Law Brief

The ERA Today!

Tue, 09 Jan 2024 14:29:21 GMT

The hundred-year-old proposed Equal Rights Amendment has never been adopted on a Federal level, but New Yorkers have an opportunity this fall to amend the State Constitution with an expanded version of the ERA. Three members of the Women in the Law Section of the New York State Bar Association – Frettra DeSilva, Laura Sulem and Morghan Richardson, join host Rich Schoenstein to discuss why these fundamental rights still need to be codified.

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Cyber Law

Thu, 05 Oct 2023 21:45:06 GMT

Cybersecurity lawyer Annmarie Giblin joins Rich to talk about best practices businesses interacting with customers’ personal data, cyber insurance, cyber negligence, and how AI will change everything yet again.

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New York County Lawyers Association

Tue, 18 Jul 2023 07:00:04 GMT

Rich is joined by Adrienne Koch and Vince Chang – the new and prior Presidents of the New York County Lawyers Association – to discuss NYCLA and some of the current issues being advocated by the organization.

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The Ed Sheeran Copyright Trial

Wed, 10 May 2023 14:32:20 GMT

Ed Sheeran scored a complete victory in the copyright trial over allegations that he plagiarized a Marvin Gaye song. Legal Commentator Terri Austin, who attended and covered the trial, joins Rich Schoenstein with a report of the proceedings, a discussion of the issues, and analysis of what it all means for the rights of musicians going forward.

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True Crime

Fri, 31 Mar 2023 18:46:20 GMT

The host of the Pretty Lies & Alibis podcast, GiGi McKelvey, joins the host of this podcast, Rich Schoenstein, to talk about the True Crime genre, the Alex Murdaugh and Lori Vallow Daybell cases, and more.

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Defamation Nation – Sports Edition

Wed, 22 Mar 2023 07:30:40 GMT

There is a wave of defamation lawsuits brought by high-profile athletes. What’s up with that? Sports lawyer and podcaster Dan Lust joins Rich Schoenstein to discuss such matters in football, baseball, basketball, and golf, along with legal requirements and strategic considerations that arise in such matters.

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The Chief Judge Controversy

Tue, 24 Jan 2023 20:52:05 GMT

Last week the New York State Senate Judiciary Committee voted to reject the nomination of Judge Hector LaSalle to serve as Chief Judge on the New York State Court of Appeals.

New York State Senator Luis Sepúlveda believes the nomination should be advanced. He joins host Rich Schoenstein to discuss the status of the nomination, the candidate, the process and the path forward.

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FTC Proposes Noncompete Ban

Tue, 10 Jan 2023 15:23:30 GMT

The Federal Trade Commission has proposed a broad rule essentially banning noncompete agreements. Can they do that? Should they? And what would be the implications? Host Rich Schoenstein is joined by employment lawyer and restrictive covenant guru David Kleinmann to break down the proposal.

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Cameras in the Courts

Wed, 09 Nov 2022 15:10:23 GMT

Criminal Defense Lawyer and Legal Analyst Joshua Ritter joins Host Rich Schoenstein to talk about why some courts permit cameras in the courtroom and some don’t, the pros and cons of such assess, and the trends moving forward.

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The Verdicts Are In – Two High Profile Trials Are Decided

Thu, 20 Oct 2022 07:30:55 GMT

Legal Analyst Marie Pereira joins Rich Schoenstein to discuss the verdicts rendered last week in the trial of defamation claims against Alex Jones in Connecticut, and the trial of the convicted murderer responsible for the massacre at Marjorie Stoneman Douglas High School in Parkland, Florida.

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Musk v. Twitter

Thu, 06 Oct 2022 19:14:50 GMT

The new season starts off with a discussion of the pending dispute between Elon Musk and Twitter, scheduled to go to trial this month. White Collar and Government Investigations Partner Robert Heim returns to the Podcast to talk over the issues with Host Rich Schoenstein.

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Punitive Damage Caps

Thu, 11 Aug 2022 14:04:38 GMT

The $45.2 million punitive damage award against Alex Jones may be severely curtailed by a Texas statute capping such damages. A $5 million punitive damage award against Amber Heard was reduced by applicable Virginia law to $350,000. Where do these caps come from, how do they work, are they fair to the parties and the juries, and are they constitutional? Georgetown Professor of Law Heidi Li Feldman joins Host Rich Schoenstein to discuss the matter.

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Divorce and Custody 2022

Wed, 20 Jul 2022 07:30:44 GMT

Divorce and Family Lawyer Morghan Richardson joins Rich Schoenstein to talk about current trends including joint custody arrangements, pre-nuptial agreements covering pets, and the increasing use of mediation to resolve divorce disputes.

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Healthcare, Technology & the Law

Wed, 29 Jun 2022 04:00:57 GMT

Healthcare lawyer Steve Polyakov returns to Law Brief to talk to Host Rich Schoenstein about recent technology trends in healthcare, including telehealth, urgent care and pharmacy practices, and how those trends intersect with the law.

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Depp v. Heard – The Postjudgment Show

Tue, 14 Jun 2022 21:03:27 GMT

The jury is in! Host Rich Schoenstein breaks down the verdict in the Johnny Depp vs. Amber Heard trial, the possibility of appeal, its broader implications for the #MeToo Movement, the reactions of the public and the parties since the trial ended, and why, even now, it makes sense for all involved to settle the case.

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Depp v. Heard – The Halftime Report

Tue, 10 May 2022 16:29:26 GMT

As the defamation trial between Johnny Depp and Amber Heard takes a one week break before resuming, Rich Schoenstein is joined by Legal Analyst Dr. Tracy A. Pearson to discuss the status of the case, the relative credibility of the litigants thus far, what to expect and what it all might mean.

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The NFL and the Law

Wed, 20 Apr 2022 07:30:52 GMT

Host Rich Schoenstein is joined by sports and gaming lawyer Daniel Wallach to survey the various legal issues currently surrounding the NFL and the League’s defensive scheme in regards to such matters.

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Hofstra Law Turns 50

Wed, 30 Mar 2022 07:30:55 GMT

Judge Gail Prudenti, Dean of the Maurice A. Deane School of Law at Hofstra University, joins host Rich Schoenstein, himself an alum and incoming member of the Hofstra Law Hall of Fame, to discuss the Law School’s 50-year history and plans for the future, as well as the current condition of the New York State Courts.

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Arbitration Overview

Wed, 16 Mar 2022 07:30:00 GMT

Rich Schoenstein and his litigation colleague Jonathan Temchin discuss arbitration, when and why it might be used as an alternative to litigation, and how it differs from being in court.

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Online Distribution Leakage

Wed, 16 Feb 2022 08:30:17 GMT

Intellectual Property Partner Mark Rosenberg joins Rich Schoenstein to talk about secondary sales of products on the internet, including the Amazon Marketplace, and how the original seller can protect themselves from such activities.

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Palin vs. The Times

Wed, 02 Feb 2022 08:05:24 GMT

Host Rich Schoenstein is joined by litigator Joel Rosner to talk about the trial of Sarah Palin's defamation case against the New York Times, which is scheduled to start this week.

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The Theranos Verdict

Wed, 12 Jan 2022 08:00:54 GMT

Host Rich Schoenstein is joined again by Co-Heads of the White Collar Practice Group, Michael Grudberg and Robert Heim, to discuss the verdict in the trial of Elizabeth Holmes concerning her now-defunct health technology company, Theranos. They dissect the verdict, review her decision to testify in her defense, discuss the possible sentence and further proceedings, and ponder the broader implications for Silicon Valley and venture capital.

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Trial By Jury

Wed, 15 Dec 2021 08:00:05 GMT

Fellow litigator Rich Lomuscio joins host Rich Schoenstein to talk about jury trials, how juries are selected and the implications of some recent high-profile jury trials. You've been summoned ... to listen.

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The Continuing Foreclosure/Eviction Moratorium

Wed, 24 Nov 2021 08:00:33 GMT

Bob Wolf and Alex Tiktin from the Bankruptcy and Corporate Restructuring Group join Rich Schoenstein to discuss the current status of the COVID-19 foreclosure and eviction moratorium as we approach the New Year.

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The Theranos Trial

Wed, 22 Sep 2021 16:31:42 GMT

Rich Schoenstein is joined by Co-Heads of the White Collar Practice Group, Michael Grudberg and Robert Heim, to discuss the on-going trial of Elizabeth Holmes concerning her now-defunct health technology company, Theranos, looking at the themes of the prosecution and the defense, the issues raised and the possible outcomes.

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Healthcare Agreements

Wed, 11 Aug 2021 04:00:09 GMT

Steve Polyakov, the Chair of the Healthcare and Pharmacy Law Practice, joins Rich Schoenstein to discuss the extent to which non-physicians can be involved in financing and/or servicing medical practices, including the use of management service organizations.

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Building and Bridge Collapses

Thu, 15 Jul 2021 04:05:45 GMT

David Pfeffer, the Chair of the Construction Practice, joins Rich Schoenstein to discuss the legal implications of building collapses, such as the recent catastrophe in Surfside, Florida, and more common partial collapses, as well as the possibility of bridge collapses and the like in the future.

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Power of Attorney – The Next Generation

Wed, 09 Jun 2021 07:30:40 GMT

Trusts & Estates lawyer Alexis Gruttadauria joins Rich Schoenstein to discuss recent changes in the New York State forms to grant Power of Attorney, what those powers are (and are not) and whether you need to amend the forms you might already have.

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The Fight for Free Speech

Wed, 19 May 2021 07:00:37 GMT

Rich Schoenstein is joined by Ian Rosenberg, author of “The Fight for Free Speech,” to discuss the book, common misperceptions about the First Amendment, and implications for modern day speech on social media.

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Business Divorce Court

Wed, 05 May 2021 07:00:30 GMT

Corporate Partner Alan Gaynor joins Rich Schoenstein to talk about business divorces for closely-held corporations, how the courts typically approach such matters, and how they can best be accomplished and resolved.

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Immigration 2021

Wed, 14 Apr 2021 07:30:16 GMT

Roxanne Levine joins Rich Schoenstein to discuss the new administration’s approach to U.S. immigration policy and potential sweeping changes in the immigration laws.

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Revisiting Amazon Neutral Patent Evaluations

Wed, 31 Mar 2021 07:30:45 GMT

Intellectual Property partner Mark Rosenberg returns to chat with Rich Schoenstein and update us on his experience with the neutral patent evaluation process being offered by Amazon to resolve utility patent disputes involving its sellers.

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Order in the Online Court!

Wed, 17 Mar 2021 07:30:12 GMT

Rich Schoenstein is joined by Hon. Norman St. George, the Chief Administrative Judge for Nassau County, to discuss the miraculous transition of the New York State Courts to virtual proceedings, the Virtual Bench Trial Protocols and Procedures adopted by the Unified Court System (http://www.nycourts.gov/whatsnew/pdf/VirtualBenchTrial-Protocols-2112021.pdf) and the future of virtual court proceedings as the pandemic subsides.

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The Future of Offices

Wed, 03 Mar 2021 08:30:02 GMT

David Pfeffer, the Chair of the Construction Practice, joins Rich Schoenstein to discuss the status and the future of office design and construction in New York City given the impact of the Covid19 Pandemic.

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Commercial Lease Obligations in the Ongoing Pandemic

Wed, 27 Jan 2021 08:00:58 GMT

Rich Schoenstein is joined by Litigation Partner Debra Bodian Bernstein to discuss the current status of commercial lease obligations in light of the continuing Covid19 pandemic, and how non-payment of rent might be approached in negotiation or litigation.

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Your Ad Here: Outdoor Advertising and the Law.

Wed, 23 Dec 2020 08:01:51 GMT

Pat Kilduff joins Rich Schoenstein for a discussion of Pat’s unique legal practice focusing on the outdoor advertising industry and the compliance and administrative law issues in that industry.

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Remote Lawyering: Lessons From a Stay-at-Home Transactional Real Estate Lawyer.

Wed, 09 Dec 2020 08:01:12 GMT

Eric Zipkowitz joins Rich Schoenstein to share lessons Eric has learned in his seven years of running a substantial legal practice from his home, in a discussion about taking care of business and taking care of yourself as working remotely continues into the New Year.

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Lien Times: Securing Mechanics Liens for Preconstruction Services

Wed, 25 Nov 2020 08:30:59 GMT

Real Estate and Construction lawyer Sean Scuderi joins Rich Schoenstein to break down recent developments concerning the ability to file mechanics liens for services performed prior to the commencement of actual construction.

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PPP Loan Forgiveness

Wed, 28 Oct 2020 07:35:56 GMT

Eli Rudolph and Rich Schoenstein follow up on an earlier episode to update the status of the PPP loan program and survey the process through which businesses can determine whether those loans will be forgiven.

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Why You Need an Estate Plan

Wed, 30 Sep 2020 07:30:10 GMT

Rich Schoenstein is joined by Trusts & Estates lawyer Alexis Gruttadauria to discuss the legal disposition of assets in the absence of an estate plan and how such a plan can protect surviving family members, even where the assets at issue are relatively modest.

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The Legal Perils of Video Marketing

Wed, 16 Sep 2020 04:30:30 GMT

Intellectual Property partner Mark Rosenberg visits with Rich Schoenstein to discuss the legal implications of the still increasing use of video marketing for commercial purposes online and on social media.

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Returning to the Office – Considerations for Employers Bringing Back Employees

Wed, 22 Jul 2020 07:11:00 GMT

Labor and Employment Partner Tara Carolan joins Rich Schoenstein to talk about the tough task of bringing back employees to the office while the Covid-19 Pandemic continues, surveying both the rights of the employees and the duties of the employers.

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Remote and Secure: The Requirements of the SHIELD Act and Other Recommendations for Virtual Business Operations.

Tue, 07 Jul 2020 02:56:06 GMT

Amy Goldsmith and special guest Brian Califano talk to Rich Schoenstein about the implications of the recently adopted SHIELD Act and other considerations for the on-line security of businesses and workers who are operating remotely.

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Future Care Planning for Special Needs Children

Tue, 16 Jun 2020 22:05:51 GMT

Trusts & Estates Partner Robert Freedman talks to Rich Schoenstein about the issues and challenges of making long term plans for special needs children.

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Urban Living after COVID-19

Wed, 27 May 2020 18:17:45 GMT

A discussion about the impact of the COVID-19 pandemic on urban living and design issues impacting residential real estate in large cities, with Laurie Stanziale from TKD’s Real Estate and Construction practice, Michael Goldblum and John Field from Building Studio Architects, and podcast host Rich Schoenstein.

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CARES Act Relief for Small Businesses

Wed, 06 May 2020 03:32:30 GMT

Rich Schoenstein talks with Eli Rudolph and Simon Malinowski about financial relief available under the CARES Act, including PPP and EIDL loans, the eligibility guidelines, the ongoing requirements for companies who receive them, and forbearance guidance that is still awaited.

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Patenting Natural Ingredients

Wed, 01 Apr 2020 04:01:00 GMT

Rich Schoenstein and Rachel Lin talk about the circumstances under which a patent might be obtained for products containing or based on natural ingredients.

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Bankruptcy Basics and Recent Developments

Wed, 12 Feb 2020 05:01:00 GMT

Rich Schoenstein and Scott Markowitz, Co-Chair of the Bankruptcy and Corporate Restructuring Group - talk about the underpinnings of U.S. Bankruptcy law, the distinction between liquidation and reorganization, recent developments in the areas of student loans and small business reorganization, and how and why the system can be justified. A bankruptcy hodgepodge.

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H-1B Visas – New Process and New (Upcoming) Deadlines

Wed, 29 Jan 2020 07:00:00 GMT

Immigration partner Roxanne Levine and Rich Schoenstein chat about the new filing process for H-1B visas – which provide a nonimmigrant temporary visa category for certain foreign nationals that will be working in the United States – how the process has changed and the new preregistration period coming up in March.

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Do Gift Cards Keep on Giving? How the law affects the consumer, the retailer and the state.

Wed, 15 Jan 2020 07:00:00 GMT

Rich Schoenstein and International/Retail partner Gina Piazza talk about gift cards, whether and when they expire, the related obligations of retailers and how unused balances might constitute “abandoned property” that must be turned over to the state.

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The Concession Model in Department Stores

Wed, 04 Dec 2019 07:00:00 GMT

Rich Schoenstein and Giuliano Iannaccone - Chair of the International and Retail Groups - talk about how retail brands and department stores are utilizing a concession model to attract shoppers, the benefits for both the brands and the stores entering into concession agreements and the legal challenges associated with such a model.

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Here Comes the SEC

Wed, 27 Nov 2019 07:00:00 GMT

Rich Schoenstein and Robert Heim, a former Assistant Regional Director for the SEC, discuss how an SEC investigation works and how a person involved as a witness or target might respond to such an investigation.

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Construction and the Neighbors

Wed, 13 Nov 2019 07:00:00 GMT

Description: Rich Schoenstein and construction partner Laurie Stanziale talk about what to do when construction projects require access to neighboring property, negotiating agreements in that regard or, if necessary, resolving related disputes in court.

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Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction

Tue, 29 Oct 2019 04:01:27 GMT

In this special episode of Law Brief, Rich Schoenstein and his partner David Kleinmann discuss the Workforce Mobility Act, a new bill introduced in Congress that would ban the use of non-competes to restrain workers from taking new jobs. Rich and David — both members of Tarter Krinsky & Drogin’s Restrictive Covenant Practice Group — survey the existing judicial landscape in this area and argue that the overreaching bill fails to make important distinctions that should be considered in evaluating restrictive covenants.

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Unveiling the Corporate Veil

Wed, 23 Oct 2019 07:15:20 GMT

Rich Schoenstein talks to litigator Charles Miller about holding owners of corporations responsible for the corporate wrongs of the corporation, focusing on the essential elements of a successful claim to pierce the corporate veil.

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Amazon’s Pilot Program for Patent Disputes

Wed, 09 Oct 2019 07:30:20 GMT

Rich Schoenstein and intellectual property partner Mark Rosenberg talk about Amazon’s new pilot program to arbitrate patent disputes involving sellers on its platform, and the potential impact on the sellers, the patent owners and Amazon itself.

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Deflating the Union Rat

Wed, 02 Oct 2019 07:50:13 GMT

A conversation between Rich Schoenstein and Labor & Employment Group leader Laurent Drogin about “Scabby” the Union Rat, the use of such protests by unions over the past 30 years, and the current implications on labor disputes, picketing and the First Amendment.

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Confidential Information Disclosed

Wed, 02 Oct 2019 07:40:43 GMT

The second of a two-part discussion with Rich Schoenstein and intellectual property lawyer Amy Goldsmith about defining and protecting trade secrets and confidential information, with an emphasis in this part on the latter, broader category, and what steps a company must take to protect its confidential information.

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The Secrets of Trade Secrets

Wed, 02 Oct 2019 07:30:40 GMT

The first of a two-part discussion with Rich Schoenstein and intellectual property lawyer Amy Goldsmith about identifying and protecting trade secrets and confidential information. This part is focused on statutorily protected trade secrets – what they are and how to keep them private.

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Welcome to 'Law Brief'

Mon, 23 Sep 2019 15:50:29 GMT

In each episode of Law Brief, we take a look at legal matters that are interesting, of the moment or otherwise deserving of attention. We talk about how the law affects each of us and our businesses in a practical way. Hosted by Rich Schoenstein, a partner in the Litigation and Labor & Employment practices at law firm Tarter Krinsky & Drogin.

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