Published Articles

Our firm’s attorneys regularly contribute to legal and business publications. Our firm’s articles are listed below.

Ryan Lefkowitz

October 20, 2025

The Daily Record: Avoiding the Ethical Pitfalls of Generative AI in the Practice of Law

by Ryan Lefkowitz

It is undisputed that technology has transformed the practice of law. Many attorneys remember when cases were looked up in books, not online legal databases. When briefs and pleadings were…

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Steve Cole

September 17, 2025

The Daily Record: Does the Hernandez Technology Decision Alter the Landscape for Restrictive Covenant Enforcement in New York?

by Steven Cole

The Fourth Department of New York’s Appellate Division recently issued a decision that included a ruling on the enforceability of restrictive covenants in employment agreements, as one of several issues…

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Mallory Smith

September 4, 2025

The Daily Record: QTIP Trusts and Tax Apportionment Clauses in Wills

by Mallory Smith

With the prevalence of blended families, a common concern among spouses is providing for a surviving spouse while still protecting the children from a prior marriage. One solution to this…

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Jack Cassidy

July 21, 2025

The Daily Record: Pay-if-Paid Clauses are Generally Unenforceable

by Jack Cassidy

Contracts, by their nature, often involve shifting risk from one party to another. Most of the time, provisions that shift risk are legal and bargained for as part of an…

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Robert Yawman

July 2, 2025

The Daily Record: Fourth Department Deviates from First Department on Application of No Wage Theft Loophole Act

by Robert Yawman

The New York Labor Law (“NYLL”) grants employees the power to pursue unpaid wage claims against their employers. Despite the NYLL’s protection of earned wages, case law developed in which…

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Ryan Lefkowitz

February 26, 2025

The Daily Record: Is the New York Correction Officer Strike “Illegal and Unlawful”?

by Ryan Lefkowitz

Originally published on The Daily Record on February 24, 2025 Currently, New York prison guards are on strike. Corrections officers at 25 of New York’s 42 prisons have not shown…

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Ryan Lefkowitz

October 3, 2024

Daily Record: Ongoing or Future Payment Obligations May Survive Guaranty Expiration Clauses

by Ryan Lefkowitz

Expiration clauses in a guaranty are used to limit liability the guarantor can incur. They place a temporal limitation on what would otherwise be a guarantee of unlimited duration. As…

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Kelly Geary

September 3, 2024

Analyzing Who is the Prevailing Party?

by Kelly Geary

For lawyers, a frequent question from their clients is: “Can I get my attorney’s fees?” Under the American rule, the typical answer is “No.” But certain contracts may contain “prevailing…

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Attorney Robert Yawman

September 14, 2022

Advocate’s View: Appellate Courts Reject Commercial Tenant Attempts to Avoid Rent Obligations

by Robert Yawman

During the Covid outbreak in 2020, New York and several other states issued restrictions on in-person business operations in an attempt to reduce the spread of the virus. These measures…

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