Luibrand Law Firm, PLLCLawyer Albany New York | Luibrand Law Firm, PLLC | Latham2026-09-18T03:24:51Zhttps://www.luibrandlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100757/2019/07/cropped-logo-32x32.pngOn Behalf of Luibrand Law Firm, PLLC<![CDATA[Can you sue a former employee for taking your client list?]]>https://www.luibrandlaw.com/?p=507962026-09-14T03:25:10Z2026-09-18T03:24:51ZWhen 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=507902026-09-11T10:53:36Z2026-09-16T10:53:14ZA 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=507922026-08-28T15:50:58Z2026-09-02T15:50:19ZElements 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=507672026-08-14T12:58:59Z2026-08-20T12:58:13ZBusiness 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=507772026-08-17T11:12:21Z2026-08-20T11:11:34ZDefamation 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=507792026-08-17T11:11:42Z2026-08-20T11:09:23ZSuppose 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=507712026-08-14T12:58:53Z2026-08-19T12:58:12ZMany 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.
]]>On Behalf of Luibrand Law Firm, PLLC<![CDATA[What are drug schedules?]]>https://www.luibrandlaw.com/?p=507752026-08-14T12:11:55Z2026-08-19T12:11:21ZThe Controlled Substances Act (CSA) determines whether substances can be manufactured, distributed and used for medical purposes. Drugs are categorized into drug schedules under the CSA.
If you are facing criminal charges for drug crimes, then it is important to understand the different drug schedules. Here is what you should know:
Understanding the five drug schedules
There are a total of five drug schedules. The first three drug schedules, Schedule V, IV and III, include the least dangerous substances. Schedule V and IV substances include antidiarrheal medication, Xanax or Valium. These drugs have little to no potential for addiction or abuse. Most Schedule V and IV substances can be bought over the counter or by a prescriber. Many Schedule III substances, including testosterone or steroids, require a prescription before purchase.Schedule II substances, including Ritalin, oxycodone, and fentanyl, have moderate to high risk of addiction and abuse. These substances can lead to psychological and physical dependence if used recklessly. Doctors rarely prescribe Schedule II substances outside of hospitals. Schedule I substances are the most dangerous forms of drugs. Heroin, peyote and ecstasy are all forms of Schedule I drugs. These drugs are highly addictive and can lead to serious dependency. There are no accepted medical uses for these drugs.
How schedules impact drug crime charges
Why do drug schedules matter if you are facing drug crimes? During a criminal trial, the severity of a substance can impact charges against you. For example, you may face minimal consequences if you were in possession of a Schedule V substance. However, you may face much more severe charges for possession of a Schedule I substance. Professional legal guidance can help you build a case against criminal charges.]]>On Behalf of Luibrand Law Firm, PLLC<![CDATA[What actually happens during a DWI traffic stop]]>https://www.luibrandlaw.com/?p=507622026-08-13T10:42:26Z2026-08-19T10:13:32ZWhen flashing lights appear in the rearview mirror, many drivers immediately feel anxious and unsure of what will happen next. A traffic stop can move quickly, and every interaction may later become important in court.
Even routine conversations during a stop may affect the outcome of a case. However, understanding how the process usually unfolds can help drivers recognize why these situations may become more complicated than they first appear.
DWI stops and arrests
A DWI stop often begins with an officer observing behavior they believe suggests impairment, such as swerving, drifting between lanes or delayed reactions at traffic signals. After pulling the vehicle over, the officer will typically ask for a driver’s license, proof of insurance and registration while also watching for signs like the smell of alcohol, slurred speech or bloodshot eyes. Officers may also ask questions about where the driver has been, whether alcohol was consumed and how much was consumed.If the officer suspects impairment, they may ask the driver to step out of the vehicle and perform field sobriety tests. The three most common tests are the horizontal gaze nystagmus test, the one-leg-stand test and the walk-and-turn test. While officers use these tests to look for signs of intoxication, factors such as medical conditions, nervousness or uneven pavement can sometimes affect performance. In some cases, a preliminary breath test may also be requested at the roadside.If the officer believes there is enough evidence of impairment or probable cause, an arrest may follow. After the arrest, the driver is usually transported for chemical testing, which may involve a breath or blood test to measure blood alcohol concentration. Depending on the circumstances, the person may be booked into jail, issued court dates or face administrative license suspension proceedings. The details of the stop, testing procedures and officer observations can all become important issues later in the legal process.Anyone facing a DWI charge can benefit from speaking with an experienced legal professional who can carefully review the stop, examine the evidence and explain the legal options available moving forward.
]]>On Behalf of Luibrand Law Firm, PLLC<![CDATA[When is a stop-and-frisk encounter a violation of civil rights?]]>https://www.luibrandlaw.com/?p=507642026-08-13T10:42:21Z2026-08-18T10:13:31ZWhen is a pat-down appropriate?
There are some scenarios in which a law enforcement professional may need to pat down or physically search an individual to ensure their safety and the safety of other people. Police officers who do not have reason to arrest a person yet generally can only conduct pat-down searches when they have a reasonable suspicion that the person is in possession of a dangerous weapon.
Racial profiling, suspicion of other criminal activity that does not reach the threshold of probable cause and being present in a neighborhood known for high crime rates are not valid reasons to pat down or frisk a person who is not under arrest. The Supreme Court has ruled on this issue and established the need to search for a weapon as the only legal basis for a stop-and-frisk encounter in a public location.
Police officers sometimes conduct inappropriate searches, and what they find during the searches may lead to criminal charges. A defense attorney can potentially suppress evidence found through a violation of a person's civil rights.
Discussing law enforcement conduct with a legal professional can help people understand their rights and fight back after a violation of their civil liberties.]]>