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 […]
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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 […]
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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 […]
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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.
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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 […]
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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. […]
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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 […]
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Does Loud, Caustic, Hard Hitting Speech Equal Defamation in New York?
Last week, a Manhattan Supreme Court judge dismissed a defamation lawsuit brought by a Black Lives Matter activist against Fox News host Jeanine Pirro. DeRay McKesson claimed the controversial host had defamed him when she accused him of “directing” violence against an injured Louisiana law enforcement officer in December 2017 while on-air. He accused her […]
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What is an Offering Plan?
When dealing with New York real estate, prospective buyers of condominiums and co-ops should receive and review offering plans provided to them at least three business days before signing a contract with either the developer or the co-op sponsor. This document is critical to review prior to purchasing real estate as it should disclose vital […]
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Brian Wagner of Mcloughlin O’Hara Wagner & Kendall LLP LIVE on LI in the AM w/ Jay Oliver! 4-3-19
Listen to MOWK Law partner Brian Wagner on LI in the AM with Jay Oliver discuss some of the latest cases making the news including: Chanel Lewis homicide conviction, delays in the obstruction of justice trials of Thomas Spota and Christopher McPartland and a discussion around the criminal intent behind the parents involved in the […]
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