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Understanding Material Breach and Restrictive Covenants in Employment Agreements: NY & NJ Perspectives

Understanding Material Breach and Restrictive Covenants in Employment Agreements: NY & NJ Perspectives

Understanding Material Breach and Restrictive Covenants in Employment Agreements: NY & NJ Perspectives By Barry E. Janay, Esq. An employer’s unilateral reduction in an employee’s pay is not merely a contractual technicality—it may amount to a material breach with dramatic consequences for the enforceability of restrictive covenants, like non-compete and non-solicitation clauses. This issue is […]

Understanding Probate: No Tricks, Just Clarity

Understanding Probate: No Tricks, Just Clarity Why Probate Feels So Spooky October may bring pumpkins and costumes, but for many families, the scariest thing of all isn’t found in a haunted house—it’s the word probate. The process of settling a loved one’s estate can feel overwhelming, filled with deadlines, legal language, and unfamiliar paperwork. If you’ve ever […]

How Long Does Probate Take in New York and New Jersey?

How Long Does Probate Take in New York and New Jersey

How Long Does Probate Take in New York and New Jersey? If you’ve been wondering, “How long does probate take in New York or New Jersey?” you’re not alone. Probate is one of the most common questions families face after a loved one passes. The short answer is: it usually takes about a year. The longer […]

Rabbi Trusts for Contingency Attorneys: A Modern Tool for Wealth & Tax Planning

Rabbi Trusts for Contingency Attorneys

Rabbi Trusts for Contingency Attorneys: A Modern Tool for Wealth & Tax Planning By Barry E. Janay, Esq. Understanding Rabbi Trusts A Rabbi Trust is an irrevocable trust arrangement that enables attorneys—especially those working on contingency fees—to defer receipt of fees, allowing for tax-deferred growth and custom-tailored income distributions. Originally adopted for executives, these trusts […]

What is a Rabbi Trust, how can personal injury or other contingency type attorneys benefit from them as a wealth management / tax planning tool?

Rabbi Trusts for Contingency Attorneys

What is a Rabbi Trust, how can personal injury or other contingency type attorneys benefit from them as a wealth management / tax planning tool? A Rabbi Trust is an irrevocable, employer-established trust used to fund non-qualified deferred compensation arrangements, with assets set aside for designated beneficiaries (often highly compensated employees or, in legal practice, attorneys) but […]

Revocable Living Trusts vs. Basic Wills: Advantages, Disadvantages, and Cost-Benefit Analysis

Revocable Living Trusts vs. Basic Wills

Revocable Living Trusts vs. Basic Wills: Advantages, Disadvantages, and Cost-Benefit Analysis Revocable Living Trusts vs. Basic Wills: Advantages, Disadvantages, and Cost-Benefit Analysis By Barry Janay & Rachel WalkerThe Law Office of Barry E. Janay, P.C. Estate planning is about more than just preparing documents—it’s about peace of mind for you and your family. Two of […]

What to Do in New York When a Loved One Passes With a Small Estate

What to Do in New York When a Loved One Passes With a Small Estate

What to Do in New York When a Loved One Passes With a Small Estate Losing a loved one is difficult, and the legal steps that follow can feel overwhelming—especially when the estate is small and you simply need to claim assets like a pension benefit or a tax refund. Fortunately, New York law offers […]