LIEB BLOG

Legal Analysts

Thursday, June 08, 2023

New York's Expanding Whistleblower Law: Empowering Employees or Encouraging Tattle-tailing on Taxes

The state's taxpayer whistleblower law was recently expanded by Part DD of S4009C, the state budget, and employers should be nervous because now employees can bring lawsuits on suspicion that their employer evaded their tax obligations. 


The whistleblower law, which is formally called The New York False Claims Act (FCA), allows whistleblowers to bring suits against individuals and entities that knowingly submit deceptive claims to the government, including tax fraud. Initially, claimants were limited to individuals with specific knowledge of the taxpayer's preparation process. However, as amended under S4009C, New York State Finance Law Art. 13 §189-h now enables claims against individuals or entities who deliberately evade tax obligations where claims can be advanced solely on suspicions. 


Given that the FCA allows whistleblowers to recover monetary damages of 30 percent of the government's recovery and that the government can recover three times the loss sustained by the state, it bodes to reason that disgruntled employees are quite incentivized to bring claims in selling out their employers. 


The amendment permits claims on tax concealments from May 3, 2020, but does not allow raising retroactive claims in pending cases. Individuals and business entities should immediately reassess their filing obligations and be clear on which employees have access to their records. 


As amended, the FCA is very likely to shake up the dynamic between bosses and employees. With enticing financial incentives on the line for successful whistleblowing claims, things are about to get interesting. 






Scripps News: The Supreme Court Upholding Ban On Racial Gerrymandering: Attorney Andrew Lieb Shares Insights

In an interview with Scripps News, Attorney Andrew Lieb discussed the court decision finding Alabama's congressional map in violation of the Voting Rights Act of 1965. Lieb provided insights on the implications of the ruling, highlighting its significance for voting rights in Alabama and nationwide.


The Impact on Voting Rights:

Lieb emphasized that the ruling is based on the 15th Amendment, an anti-discrimination law. The court found the district boundaries to be discriminatory, allowing only one African-American majority district. This decision reinforces the need to protect voting rights and prevent discrimination.


A Shift in the Supreme Court:

Lieb discussed Chief Justice John Roberts' role in the Supreme Court. Roberts aims to maintain the court's legitimacy by standing against discrimination. This decision represents his attempt to reassert influence and promote a balanced approach within the court.


Advocating Unity and a Future Free from Discrimination:

Attorney Andrew Lieb passionately reflects on the enduring discussions surrounding discrimination laws, acknowledging the difficulty of empathizing with others' experiences. He emphasizes the importance of anti-discrimination laws and encourages a discourse centered around supporting one another. Lieb calls for unity, urging a departure from tribal politics and envisioning a future where discrimination is eradicated.




Newsweek: Donald Trump Suffers the Worst Hit Yet in String of Legal Blows. Analysis with Attorney Andrew Lieb.

This Newsweek article covers the ongoing legal troubles of former President Donald Trump, focusing on the recent testimony of his Chief of Staff, Mark Meadows. As part of two federal investigations into Trump, Meadows was subpoenaed and reportedly answered questions possibly regarding Trump's attempts to overturn the 2020 election results, his actions surrounding the January 6 Capitol riot, and his retention of classified documents. Attorney Andrew Lieb suggests this could spell bad news for Trump, particularly if Meadows did not plead the Fifth Amendment because he managed to secure an immunity deal. This event follows other legal hits Trump has received, including being charged with 34 felony counts of falsifying business records in NY and being found liable in a civil sexual abuse case. 


Legal and political analyst Andrew Lieb reads significance into Meadows' testimony, suggesting that the absence of a Fifth Amendment plea and a possible immunity deal could prove damaging for Trump.


According to Lieb, Meadows, being a central figure in the White House at the time of the controversial events could provide key insights that could implicate Trump in serious charges, such as seditious conspiracy related to the January 6 incident.


Read the full article in Newsweek Here. https://www.newsweek.com/donald-trump-mark-meadows-testify-jan6-1805007



Wednesday, June 07, 2023

Fox LiveNOW: Imminent Indictment of Trump Could Reveal Deep Rot in American Politics. Analysis with Attorney Andrew Lieb.

In a recent interview on Live NOW from FOX, legal analyst and Attorney Andrew Lieb offered in-depth commentary about the possibility of Donald Trump's indictment happening this week in both DC and FL concerning the mishandling of classified documents.


Indictment Tea Leaves:


Lieb indicated that Trump's recent meeting with the DOJ signals an imminent indictment. He stated, "defense attorneys often will come in and meet with the prosecutor" before an indictment, and Trump's recent social media posts also suggest he believes an indictment is pending.


Political Magician Trump:


Lieb praised Trump as a "political magician" who might use a potential indictment to fuel political allegiance and fundraising efforts. However, he cautioned that this tactic could backfire in his criminal defense.


Two Different Games:


While discussing Trump's ongoing legal issues, Lieb stressed the distinction between state and federal charges, noting a presidential pardon wouldn't affect the New York case.


On Gag Orders:


Responding to inquiries about a potential gag order, Lieb said he doesn't believe one would be issued in either this case or the Manhattan one beyond the confidentiality order that already exists in NY. He did warn that Trump's tendency to speak openly might push the courts towards considering a gag order.


The Special Counsel's Options:


Lieb explained that Special Counsel Jack Smith could opt to write a report instead of indicting Trump. However, given the grand juries convening in both DC and FL, Lieb predicts an indictment is on the horizon.


Multiple Grand Juries:


When questioned about multiple grand juries, Lieb clarified it's due to alleged crimes occurring in different locations. This strategic approach would prevent the case from being relocated.


Effects on Other Political Figures:


Finally, Lieb lauded former Vice President Mike Pence's cooperation during his investigation, contrasting it with Trump's resistance. He noted Pence's respect and compliance could serve as a model for anyone facing similar situations.




Newsweek: Attorney Andrew Lieb Provides Insight on Potential Kidnapping Charges in the Feud between Ron DeSantis and Gavin Newsom

Attorney Andrew Lieb recently provided his expertise in a compelling interview with Newsweek, focusing on the intense feud between Governor Ron DeSantis of Florida and Governor Gavin Newsom of California. The discussion delved into the possibility of DeSantis facing kidnapping charges.


Lieb shed light on the protective nature of the Doctrine of Absolute Immunity, which safeguards governors from prosecution, even if their actions are perceived as malicious or in bad faith. Additionally, he emphasized the significance of the Doctrine of Comity, which mandates states to honor and respect the laws and judicial decisions of other states. These legal principles act as a safeguard, ensuring that DeSantis is shielded from charges, regardless of the circumstances.


Of particular interest, Lieb explored the potential implications if Governor Newsom were to disregard the Doctrine of Comity and pursue charges against DeSantis. He underscored the gravity of such a situation, cautioning against the consequences that could arise from one state openly defying the laws and legal decisions of another state. The nation could be at risk of teetering on the edge of a civil war, with severe repercussions and unprecedented chaos.


The full article from Newsweek can be found here: https://www.newsweek.com/ron-desantis-kidnapping-migrants-gavin-newsom-1804958




Tuesday, June 06, 2023

FOX LiveNOW: Attorney Andrew Lieb Discusses Trump Lawyers Meeting with DOJ Officials

In a recent TV interview on Live NOW from FOX, legal analyst Attorney Andrew Lieb provided insightful analysis into the meeting between former President Donald Trump's legal team and Department of Justice (DOJ) officials. The conversation revolved around the potential charging decision that could significantly impact Trump's future and the unprecedented nature of this event in American history. 


Rumblings of Imminent Charging Decisions:

Lieb acknowledged the rumors surrounding imminent charging decisions in both Florida and Washington, D.C., with grand juries present in both locations. He stressed the seriousness of the crimes Trump could be charged with, such as the Espionage Act and Obstruction of Justice. This potential indictment against a former President marks a significant moment in American history, making it an exhausting and sombering experience for many.


Political Fireball vs. Substance:

When questioned about the significance of the meeting, Lieb highlighted the initial letter sent by Trump's legal team, which he described as a political fireball lacking substance. Despite the political nature of the letter, it is customary for defense counsel to meet with prosecutors to present their case. However, Lieb expressed doubts about the effectiveness of Trump's approach, as the political tone of the letter may have hindered a more factual and productive discussion.


Trump's Social Media Posts and Expectations:

Lieb addressed Trump's recent all-caps post on social media, indicating that Trump believes that he will be charged. While it would be unlikely for the DOJ officials to reveal such information during the meeting, Lieb advised Trump to exercise caution and to avoid inflaming the prosecutor. Restraint and silence, he emphasized, would be a more strategic approach when facing potential criminal problems.


Pence's Cooperation and Lessons Learned:

The interview shifted focus to former Vice President Mike Pence, who cooperated swiftly in the investigation, resulting in the DOJ's decision not to charge him. Lieb praised Pence's approach as a model for handling such situations, emphasizing the importance of cooperation and avoiding confrontation with the government.


The Leak and Future Developments:

Looking ahead, Lieb predicted that Trump's team would leak information about any charging decision, considering Trump's tendency to exploit such news for political and fundraising purposes. He anticipated that the announcement could come as early as the following week, revealing the charges Trump may face.


Uncharted Territory:

The interview concluded with an examination of the historical significance of potentially indicting a former President. Lieb emphasized that if Special Counsel Jack Smith were to indict Trump, it would mark the second pending indictment against a former president who currently leads the GOP nomination race—an unprecedented scenario in American politics. Lieb reminded the audience that the significance of both federal and state charges should not be underestimated, as state charges cannot be pardoned by the President alone.




Scripps News: Trump Reacts to Report over Tape. Legal Analysis with Attorney Andrew Lieb

Attorney Andrew Lieb recently made an appearance in an in-depth interview with Scripps News to discuss the potential legal implications for former President Donald Trump over reported classified document discussions, on tape, at his NJ Golf Course. 

Discussing Trump's defense strategy, Lieb clarified that it's not a legal strategy yet a political strategy to run for office. The legal strategy should be to keep quiet and suppress evidence. 



Thursday, June 01, 2023

Join Lieb at Law, P.C. as a Fall 2023 Litigation Extern (Law Students Only Apply)

Lieb at Law, P.C. presents a remarkable opportunity for passionate law students to join our esteemed litigation boutique law firm as externs for the Fall 2023 term. As a 1L or 2L, this is your invitation to become part of a dynamic work environment in Smithtown, where a commitment to excellence permeates every aspect of our practice.

The firm is dedicated to making a real difference in the lives of individuals facing discrimination and retaliation in schools, workplaces, and housing. Our litigation practice serves as a powerful tool to stand up for those whose rights have been violated. By joining our team, you will immerse yourself in a purpose-driven environment where you can actively contribute to impacting positive change. Our unwavering dedication to fighting for justice has garnered national media attention, as we make a difference in the lives of individuals who have experienced discrimination and retaliation. By joining our team, you will become part of an environment that enables you to actively contribute to meaningful transformations.

In this fast-paced office, we seek lawyers and law clerks who fearlessly tackle challenges and manage a wide array of responsibilities while maintaining their composure. Drafting pleadings, handling discovery, and preparing motions are just some of the tasks that keep us busy before lunchtime.

Upon completing a semester externship with us, you will be considered for a highly sought-after law clerk position. This invaluable experience can be the stepping stone to an associate position with our firm upon graduating from law school. We value our team members and strive to foster long-term relationships that facilitate growth and professional development.

Desired qualifications:
  • Excellent critical thinking and writing skills
  • Proficiency in discovery
  • Experience in motion practice
  • Strong research abilities using platforms like Westlaw

About Lieb at Law, P.C.:

Lieb at Law, P.C. is a prestigious litigation boutique law firm specializing in discrimination claims in employment, school, and housing. Additionally, we handle commercial disputes, real estate brokerage commission and ethics matters, breach of contract cases, title claims, commercial landlord-tenant evictions, mortgage foreclosure actions, plaintiff's personal injury, and all employment-related matters such as wage and hour claims and whistleblower actions.

Beyond our litigation practice, we offer valuable advice and counsel as outside general counsel to our corporate clients.

Our attorneys are licensed to practice law in New York, New Jersey, Connecticut, and Colorado, and we proudly represent clients in federal courts.

Our firm's culture is rooted in three pillars of success: self-confidence, grit, and skill.

To enhance our culture, we leverage technology extensively. Our staff has access to a cloud-based legal research platform, ensuring up-to-date case information is accessible anytime and anywhere. Our secure, cloud-based case management system meticulously records every detail, enabling easy access to case facts at the touch of a button. Additionally, we employ enterprise file sharing, storage, and collaboration software, facilitating efficient teamwork and innovative document preparation.

In addition to our client representation, our managing partner serves as a media legal analyst, frequently appearing on national TV and radio. This ethos of teaching the law rather than solely learning from others extends to our attorneys who actively participate in continuing education events and corporate trainings.

At Lieb at Law, P.C., we stand at the forefront of new statutes, regulations, and cases, giving us a strategic advantage in the courtroom and ensuring exemplary representation for our clients. Join us this fall and unlock your legal potential in an environment that embraces excellence, growth, and innovation.

To Apply: 
As an important part of our selection process, we would appreciate it if you could provide us with additional information regarding your interest in our externship. We are particularly interested in understanding:
  1. Why are you interested in an externship with Lieb at Law?
  2. How does this externship align with your career objectives?
  3. What are the specific areas of our work that you are most interested in and why?
  4. How do you believe your skills and experiences can add value to our firm?



Scripps News Coverage: Lieb at Law Fights for Fairness Against Discrimination and Retaliation at Three Village School District

Lieb at Law is standing up for the rights of families and their children in school systems. We're representing the Graziano family, who faced discrimination and retaliation at their son's school.

Despite having an Individualized Education Program (IEP), which specified a minor student's access to a single-occupancy bathroom, as a reasonable accommodation, the school failed to honor these accommodations and actively denied the minor student's use of the bathroom. When Mr. Graziano advocated for his son's rights, the school retaliated against him by banning him from all school district property. This denial caused unnecessary stress and robbed the family of cherished memories for each of the family's three children who attended the district.

We've filed complaints with the New York State Division of Human Rights, and we're fighting for justice. No parent should face retaliation for advocating for their child's rights, and no child should suffer because their disability accommodations aren't honored.

Interested in learning more about the case? Check out the story covered by Scripps News 👉 Watch here

We want to make it clear - schools must be welcoming places for parents and students alike. We're determined to protect families from facing such discrimination in the future.

Stay tuned for updates as we work tirelessly for justice. Remember, you have rights, and Lieb at Law is here to defend them.


*attorney advertising

Wednesday, May 31, 2023

NewsNation: Lululemon Firings: Security Flaw or Employee Scapegoats? Analysis with Attorney Andrew Lieb

Surprised by the recent #Lululemon employee firing story? Allow us to dissect it for you.

Employees Rachel and Jennifer were reportedly fired for standing up to repeat offenders. This isn't a case of rogue vigilantism, but employees ensnared in relentless criminal activity.

Corporations ought to bear some responsibility here. The real concern? Lululemon's apparent lack of proactive security measures and effective cooperation with law enforcement.

Stand Your Ground laws are common, but where is the support for employees standing their ground within their workplaces? Companies must shoulder security shortcomings, empower and protect their employees, and back them during vulnerable times.

Sharing Attorney Andrew Lieb's interview on this topic with NewsNation.