LIEB BLOG

Legal Analysts

Wednesday, November 23, 2022

Senate Finance Committee Chairman Ron Wyden Must Act under Internal Revenue Code 6103(f)(1) to Get Trump's Tax Records

SCOTUS' decision on Trump's taxes going to the Ways and Means Committee is being talked about as problematic because the Republicans will be taking control of the Committee and have no interest in the records. 


However, the law that was before SCOTUS doesn't just authorize the Chairman of Ways and Means to get the records, it also authorizes the Senate Finance Committee Chair to request and be furnished with such records. 


Specifically, Internal Revenue Code 6103(f)(1) reads:

Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary shall furnish such committee with any return or return information specified in such request, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.


So, why hasn't Democratic Senate Finance Committee Chairman Ron Wyden requested the records given that the Democrats will maintain control of the Senate? That's the question. Inaction appears to be yet another example of the Democrats being ineffective at politics given they can easily moot the issue of the Republicans killing the Trump tax record review and report in the House. One can only guess why they don't act and aggressively seize the narrative.




Tuesday, November 22, 2022

New Lawful Work Absence Wage & Hour Employment Law

Starting on February 19, 2023, employers are going to be subject to claims of retaliation if they discipline their workers for legally protected absences because Governor Hochul has signed A8092B


Specifically, Labor Law section 215 was amended to make clear that absences protected by federal, local, or state law, which result in discharge or penalty are now subject to a lawsuit that can result in liquidated damages, costs and attorneys' fees.


This new law further clarifies that actionable discipline includes "assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action, which may include but not be limited to failure to receive a promotion or loss of pay."






New Mortgage Default Law as New York Home Prices Tumble

On November 22, 2022, Governor Hochul signed A3081 into law, which immediately prohibits the registration of mortgages in default prior to the filing of a notice of pendency. This is on the same day that the homepage of Newsday reads "Long Island homebuyers see highest rate of price cuts since 2019." It seems like foreclosures are on everyone's mind this Thanksgiving season. 

The new law can be found at Real Property Actions and Proceedings Law section 1393 and it basically cuts against the trend of local towns and villages enacting laws that require lenders to maintain foreclosed property - for example, here is the one in Smithtown New York. Specifically, it restricts these laws, which are problematic because they often required action on defaulted mortgages that were not yet in suit. Now, this new law requires a notice of pendency to have first been filed in a court before these laws can be effective. Smart.

Regardless, this is the beginning of the new focus on foreclosure trend that will be coming to all of us soon when we all start paying our heating bills.

Happy Thanksgiving.


 

Wednesday, November 16, 2022

Court TV (Part 3): Attorney Andrew Lieb Says "Alec Baldwin Should Have Kept His Mouth Shut"

 Attorney Andrew Lieb Says "Alec Baldwin Should Have Kept His Mouth Shut" on Court TV. 




Court TV (Part 2): Alec Baldwin Rust Set Shooting. Legal Analysis with Attorney Andrew Lieb

 Attorney Andrew Lieb appears on Court TV analyzing the Alec Baldwin "Rust" set shooting / lawsuit. 




Court TV (Part 1): Alec Baldwin Blames "Rust" Crew Members in Cross-Complaint. Analysis with Attorney Andrew Lieb

Attorney Andrew Lieb appears on @courttv analyzing Alec Baldwin blaming "Rust" crew members in cross-complaint 



FOX 5: Trump's Ex-CFO Allen Weisselberg Tax Fraud Trial. Legal Analysis With Attorney Andrew Lieb

 Attorney Andrew Lieb appears on FOX 5 to discuss Trump's Ex-CFO Allen Weisselberg Tax Fraud Trial. \



Monday, November 14, 2022

Employers in NY now REQUIRED to Display Veterans' Benefits Poster

Governor Hochul signed A3913B into law on 11/10/2022 and effective January 1, 2023 employers have yet another poster to display. This time it's about veterans. 


The poster is to be created by the Department of Labor in consultation with the Division of Veterans' Services. It will include important items like tax benefits, mental health treatment, workplace training, and legal services.


However, is another poster really the answer? It's getting to the point where offices are just going to have employee rights posters and no art on their walls at all. Why not make these laws as digital requirements?


Regardless, employers better post this poster as soon as it's available if they don't want to get sued for military status discrimination as not posting would be a really bad look in such a lawsuit. Plus, violating Labor Law 201-h can result in civil penalties by the Department of Labor.




Friday, November 11, 2022

PIX 11: 1 Person Hits $2B Powerball Jackpot: What Should They Do Legally? Analysis with Attorney Andrew Lieb

1 Person Hits $2B Powerball Jackpot: What Should They Do Legally? Analysis with Attorney Andrew Lieb.




Newsweek: How Tiffany Trump's Mar-a-Lago Wedding Could Be Ruined by Hurricane Nicole (Analysis with Attorney Andrew Lieb)