Falcon Rappaport & Berkman LLP

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265 Sunrise Highway
Suite 50
Rockville Centre, New York 11570, United States
Phone: (516) 599-0888
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Debtor/Creditor
  • Elections & Politics
  • Finance & Banking
  • Health
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • California
  • Florida
  • New Jersey
  • New York
Number of Attorneys
51-99 Attorneys

Delaware Chancery Court Narrows the Path for Enforceable Non-Competes: Lessons from North American Fire and Payscale

A notable trend has emerged in Delaware with respect to the enforceability of non-competes – while once considered a management-friendly jurisdiction, two recent decisions demonstrate a marked shift towards a closer scrutiny of… more

Breach of Contract, Consideration, Contract Disputes, Contract Terms, Corporate Governance

See all updates »

Dissolved But Not Forgotten: CTA Compliance for Companies Dissolved After January 2024

The Corporate Transparency Act (“CTA”) was signed by Congress back in January of 2021, but the Beneficial Ownership Information Reports (“BOI Reports”) were not required until January 1, 2024. Over the past six months, companies… more

Anti-Corruption, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Delaware Chancery Court Narrows the Path for Enforceable Non-Competes: Lessons from North American Fire and Payscale

A notable trend has emerged in Delaware with respect to the enforceability of non-competes – while once considered a management-friendly jurisdiction, two recent decisions demonstrate a marked shift towards a closer scrutiny of… more

Breach of Contract, Consideration, Contract Disputes, Contract Terms, Corporate Governance

See all updates »

Judge Strikes Down Long Island Dispensary Zoning Restrictions – More to Come?

A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary… more

Cannabis-Related Businesses (CRBs), Dispensaries, Land Use Restrictions, Local Ordinance, Marijuana

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Twin California Rulings Mark a Turning Point for AI‐Copyright Fair Use

In the space of forty-eight hours, two judges of the Northern District of California issued detailed, partially contrasting opinions on whether large language model (“LLM”) training that copies entire books without permission,… more

Algorithms, Artificial Intelligence, Books, California, Copyright

See all updates »

No Tax on Tips: Pragmatic Tax Proposal or Populist Tax Policy Nightmare?

Recently, both major-party presidential candidates have come out in favor of a “no tax on tips” proposals, though neither candidate has indicated how to implement one. There have been proposals from other legislators, though… more

Employer Liability Issues, Federal Labor Laws, Food Service Workers, Gift-Tax Return, Labor Reform

See all updates »

Navigating the Patchwork of State Consumer Privacy Statutes: An E-Commerce Compliance Playbook

Online retailers now face an increasingly complex matrix of state consumer-privacy statutes that impose prescriptive requirements on data collection, monetization, and cybersecurity practices… more

California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity

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Charging Forward: Navigating the Complexities of EV Infrastructure in Real Estate Development

Electric vehicle charging infrastructure isn't an absolute requirement for successful real estate development, but it’s quickly starting to become a standard along with other amenities despite the technological pace of the… more

Automotive Industry, Charging Stations, Due Diligence, Electric Vehicles, Infrastructure

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WARN Update: Delaware Bankruptcy Court Issues Decision Analyzing the Application of the WARN Act in Chapter 11

The Worker Adjustment Retraining Notification Act (“WARN Act”), as well as certain state statutes, require employers to provide employees with advance notice of a plant closing or a mass layoff. A company’s failure to provide… more

Back Pay, Bankruptcy Court, Chapter 11, Corporate Counsel, Debtors

See all updates »

Understanding the Celsius Settlement Matrix: A Guide for Defendants

The Celsius Network bankruptcy case has been a significant event in the cryptocurrency world, leading to numerous legal battles and adversary proceedings. One of the critical aspects of this case is the recently proposed… more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors, Cryptocurrency

See all updates »

Delaware Chancery Court Narrows the Path for Enforceable Non-Competes: Lessons from North American Fire and Payscale

A notable trend has emerged in Delaware with respect to the enforceability of non-competes – while once considered a management-friendly jurisdiction, two recent decisions demonstrate a marked shift towards a closer scrutiny of… more

Breach of Contract, Consideration, Contract Disputes, Contract Terms, Corporate Governance

See all updates »

The Wyoming DUNA and the Future of DAO Legal Frameworks

Choosing the right legal structure for a decentralized autonomous organization (DAO) can make or break a web3 project before it deploys. From tax efficiency and governance mechanisms to liability protection and regulatory… more

Blockchain, British Virgin Islands, Business Entities, Cayman Islands, Cryptocurrency

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Pooled Income Trusts for Medicaid Home Care

One of the biggest misconceptions related to Community (Home Care) Medicaid is the idea that one thinks they and/or their loved one is not eligible for services because “they make too much money.” In New York State, for one to… more

Health Insurance, Healthcare, Home Health Care, Medicaid, New York

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Constitutional Clash: U.S. District Court Landmark Decision Declares the Corporate Transparency Act Unconstitutional

In 2021, Congress passed the Corporate Transparency Act (CTA), which will be administered and enforced by the Financial Crimes Enforcement Network (“FinCEN”) of the United States Treasury Department, in an effort to implement… more

Beneficial Owner, Commerce Clause, Congressional Authority, Constitutional Challenges, Corporate Transparency Act

See all updates »

WARN Update: Delaware Bankruptcy Court Issues Decision Analyzing the Application of the WARN Act in Chapter 11

The Worker Adjustment Retraining Notification Act (“WARN Act”), as well as certain state statutes, require employers to provide employees with advance notice of a plant closing or a mass layoff. A company’s failure to provide… more

Back Pay, Bankruptcy Court, Chapter 11, Corporate Counsel, Debtors

See all updates »

Twin California Rulings Mark a Turning Point for AI‐Copyright Fair Use

In the space of forty-eight hours, two judges of the Northern District of California issued detailed, partially contrasting opinions on whether large language model (“LLM”) training that copies entire books without permission,… more

Algorithms, Artificial Intelligence, Books, California, Copyright

See all updates »

Five Critical Mistakes to Avoid in Purpose-Driven Businesses

So, you’re very excited. You’re about to launch a new purpose-driven company. Or maybe you have one, but something just doesn’t seem to be working the way you’d like. Here are five critical mistakes to avoid with your new or… more

Asset Management, Business Development, Business Entities, Contract Formation, Doing Business

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Disruptions to the Medicaid System, Alongside Trump Administration’s Freeze of Federal Funding to Agencies, Results in Lawsuit by Impacted States, Federal Court Injunction

On the evening of January 27, 2025, the Trump Administration’s Office of Management and Budget (OMB) issued a “Memorandum for Heads of Executive Departments and Agencies” titled, “Temporary Pause of Agency Grant, Loan, and Other… more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Executive Orders, Federal Funding, Health Care Providers

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Too Close for Comfort: OCM’s School-Distance Mistake Puts 100+ Dispensaries at Risk

In a shocking announcement, the New York Office of Cannabis Management (OCM) informed 108 adult-use dispensary license holders, including 89 in NYC, that the current locations of their dispensaries are in violation of the… more

Business Licenses, Cannabis-Related Businesses (CRBs), City of New York, Commercial Leases, Decriminalization of Marijuana

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The Process is the Punishment: The Hidden Benefit of Advance Asset Protection Planning

Over the past few decades much has been written about the benefits of engaging in asset protection planning to protect one’s legacy from future unknown, unforeseen lawsuits and other third-party claims. Antidotally, those of us… more

Asset Protection, Business Entities, Business Litigation, Creditors, Estate Planning

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New York Bankruptcy Court Authorizes Service via Non-Fungible Tokens on Cryptocurrency Wallet Owners

A recent decision by the United States Bankruptcy Court for the Southern District of New York may have significant implications for digital asset holders and users. The decision, issued on October 24, 2024, granted a motion for… more

Bankruptcy Court, Chapter 11, Cryptocurrency, Digital Assets, Digital Wallets

See all updates »

No Tax on Tips: Pragmatic Tax Proposal or Populist Tax Policy Nightmare?

Recently, both major-party presidential candidates have come out in favor of a “no tax on tips” proposals, though neither candidate has indicated how to implement one. There have been proposals from other legislators, though… more

Employer Liability Issues, Federal Labor Laws, Food Service Workers, Gift-Tax Return, Labor Reform

See all updates »

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