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Kevin McKernan Kevin McKernan

Are Employers Liable in Tort for Employees' Sexual Assaults?

Employers may face growing tort liability for employee sexual assaults under the American Law Institute’s new Special Rule on Vicarious Liability. Learn when liability may arise, what “particularly vulnerable” means, which industries face increased exposure, and proactive steps employers can take to reduce risk through screening, oversight, and workplace safety measures.

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Kevin McKernan Kevin McKernan

Choosing a Guardian for Your Child(ren)

Choosing a guardian for your children is one of the most important estate planning decisions parents make. Learn the key factors to consider, including shared values, financial and emotional readiness, family dynamics, and geographic concerns. Without a formal guardianship designation, courts—not parents—will decide who raises your children if the unexpected occurs.

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Kevin McKernan Kevin McKernan

5 Ways Estate Attorneys Can Bring Order to Digital Chaos

Digital assets are a growing estate planning risk. Learn five ways estate attorneys can help clients organize, inventory, and protect online accounts, cryptocurrency, and digital property. Proper planning ensures fiduciary access, prevents loss, and secures sensitive data, helping families avoid delays, disputes, and cybersecurity risks when administering modern estates.

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Kevin McKernan Kevin McKernan

AI in HR Systems Raises New Privacy and Compliance Risks for Employers

AI in HR systems is raising new privacy and compliance risks for employers. Learn why AI in HR is a data governance issue, the importance of human oversight, vendor risk management, and clear documentation. Organizations must align legal, HR, IT, and privacy teams to ensure responsible AI use and protect employee and candidate data.

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Kevin McKernan Kevin McKernan

HR and AI Deepfakes in the Workplace

AI deepfakes are creating new challenges for HR professionals in workplace investigations, compliance reviews, and employee disputes. Learn how organizations can update policies, train staff to detect manipulated content, preserve digital evidence, and respond to rising AI-related threats. Proactive HR and IT strategies help reduce risk and protect businesses from deepfake misuse.

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Kevin McKernan Kevin McKernan

What is the Difference Between an Executor and a Trustee in New York?

In New York estate planning, executors and trustees serve different roles. Executors manage and settle a decedent’s estate through probate, while trustees oversee trust assets for beneficiaries over time. Learn the key differences in appointment, responsibilities, duration, and purpose to better understand estate administration and trust management in New York.

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Kevin McKernan Kevin McKernan

Employment Tip of the Month – April 2026

April 2026 Employment Tip: New York employers are largely prohibited from using credit checks in hiring and employment decisions. Learn key exceptions, compliance requirements, and recordkeeping obligations. Employers must update policies, avoid credit inquiries, and ensure any use falls within narrow exemptions to prevent discrimination claims and legal exposure under evolving state law.

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Kevin McKernan Kevin McKernan

What If an Executor or Administrator is Blocking the Sale?

When an executor or administrator blocks the sale of inherited property, New York’s RPAPL § 993 (Uniform Partition of Heirs Property Act) offers a structured, court-supervised solution. Learn when to file a petition, how appraisals and buyouts work, and when to seek fiduciary removal under SCPA §§ 711 and 719 to resolve disputes fairly.

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Kevin McKernan Kevin McKernan

Paid Prenatal Leave for Employees

New York’s Paid Prenatal Leave law requires employers to provide 20 hours of paid leave for prenatal care, separate from regular sick leave. Effective January 1, 2025, with NYC requiring a written policy as of July 2, 2025, all employers—including small businesses—must update policies to ensure compliance and avoid potential penalties.

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Kevin McKernan Kevin McKernan

Estate Planning for Intellectual Property Owners – Protect your Creative Legacy

Estate planning for intellectual property owners is essential to protect patents, copyrights, trademarks, and royalties. Learn how to properly document, register, and transfer IP assets to avoid disputes, loss of value, or abandonment. A well-structured estate plan ensures continued management, income generation, and preservation of your creative and financial legacy.

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Kevin McKernan Kevin McKernan

Being Commission-Based Doesn't Make a Worker an Independent Contractor

Being paid on commission does not automatically make a worker an independent contractor. Courts look at the full relationship, including long-term treatment as an employee, supervision, and access to benefits like health insurance and 401(k). Misclassification risks remain high if the facts support employee status despite flexible work arrangements.

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Kevin McKernan Kevin McKernan

ABLE Accounts and the Impact of 'Big Beautiful' Changes

The One Big Beautiful Bill Act (OBBBA) permanently strengthens ABLE accounts, expanding tax-free savings options for individuals with disabilities. Learn eligibility rules, contribution limits, SSI and Medicaid impacts, and new provisions like ABLE to Work and 529 rollovers. These updates enhance financial planning flexibility, independence, and long-term security for families and beneficiaries.

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