has legal circles and the public alike dissecting the intricacies of judicial sentencing. The ten-year sentence Lanez received, against the backdrop of the prosecution's 13-year recommendation and the potential 22+ year maximum. A criminal act was committed, and the judicial system delivered a sentence in response to it.
Newsmax: Attorney Andrew Lieb Defends State Denying Catholic Couple's Foster Application Due to Discrimination on Gender and Sexuality
Attorney Andrew Lieb joins Newsmax to debate with Heritage Foundation attorney about a lawsuit trying to let foster parents discriminate against children's sexual orientation by blaming free speech and religious rights. Lieb argues on behalf of the children from the perspective of the Massachusetts Department of Children and Families in defending the decision to deny the couple's foster application. He cites Massachusetts regulations requiring foster parents to support and affirm the sexual orientation and gender identities of LGBTQ foster children. Lieb claims this policy is needed to ensure vulnerable foster children know that they will be loved no matter who they are because the Constitution guarantees equal protection under the law.
Tuesday, August 08, 2023
MSNBC: Attorney Andrew Lieb Analyzes Trump's Indictment Allegations + Fake Electoral Scheme
Attorney Andrew Lieb joined MSNBC to dissect the latest charges brought forth against former President Donald Trump by Special Counsel Jack Smith. The in-depth discussion examined the complexities of the alleged fake electoral scheme devised by Trump and his co-conspirators, intending to reverse the 2020 election outcome. Lieb explained the historical precedents of such operations and highlighted how this case deviates. He also evaluated the potential consequences for the "fake electors" and projected what investigators might hope to glean from their testimonies. Beyond this, Lieb delved into Trump's defense strategy, specifically focusing on the invoked First Amendment rights.
Monday, August 07, 2023
MSNBC: Attorney Andrew Lieb Examines Trump's First Amendment Defense on MSNBC
Attorney Andrew Lieb appears on MSNBC to dissect the third indictment lodged against former President Donald Trump. As GOP members widely employ a First Amendment defense, Lieb systematically dismantles these claims by highlighting conspiracy as an exemption to free speech protections, invoking Justice Scalia's ruling in US v. Williams. Lieb underscores that this case transcends mere incitement allegations. Rather, it contends that Trump and his co-conspirators endeavored to manipulate state votes, exerted pressure on former Vice President Pence, and exploit the Capitol violence for their ulterior motives.