When entering business or employment relationships, parties are often presented arbitration agreements – either boilerplate form or customized to the nature of the relationship – for review and signature. These agreements consign the signing party to arbitration of any disputes that may arise between them and the party presenting the agreement. Also, they often set […]
Read More
What Are the Steps of the Pre-Foreclosure and Foreclosure Process in New York?
When unexpected financial difficulties arise, New York homeowners often struggle to keep up with a major expense in their lives – their mortgage payment. Many options are available to aid homeowners in making their payments or, if this option is no longer feasible, appropriately disposing of their property in a manner that recoups as much […]
Read More
What Happens If You Die Without a Will in New York?
When someone in New York dies without creating a will, protocols and laws exist that dictate what happens to their assets. Under the doctrine of intestate succession, a decedent’s assets that would have ordinarily passed through a will are then given to their closest living relatives. Scope of Assets Affected by Intestate Succession Usually, intestate […]
Read More
Does A New York Defendant Have to Pay for their Court-Ordered Monitoring System?
Sometimes in a criminal case, a court will craft alternative orders that require defendants to submit to electronic monitoring as an alternative to incarceration or a term of probation. This is often the case with defendants facing New York DWI and drug charges. These monitoring systems are not free and courts may order defendants to […]
Read More
When Does Imitation Go Too Far?
New York City is known for many things – the Statue of Liberty, the Empire State Building, and Chinatown’s infamous designer knockoffs on Canal Street. Imitation is often considered the sincerest form of flattery, but when does it cross the line into copyright infringement and incur liability? Copyright infringement is a serious violation of a […]
Read More
What Happens When A Plaintiff Breaches Their Fiduciary Duty and Cannot Pay?
A fiduciary duty is a requirement for a party to act in a way that furthers the best interest of another party – even to their exclusion of their own personal benefit. In business, certain relationships create heightened duties for at least one party involved. Commonly, duties exist between many types of: professionals and their […]
Read More
MOWK Law Partner Brian Wagner Appears on Fox and Friends
Parental rights or criminal endangerment? Florida parents lose custody of their 3 year-old son after choosing to stop cancer treatments. MOWK Law partner Brian Wagner discusses the criminal elements of this trending case on Fox & Friends. Click “Read More” below to view the full video.
Read More
What Obligations Does a New York Landlord Have to Their Tenants?
Landlords can make a substantial amount of money by renting or leasing to tenants, but that opportunity comes with a large amount of responsibility. Federal and state laws grant rights to tenants and imposes duties on landlords in order to structure an equitable relationship between the parties and provide clear procedures for handling financial matters […]
Read More
The Relationship Between Chapter 7
Bankruptcy and Divorce
Financial difficulties in the United States are all too common a problem and can play a role in marital problems and even divorce. Both New York bankruptcy and divorce laws are can be quite complex; combining the two can create a procedural and legal quagmire with far reaching ramifications and implications for all parties involved. […]
Read More
Liability for Misclassification of Employees in New York City
Recourse for Employee Misclassification in New York City As more employers focus on engaging independent contractors as opposed to additional employees in order to handle their workload, they must avoid the all too common pitfall of misclassifying the human capital they utilize. In many situations it can be economically advantageous to use independent contractors instead […]
Read More