September, 2019

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Guidance Issued Regarding the $20 Cap on Application Fees

GDB Firm Blog

The New York State Department of State (the "DOS") has just issued a Guidance for Real Estate Professionals in connection with the Housing Security and Tenant Protection Act of 2019 (the "Act"), that addresses, among other topics, the $20 limit on application fees.

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Willful Exaggeration of Lien For Extra Work

GDB Firm Blog

The Lien Law seeks to punish a willful exaggeration of a mechanic's lien, not honest differences of opinion concerning what is owed. But can one be punished for liening for extra work which ultimately proves to be within the scope of the contract? A recent case suggests "yes," under the right circumstances.

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Avoiding Unnecessary Litigation Expense, Especially When You Are Not Even a Party to the Lawsuit

GDB Firm Blog

Your customer gets involved in a dispute with a former business partner and the next thing you know, you are being dragged in because you have years of records that one side or the other wants to prove their case. You have no liability, but your employees waste hours, or days, collecting information, appearing for depositions, or testifying in court.

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Maximizing Your Protection for Remotely Given Customer Payment Orders

GDB Firm Blog

As technology evolves, many banks forget to take advantage of a 30-year-old UCC provision that protects them when they accept remote customer directions to send. In a commercial context (this law doesn't apply to Regulation E transfers involving consumers), if a bank creates a commercially reasonable security procedure and requires the customer to follow that procedure in order to remotely authorize a transaction, and the customer agrees to the procedure, the risk of an unauthorized directi

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Personal Liability for Trust Fund Diversion By Home Improvement Contractor

GDB Firm Blog

A recent decision highlights the special remedy available to an owner of a home improvement whose contractor misused funds paid by the owner—a claim for personal liability of the officer or agent responsible for the diversion of trust funds.

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Make Sure Your Vendor Cybersecurity Policies And Procedures Are Up To Snuff

GDB Firm Blog

The final step in the two-year phase in of the DFS cybersecurity regulations came in March 2019, when Section 500.11 regarding vendors became effective. DFS can't directly regulate your vendors, but they can do so indirectly by telling banks, insurance companies and everyone else DFS licenses, charters, permits or regulates who they can, and can not, do business with.

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The Last Date Of Work Revisited. Literally.

GDB Firm Blog

Once again a court grapples with the issue of when the clock starts ticking for filing a mechanic's lien. Can you return to the project site to inventory and remove your materials and reset the 4 month period to file a private improvement lien on a single-family home?

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