Luibrand Law Firm, PLLC Lawyer Albany New York | Luibrand Law Firm, PLLC | Latham 2026-10-30T08:44:35Z https://www.luibrandlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100757/2019/07/cropped-logo-32x32.png On Behalf of Luibrand Law Firm, PLLC <![CDATA[Opinion v. false Fact: What it means for a defamation case]]> https://www.luibrandlaw.com/?p=50806 2026-10-27T08:45:52Z 2026-10-30T08:44:35Z The legal distinction between fact and opinion Courts generally protect pure opinions because people often cannot prove them true or false. If a customer calls your retail store "terrible," the law might view this as a subjective belief rather than a factual claim. Conversely, if someone claims your restaurant intentionally serves spoiled meat, courts may treat this as a factual assertion. Mixed opinions may be legally problematic when they imply an unstated factual basis that harms your business's reputation. The specific wording and context of a statement can determine whether it is legally protected or potentially actionable under New York law.

How does the court differentiate

When evaluating statements or comments, judges generally look at the broader context of the communication. New York courts apply a three-factor test to evaluate whether a statement is opinion or fact:
  • Whether the specific language has a precise, readily understood meaning
  • Whether the statement is capable of being objectively proven true or false
  • Whether the overall context would lead a reasonable reader to interpret the statement as factual rather than opinion
If a statement was a false assertion of fact rather than a protected opinion, it may form the basis of a defamation claim, depending on various other conditions.

How a legal guide may help

The line between a protected opinion and an actionable false statement of fact is rarely obvious from the words alone. If you believe a statement about your business crosses that line, consulting an attorney experienced in New York defamation law can help you assess whether the specific facts support a viable claim.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[What defenses are available to a New York gun possession charge?]]> https://www.luibrandlaw.com/?p=50801 2026-10-09T10:01:20Z 2026-10-14T10:00:07Z Common defenses to a New York gun possession charge Even in a state with tough gun laws, prosecutors must prove every part of the offense beyond a reasonable doubt. A criminal defense attorney can challenge the charge in five main ways:
  • Unlawful search and seizure: The Fourth Amendment and the New York Constitution bar unreasonable searches. If officers stopped the defendant without a valid reason or searched a car or home without a warrant, the attorney can move to suppress the gun. If the judge agrees, the prosecution may lose its key evidence.
  • Lack of knowing possession: Prosecutors must prove the defendant knew about the weapon and controlled it. If police found the gun in a shared apartment or a borrowed car, the attorney can argue it belonged to someone else. New York presumes that everyone in a car possesses a gun found inside. Exceptions apply though and the attorney can challenge the presumption.
  • Valid license or exemption: A valid license can defeat many gun charges. New York also exempts some people, such as licensed dealers and certain police officers. The attorney should check the defendant's license status on the date of arrest.
  • Inoperable weapon: New York law defines a firearm as a weapon that can fire. If the prosecution cannot prove this, the court may reduce or dismiss the charge. Ballistics reports and expert testimony often settle the issue.
  • Suppressed statements: Police must read Miranda warnings before questioning a person in custody. If they did not or if they kept asking questions after the defendant requested a lawyer, the attorney can move to suppress those statements.Which defense fits a case often turns on small details. These include where the weapon was found, what officers said before the search and whether any paperwork existed at the time. Strong defenses are often combined, so one case may involve a suppression motion and a challenge to whether the weapon meets the legal definition of a firearm.

How a New York criminal defense attorney strengthens the case

A New York criminal defense attorney can review the arrest report, examine the officers' conduct and file the needed motions. If the case is not dismissed, the attorney can negotiate for reduced charges or represent the defendant at trial.    ]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[What happens at a criminal arraignment in New York courts?]]> https://www.luibrandlaw.com/?p=50799 2026-09-28T11:54:59Z 2026-10-01T11:53:05Z A criminal arraignment can be the first formal court appearance after an arrest. If you face criminal charges in Latham, New York, this hearing may raise immediate questions. Will you enter a plea? Could you go home afterward? Will the court set bail? Knowing what typically happens at an arraignment can help you prepare for this important stage of your case.

What happens during an arraignment?

An arraignment gives the court an opportunity to address the charges against you and determine what happens next. The judge or another judicial officer generally confirms the charges and addresses your rights. You may also enter a plea to the charges. In New York, the court may consider whether you should remain in custody or return to the community while your case continues. Depending on the circumstances, the court may release you without bail, set bail or impose other conditions. The specific outcome can depend on factors such as the charges, your prior record and the circumstances surrounding the arrest. Because each case has different facts, one person's arraignment may look very different from another's.

What can happen after the hearing?

An arraignment does not usually resolve the criminal case. Instead, it establishes the next steps in the court process. Those steps can vary based on the charges and how the case develops. After the hearing, you may face several possibilities, including:
  • The court may schedule another appearance.
  • The court may release you with conditions.
  • The court may set bail.
  • The court may continue the criminal proceedings.
  • The court may allow the case to proceed toward dismissal, a plea agreement or trial.
Having legal assistance at this stage can help you evaluate the charges, address release conditions and prepare for the proceedings that follow.

What comes next matters

An arraignment can set the direction for the early stages of a criminal case. Understanding what the court addresses during this hearing can make the process less uncertain and help you recognize why the decisions made at this stage matter.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[Can you sue a former employee for taking your client list?]]> https://www.luibrandlaw.com/?p=50796 2026-09-14T03:25:10Z 2026-09-18T03:24:51Z When does taking a list become actionable? In New York, former employees are generally free to solicit past clients. However, a former employee may face legal liability in New York under the following circumstances:
  • They committed illicit acts, such as physically stealing or unlawfully duplicating corporate files.
  • They signed a binding contract that prevents them from contacting or soliciting those specific clients.
  • They took or used a client list that qualifies as a protected trade secret under New York law.
Under New York law, client lists compiled from public sources are generally not protected trade secrets; trade secret protection applies only if the list incorporates confidential, non-public information that competitors cannot easily discover or recreate.

What steps should you take now?

You should immediately review your own security habits, since courts may reject theft lawsuits if companies never took reasonable steps to protect them in the first place. Furthermore, if you had a non-solicitation agreement in place, you should check if it can pass the BDO Seidman test to know if the agreement is enforceable.

How a legal guide may help

New York courts have set the bar high for an employer who wants to sue their employee in a business dispute. You may need a clear strategy if you are going to take the matter to court. With the help of an experienced business attorney, you can analyze your situation and build a strong strategy to protect your hard-earned corporate assets.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[Can a New York employer ask about your salary history?]]> https://www.luibrandlaw.com/?p=50790 2026-09-11T10:53:36Z 2026-09-16T10:53:14Z A job interview can get uncomfortable when the conversation turns to money. If an interviewer asks what you earned at your last job, you may feel pressure to answer because you do not want to hurt your chances. New York law limits those questions, allowing applicants to focus on what the new position should pay instead.

Pay questions employers cannot ask

New York Labor Law Section 194-a generally bars employers from asking about an applicant’s wage or salary history. The restriction covers past compensation and benefits, whether the employer asks orally, in writing or through someone else. An employer also cannot contact a former employer to obtain that information. Nor can it use your past pay to decide whether to interview you, hire you or set your compensation.

Salary expectations employers can discuss

The salary-history ban does not prevent a normal conversation about what you want to earn. An employer may ask about your salary expectations, and you can discuss the range you would consider acceptable. The distinction is simple. “What did your last job pay?” looks backward. “What salary are you seeking?” focuses on the role in front of you.

Workers protected by New York’s salary-history law

The law covers applicants seeking jobs primarily based in New York, even if the employer operates elsewhere or interviews you remotely. Part-time, seasonal and temporary applicants also receive protection. Current employees have protections in some situations. An employer cannot require you to disclose pay from another job as a condition of considering you for a promotion. Independent contractors and freelancers generally fall outside the law unless they work through an employment agency.

When you share past pay during negotiations

You may disclose your salary history voluntarily and without prompting. Mentioning previous pay can sometimes support a request for a higher offer. Once you volunteer that information, an employer may consider it. However, the employer may confirm your salary history only in limited circumstances. Verification can occur after the employer makes an offer with compensation and you use prior pay to support a request for more.

Protection from retaliation for refusing to answer

An employer cannot refuse to interview, hire or promote you because you declined to provide salary history. The law also protects applicants and employees who complain about a possible violation. If the question affects a hiring or promotion decision, keep emails, application forms and notes about the conversation. Those details can help you understand whether the situation involves workplace retaliation.

Pay questions to prepare for before an interview

Before your next interview, decide what compensation you want based on the new role rather than your old paycheck. That gives you a clear way to redirect the conversation if someone asks about past earnings. If a question feels improper, note who asked it, what they said and what happened afterward. Preparing in advance can help you discuss pay without letting an old salary define your next opportunity.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[What is defamation in New York business?]]> https://www.luibrandlaw.com/?p=50792 2026-08-28T15:50:58Z 2026-09-02T15:50:19Z Elements of a New York commercial defamation claim Filing a business defamation claim in New York state courts requires proving specific legal facts. You must show that someone published a false factual statement about your company to a third party without authorization. The legal standard for fault depends on who is involved. New York law requires a private business involved in matters of public concern to show that the publisher acted in a grossly irresponsible manner. Public figures or public entities must meet a higher bar by proving actual malice. This means proving knowledge of falsity or reckless disregard for the truth.

Difference between false facts and legal opinions

New York judges carefully separate factual statements from protected opinions. Personal opinions or general business criticism receive broad constitutional protection under state law. Statements become illegal defamation when they state false facts that a reasonable person would take as real truth. Showing that a statement is factually false is required to defeat an opinion defense in court.

Proving economic loss in state courts

Statements that directly harm a company in its trade or credit fall under defamation per se. These claims allow recovery without proving specific financial loss. When statements fall outside this category, New York law requires proof of special damages. To meet the legal test for special damages, a company must provide paperwork showing direct financial loss:
  • Written cancellations from named clients
  • Detailed records of specific lost sales contracts
  • Cancelled vendor agreements directly tied to the false statements
Pointing to general drops in monthly revenue will not satisfy the legal test for special damages in New York courts.

Protecting company reputation through legal action

You can take proactive steps to protect your commercial interests when false statements threaten your livelihood. Saving all copies of damaging statements and gathering records of canceled business will give you a clear advantage. New York law gives you one year from the date a false statement is published to file a legal claim.  You can review your situation with experienced legal counsel to build a direct plan of action. Professional guidance helps you protect hard-earned company assets and safeguard your commercial standing.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[Why is evidence preservation important in business disputes?]]> https://www.luibrandlaw.com/?p=50767 2026-08-14T12:58:59Z 2026-08-20T12:58:13Z Business disputes are often resolved by the parties working together to come to a mutually agreeable solution; however, there are times when litigation becomes necessary. When that occurs, there are many considerations, one of which is evidence preservation.  Evidence preservation is a key issue when a business dispute is likely or if it’s already underway. Certain documentation, such as accounting records, contracts, text messages, emails, meeting notes, internal messages and similar evidence, can help to clarify points in the dispute. 

Companies have a duty to preserve evidence

A company has a duty to preserve any evidence that might become part of the case, particularly if litigation is reasonably anticipated. This could be before a lawsuit is filed, but there are certain events that should automatically trigger evidence preservation. Demand letters, serious internal complaints, failed transactions and contract breakdowns are some of those events.  If a litigation hold is issued, evidence preservation is necessary. This applies to employees, executives, information technology staff, managers and anyone who has access to or control of relevant records. The notice should clearly state what evidence needs to be preserved, where it might be located and what normal record destruction processes must be halted.  Record preservation isn’t limited only to physical evidence. It also applies to electronic evidence, which can mean securing files on shared drives, messaging platforms, cloud storage systems, databases and phones. Information technology personnel often handle the digital record preservation.  Preserving evidence doesn’t mean that you have to keep everything forever. Instead, it means taking reasonable steps to protect information that may be central to the business dispute. Working with someone familiar with these matters may be beneficial so they can offer assistance with ensuring you have a suitable plan in place to preserve evidence. ]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[Modern defamation may have a large audience]]> https://www.luibrandlaw.com/?p=50777 2026-08-17T11:12:21Z 2026-08-20T11:11:34Z Defamation is often divided into two main categories, which are slander and libel. Slander is a spoken statement, while libel is a written or published statement. Historically, part of the difference is just how many people the defamation could reach. When it was slander, the audience was relatively limited. Only someone who heard the statement being made would actually be influenced. With libel, however, because the statement was published and could be read by others in the future, it could have a much greater audience. This was especially true for defamation issues in newspapers, magazines and other such works with a wide circulation. The potential audience expanded, and the statement could still be read weeks, months or even years after it was made.

The role of social media

Today, one key thing to consider is the role that social media plays in defamation. When someone intentionally writes an untrue, damaging statement on social media, it is potentially being exposed to an audience of millions of users. On top of that, even if the initial statement is deleted, the defamation can persist. Other users may have shared it or even taken screenshots. It is very hard to fully delete something from the internet once it has taken hold. Many people will see the original damaging statement, but may never know that it has been deleted or even retracted in the future. Because of this wide audience, modern defamation can have a severe impact on a person's future and reputation. Those who find themselves in this position must know what legal steps they can take moving forward.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[When can a court freeze business assets before trial?]]> https://www.luibrandlaw.com/?p=50779 2026-08-17T11:11:42Z 2026-08-20T11:09:23Z Suppose a former business partner is quietly draining a shared account, or a manager is shifting company money into a personal one. A lawsuit could take a year or more, and a favorable verdict means little if the funds are already gone. New York lets you ask a court to lock down assets while a case is still pending, though the bar for that order sits high. Two tools handle most of this work.

Two court orders that can hold assets in place

Courts freeze assets through two different mechanisms, and each serves a distinct purpose. An order of attachment lets a sheriff seize a defendant's property to secure a possible money judgment later on. A preliminary injunction instead restrains the other side from selling, moving or hiding specific property during the case. Judges treat both as extraordinary relief, so you generally need solid proof, not just worry, before a court will grant one. These remedies often surface in a business fraud case where an insider may be diverting company funds.

When attachment can secure a money claim

Attachment applies only to lawsuits seeking money. Under state law, it is available on a limited set of grounds, such as a defendant who lives outside New York or one who is hiding or removing property to defeat a future judgment. You also have to show that your claim will probably succeed and that it exceeds any known counterclaims. Because a wrongful freeze can harm the other party, a court will usually require you to post a bond first to cover potential damages.

When an injunction can stop a transfer

A preliminary injunction works differently. Courts may grant one when a party is about to make a future judgment meaningless, such as emptying the very accounts at the center of the dispute. Judges apply a three-part test that weighs your likelihood of success, the risk of irreparable harm and where the equities fall. Irreparable harm generally means an injury that money alone cannot repair, so a court usually will not freeze assets when you only want a cash recovery, unless a specific, identifiable fund is at stake. If the danger is immediate, a temporary restraining order (TRO) can preserve the status quo until the court hears the full motion.

Why speed and evidence shape your options

Both orders reward the party who moves early and comes prepared. The moment you suspect assets are slipping away, start preserving proof, including bank statements, transfer records and any pattern that shows money leaving the business. Courts respond to specifics rather than hunches, and the sooner that record takes shape, the more options stay open to you.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[The Third Party Doctrine and electronic evidence]]> https://www.luibrandlaw.com/?p=50771 2026-08-14T12:58:53Z 2026-08-19T12:58:12Z Many modern criminal investigations involve electronic evidence. Often, police officers want to search a person's cellphone. They may want to read text messages, look at a record of calls they have made, view the websites or apps they have used, examine their location data to see where they were at the time of the crime and much more. Generally speaking, people do have an expectation of privacy when it comes to their personal cellphones. Police officers cannot force them to unlock it and perform a search. They can ask for consent, or they need to get a search warrant. But in other cases, people have voluntarily shared information with a third party, which reduces their expectation of privacy. This can significantly change how the police gather evidence.

Do they even need to unlock the phone?

For example, say that someone has been using a third-party app to send direct messages. The police believe that these messages contain evidence of illegal activity, such as financial fraud or other white-collar crimes. Even if the police cannot get a warrant for the specific phone, they may be able to request a log of those text messages from the company that owns that app. The user has voluntarily shared their messages with that company, reducing their expectation of privacy. The company may choose to turn over the information to the authorities, even if they never unlock the cellphone.

Your legal defense options

If you are facing criminal allegations, understanding search warrant requirements and the Third Party Doctrine is critical. Be sure you know what legal steps you can take and what defense options you have.  ]]>