Employers for decades have performed drug tests on employees to determine if they are fit for employment on a day-to-day basis. Often drug testing was only performed as a qualification for employment. In other cases, employers would do routine drug testing to ensure that employees were not using illegal drugs once employed. In other instances,…
As car dealerships continue to evolve and grow during this time of flux related to technology advancements, supply chain issues and the effects of the COVID pandemic, Schwartz Ettenger has identified numerous employee-related issues that we recommend addressing now to ensure continued success of your dealership(s). The top ten employee-related issues facing car dealers today…
Parents who have children battling addiction or struggling with mental illness are often too consumed with the daily care and concern for their child to give consideration to the future and how their son or daughter will be cared for when they are gone, or whether their child will be able to manage the assets…
What Is Succession Planning? To put it in a nutshell, the term ‘succession planning’ refers to a business strategy companies use to pass leadership roles down to the next generation. After years of hard work and personal sacrifice, succession planning ensures that businesses continue to run smoothly and without interruption, after important people move on…
As legalization, regulation and rising acceptance of the cannabis industry, for both medical and recreational use, gains momentum in New York state and around the nation, numerous opportunities – and challenges – face this industry and its affiliated businesses. Whether it’s asset protection, regulatory compliance and risk management, labor and employment-related disputes, negotiating, reviewing, and…
Are you recently widowed, or do you have a close friend or relative who has lost a spouse? During such a difficult time, with so much to take care of, panic can set in as you begin navigating the probate process – don’t panic, the professionals at Schwartz Ettenger can help! Not everyone needs to…
Twenty years ago, I was sitting in my office when I got a call from a client who had just been served a lawsuit under the Americans with Disabilities Act (“ADA”) for not having handicapped access to its restaurant. Amongst other things, the lawsuit alleged that the restaurant did not have an ADA compliant ramp…
The Fall Meeting of the National Association of Dealer Counsel (NADC) in Chicago is always an informative meeting for me, where I can learn about the latest legal and business issues from fellow attorneys representing dealerships nationwide and attorneys working for the National Automobile Dealers Association (NADA). Here are some highlights of the issues from…
Three of our attorneys have been named to the 2022 Super Lawyers, New York Metro Edition in the following categories: Lee A. Schwartz, Esq., Founding Member (Corporate Law, Real Estate Law), Jeffrey S. Ettenger, Esq., Member (Employment Law) and Marci S. Goldfarb, Esq., Senior Counsel (Trusts and Estates). Additionally, Kevin E. Timson, Esq., Counsel (Car…
Warning: this article offers no discussion of legal issues, just my commentary on the continued viability of automotive dealerships in the face of franchisors looking to insert themselves more directly into the electric vehicle (EV) customer sales model. It is a pivotal time for franchised dealers, who are responding to a fresh wave of changes…
With electric vehicles (“EVs”) becoming more popular, many franchised dealers are entering into contracts with vendors to purchase advanced charging stations to be installed at specific dealerships. These purchases are often in conjunction with OEM and government programs that help to subsidize the cost of these stations. These vendors not only sell these chargers to…
Whether you are new to commercial leasing, or a seasoned pro, it is important to be educated in determining whether a commercial space is well-suited for your business and whether you are protected by the lease. Commercial leases are complicated and can be intimidating to tenants. To avoid being taken advantage of by the landlord…
