Attorney Andrew Lieb Comments on Trump Organization Being Found Guilty of Tax Fraud on CBS 2 NY.

In New York all real estate licensees (real estate salespersons, brokers, and associate brokers) must receive 22.5 hours of continuing education every 2 years to stay licensed. Part of the requirement is a 2 hour class on cultural competency. 

Lieb School offers a web-based video (on-demand) class that satisfies the NY continuing education requirement of cultural competency. This course also satisfies the cultural competency requirement to obtain a broker's license. 

To learn more about and register for the Cultural Competency class CLICK HERE. 

For more information on our on-demand real estate continuing education courses and $99 license renewal package CLICK HERE. 

All Lieb School courses are instructed by Attorney Andrew Lieb. 

 Attorney Andrew Lieb appeared on FOX LIVE for a comprehensive analysis on the oath keepers founder convicted of sedition in Jan 6th attack. 

Attorney Andrew Lieb comments on how Kanye West sexual harassment allegations could affect adidas legally 

In New York State and under the New York State Human Rights Law, a discrimination lawsuit generally must be commenced within three-years of the wrong complained of for the lawsuit to be timely and actionable. 

However, a federal employment discrimination case must be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days of the wrong for a federal claim, under Title VII, to be actionable. Yet, no federal lawsuit can be filed until the EEOC issues a right to sue letter.

So, what happens when an employee wants to file both a federal and state claim? Specifically, what happens if the right to sue letter isn't issued until after the expiration of the three-year New York State deadline? 

The Appellate Division, First Department, just answered that question in Gabin v Greenwich House, Inc.

The court ruled that NYS Administrative Code section 8-502(d) tolls (a/k/a, freezes) the counting of the three-year period under state law during the period from when a charge is first filed with the EEOC until the right to sue letter is issued.

People are often shocked to learn that their attorney can and, sometimes, should advise them to breach a contract. This shock is probably because of the known fact that if anyone else advises their client to breach a contract, even if it would be in their best interest, such advice could constitute an actionable wrong by the advising party that would get them sued for tortious interference with a contract.

However, that is not the case for attorneys. 

As the Appellate Division, Second Department, recently reminded us in Asamblea De Iglesias Christianas, Inc. v DeVito, 

"Absent a showing of fraud or collusion, or of a malicious or tortious act, an attorney is not liable to third parties for purported injuries caused by services performed on behalf of a client or advice offered to that client" (id.; see Doo v Berger, 227 AD2d 435, 436).

This is really important case law because sometimes the exposure (a/k/a, cost) of the breach is less than the cost of honoring the contract and therefore, businesses and individuals alike can be better off by not being bound by their word and a breach might be advisable. So, before you act on a contract that is giving you second thoughts, don't see your best friend, see your attorney.