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News and articles ATTORNEY DARCY s. MCALISTER NAMED NEW ENGLAND RISING STAR 2011 Attorney Darcy S. McAlister, partner of the Firm, has been named New England Rising Star in Family Law for the third year in a row by New England Super Lawyers 2011. For details about the selection process, please click here. ATTORNEY MARK CARTA MAKES LIST OF TOP LAWYERS FOR THE SECOND YEAR IN A ROW This recognition is based on confidential surveys conducted by Martindale-Hubbell asking lawyers and members of the judiciary to rate the work of peers whose work they know well, using knowledge as criteria. The list includes attorneys who have been rated "AV Preeminent," the highest peer review available. For additional information about Martindale-Hubbell Peer Review Ratings, please visit martindale.com/ratings.
Directors of Nonprofit organizations: Litigation exposure and Protection by Joseph J.. Rucci, Jr., Esq. Directors of non-for-profit organizations arguably have as much exposure to liability in their roles as their for-profit counterparts. In fact, some states treat the directors of not-for-profit organizations virtually the same as those of for-profit corporations. Directors of nonprofits are responsible for ......(click here for the entire article)
New top level domain extension: ARE YOU READY FOR. xxx? by Kathryn E. Diehm, Esq. How important is your website to your company? If you're like most companies, your corporate website is the public face of your brand. While most companies maintain their websites on the ".com" top level domain ("TLD"), watching the other TLDs for use by unrelated third parties is essential to preventing trademark infringement and maintaining your company's good name. Disclaimer: The foregoing message is for general informational purposes only as a service to clients and friends of Rucci, Burnham, Carta & Carello, LLP. This message should not be construed as legal advice or a legal opinion on any specific facts or circumstances and does not create an attorney client relationship. The information in the foregoing message was not intended or written to be used, and cannot be used by any person for the purpose of avoiding federal tax penalties that may be imposed upon the taxpayer.
FREQUENTLY ASKED EMPLOYEE QUESTIONS FOLLOWING TERMINATION OF EMPLOYMENT 1: Can I be terminated without cause or for a reason I believe is untrue or unfair? A: Generally, in Connecticut and most states, unless you have an employment contract that provides that you may only be terminated for "just cause" (or possibly if your employer has specifically or impliedly promised you continued employment), you are considered an "employee at will." This means that your employment may be terminated by your employer at any time for any reason other than discrimination, retaliation or other illegal cause. 2: What constitutes "wrongful termination"? A: Wrongful termination of an at-will employee generally occurs in three situations: (1) the actual cause for the termination is unlawful discrimination;...... please click here for the entire article.
EMPLOYERS' FREQUENTLY ASKED QUESTIONS 1. How do we determine whether our employees are properly classified as "exempt"? A: The determination of whether an employee should be classified as "exempt" from overtime or "non-exempt" can present a challenge to many employers. Notably, whether an employee is paid on a salaried basis, rather than hourly, is not ...... please click here for the entire article. David J. Rucci, Esq, Effective April 15, 2011, David J. Rucci is joining a private law firm based in New Canaan, Connecticut that is not affiliated with Rucci, Burnham, Carta & Carello, LLP. David's partners wish him well. If you have questions or concerns about David's departure, please feel free to contact any partner.
CONGRATULATIONS TO ATTORNEY JOHN HETHERINGTON ON BEING NAMED RANKING MEMBER OF THE STATE OF CONNECTICUT's JUDICIARY COMMITTEE. Please click here for the entire article about Attorney Hetherington.
BUSINESS ALERT Rucci, Burnham, Carta & Carello, LLP is engaged in the formation of Connecticut Business Banc, Inc., a Connecticut Business and Development Company, which, when formed and licensed by the State of Connecticut and the Small Business Administration, will assist small and medium size businesses in obtaining Small Business Administration loans. Joseph J. Rucci, Jr. is a founder of Connecticut Business Banc, Inc. For more information, please click here for an article published in the Stamford Advocate on Friday, December 17th, 2010.
IMPORTANT FEDERAL TAX CHANGES AS OF 1/1/2011 Congress has now passed, and the President has signed, new legislation which among other things changes the federal estate tax laws significantly. Now, $10,000,000 of a married couple’s estate is exempt from federal estate taxation and the balance, if any, is taxed at 35% (unless given to charity.) Click here for a Summary of the Provisions of the New Law. Does this mean that documents drafted over the last several years with an eye towards avoidance of the federal estate tax must now be revised? Maybe and maybe not. Many trust structures previously put in place, while having less utility under this new law than under older law, may still be appropriate for state estate tax reasons, for income tax reasons, and, in some cases, for non-tax reasons. There may be situations where there is some level of additional tax cost on the state level to having these trusts in place, but such would be an unusual situation unless non-Connecticut real estate were part of the estate tax base. At the same time there may be advantages to be gained by creating trusts for grandchildren before the end of 2010. This is because there is no generation skipping tax imposed on generation skipping transfers made this year. (There may still be a gift tax.) This may be something to consider with respect to existing trusts as well.
mediation - get with the program Attorney Mark R. Carta co-chaired an Alternative Resolution Committee Luncheon Program, together with Attorneys Gary Phelan and Jay Sandak, on Tuesday, January 18, 2011 at the Fairfield County Bar Association in Stamford, Connecticut. Topics discussed included:
ATTORNEYS RUCCI AND CARTA MAKE LIST OF 522 TOP LAWYERS IN 67 AREAS OF PRACTICE Attorney Joseph J. Rucci, Jr. and Mark R. Carta have both been recognized in the following practice areas: Finance, Banking, Civil Rights, Business and Charitable Giving. This recognition is based on confidential surveys conducted by Martindale-Hubbell asking lawyers and members of the judiciary to rate the work of peers whose work they know well, using knowledge as criteria. The list includes attorneys who have been rated "AV Preeminent," the highest peer review available. For additional information about Martindale-Hubbell Peer Review Ratings, please visit martindale.com/ratings. Read more ........
ATTORNEYS RUCCI AND ZABETAKIS PRESENTED AT SEMINAR ON THE NOT-FOR-PROFIT WORLD AT NEW CANAAN HISTORICAL SOCIETY On Wednesday, September 22, 2010, the law firm of Rucci, Burnham, Carta & Carello, LLP with offices in Darien, New Canaan and Wilton together with the Shelton accounting firm Dworken, Hillman, LaMorte & Sterczala, P.C. gave a seminar on Not-for-Profits at the New Canaan Historical Society. The seminar was cosponspored by The Bank of New Canaan. Attorneys Joseph J. Rucci, Jr. and Amy S. Zabetakis gave presentations on creating the Not-for-Profit model, IRS applications and........ (click here for the entire article)
Employment Law Update - September 2010 Connecticut Supreme Court Rules Bonuses are not "Wages" In Connecticut, an employer may be held liable for double damages and attorney's fees if it fails to pay "wages" that have been earned by an employee. Conn. Gen. Stat. 31-71a. By permitting an employee who has earned wages to bring suit ....... (click here for the entire article)
What You don't know about ADR can hurt you Mark R. Carta, the head of our Litigation Department and a Certified Mediator, was participating in a seminar entitled "What You Don't Know About ADR Can Hurt You" on September 14, 2010. Mr Carta discussed the mediation process. The seminar was sponsored by the Connecticut Bar Assocation.
It Must be a mistake, i'm not the one who should be fired! You have just been fired and you did not see it coming. Not only are you feeling "blind-sided", but you believe your employer has made a mistake. You are confident that if your employer really understood your contribution relative to your peers, it would reconsider its position. Read more .....
Rucci, Burnham, carta & Carello, llp opens new office in wilton, connecticut Attorney Robert A. Singewald announced that he has joined the law firm of Rucci, Burnham, Carta & Carello, LLP, which is expanding its practice to Wilton at Attorney Singewald’s offices at 87 Old Ridgefield Road. This is the firm’s third office in Fairfield County, complementing the main office in Darien and an office in New Canaan. William Carello, Resident Partner of the new office said, “We are excited to have Bob join us and welcome this opportunity to serve the Wilton community’s legal needs, particularly in the areas of residential and commercial real estate, litigation, estate planning, family law and employment law. We are bullish on the resurgence of the Wilton economy, particularly in the local real estate market, which we believe will enjoy continued and sustainable growth. Mr. Singewald said that “the addition of Mark Carta and his litigation team opens a dynamic new practice area that I previously did not serve.” Mr. Carello added that “with 22 attorneys we enjoy a depth of experience, but remain small enough to know and understand the dynamics of the Wilton the personal and business legal needs of the Wilton community. We welcome this unique opportunity.are committed to the communities in which we practice and look forward to . Robert A. Singewald, who joined as Of Counsel to the firm on August 1, will continue to serve his clients with Mr. Carello out of the Wilton office. In addition, long-time Wilton resident Paul Burnham and Mark Carta will be spending time in the Wilton office to better serve their local clients. Attorney Carello practices in the areas of real estate, commercial transactions and business organizations. He received his degree in business administration magna cum laude and his law degree with high honors from the University of Connecticut. He is a two-term past president and current board member of the Darien Chamber of Commerce and past District Governor of the International Association of Lions Clubs.
FEDERAL ESTATE TAX LAW CHANGES FOR 2010 Federal estate tax law changes effective for the year 2010 may give reason to update or amend current estate planning documents. Congress has yet to amend the estate tax laws enacted in 2001. Accordingly, there is no federal estate tax imposed upon the estates of those who pass in 2010. If no new legislation is enacted this year, the federal estate tax will return in 2011, with an exemption of $1,000,000 only, and at least a 50% tax imposed on any excess value not passing to a surviving spouse or charity. *** AMERICARES RECEIVES DONATION FOR ITS EFFORTS IN HAITI West School students presented a check for $22,723 to, in back, from left, AmeriCares board member Joseph Rucci; Assistant Principal Joanne Lavista; Dr. Jill Correnty, principal; AmeriCares board member Carol Bauer, and Andrea Vakos, director of major gifts for the relief organization. The money will help efforts in Haiti.
(Sara Poirier Correa/Hersam Acorn Newspapers Photo) *** THE CONNECTICUT PET TRUST - BARKING UP THE RIGHT TREE Sophisticated estate planning covers many issues, but one question has often gone unanswered. That is the question of what will become of Rover, Felix, Polly, or any other beloved creature, when the owner dies. Some people are fortunate enough to have a friend or relative who will welcome the pet into a new home. But often a friend or relative isn't really prepared to accept the responsibilities of keeping a pet. Then good intentions can lead to an unhappy situation, particularly with the really serious costs involved in maintaining a healthy dog or cat. One option is to .....(click here for the entire article)
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STATE FUND AVAILABLE TO REIMBURSE HOMEOWNERS RIPPED OFF BY HOME IMPROVEMENT CONTRACTORS By S. Ben Brightwell, Esq. and Troy J. Bailey In these difficult times, one of the most agonizing experiences a homeowner may face is deciding to undergo a home improvement project, getting quotes, deciding on a contractor, and paying for the contractor's services - only to find that the work was poorly done or not completed at all. To add insult to injury, after homeowners have gone through the trouble of going to court and getting a judgment against their contractor, the homeowners often find that they cannot collect because the contractor has simply disappeared, or is financially insolvent. To read the entire article, please click here.
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AmeriCares Airlift Benefit 10.17.2009
Joe and Debbie Rucci (left) and Jim and Dorothy Dempsey at AmeriCares Airlift Benefit 2009. Celebrating an inspirational evening of cocktails, dinner and dancing with AmeriCares benefactors, Master of Ceremonies Mika Brzezinski, co-host of MSNBC's "Morning Joe" and Citadel Media's "The Joe Scarborough Show", and entertainers Toots and The Maytals. *** Attorney darcy S. McAlister named new england rising star 2009 Attorney Darcy S. McAlister, partner of the Firm, has been named New England Rising Star in Family Law by New England Super Lawyers 2009. For details about the selection process, please click here. ***
A How-To Guide To Obtaining An Attachment Under C.G.S. § 52-422 This article first appeared in The Connecticut Lawyer, is copywritten by the Connecticut Bar Association and is being reprinted with permission of The Connecticut Lawyer. In these difficult economic times, the primary consideration in evaluating a potential client’s claim may not be whether the client is likely to prevail, but whether there will be anything available to collect after judgment has entered. Fortunately, Connecticut law authorizes pre-judgment attachment remedies somewhat liberally and without significant expense or burden on the moving party. Plaintiffs in arbitration matters have no less of an interest in ensuring that their future arbitration award will be collectible, but the road that must be taken to obtain such an attachment is not quite so smooth. This article addresses the sometimes unforeseen complications that arise when an arbitration clause governs, provides guidance on the filing requirements for pre-arbitration award attachments and identifies some solutions to potential obstacles to these attachments. To read the full article, please click here. ***
The ADR Center (American Dispute Resolution Center) has added Attorney Mark R. Carta to their select list of mediators and arbitrators The ADR Center's arbitration and mediation panels are comprised of experienced neutrals skilled in arbitration and mediation. Every arbitrator has a minimum of ten years experience in his or her field, with most having significantly more experience. The ADR Center's commercial arbitrators consist of attorneys and other professionals skilled in business, contract, employment, probate issues, among others. The ADR Center won the Gold ranking in the ADR Mediation category. Since the inception of the poll, Law Tribune readers have ranked the ADR Center as a top ADR Mediation provider in Connecticut each year. Mediation, through the efforts of skillful mediators, remains one of the most effective means of resolving disputes in a non-confrontational way, whether in the early, middle or latter stages of a dispute. Attorney Carta has extensive experience in arbitration and mediation proceedings and is a Certified Mediator. He was also chosen by the Connecticut Bar Association to serve as a neutral on disputes between lawyers and is co-chair of the Regional Bar Association's Alternate Dispute Resolution Committee. *** Arbitration Attachments: a how-to guide to obtaining an attachment Kathryn A. Sherman, Esq. authored an article entitled Arbitration Attachments: A How-To Guide to Obtaining an Attachment Under Conn. Gen. Stat. § 52-422 that was published in the July issue of Connecticut Lawyer. Attorney Sherman's article explains the obstacles that arise when a Plaintiff seeks an attachment on a Defendant's assets prior to the rendering of an arbitration award and how to successfully obtain an attachment. The article notes that while such attachments are relatively routine in actions before Connecticut Superior Courts, obtaining an attachment when an arbitration clause or agreement requires some additional effort. Connecticut courts have determined that to obtain an arbitration attachment, which is sought through a Motion for Order Pendente Lite pursuant to Conn. Gen. Stat. § 52-422, the requested judicial intervention must be "necessary" and present an "extraordinary situation." As explained further in the article, these criteria may be difficult to satisfy where the arbritration agreement specifies a tribunal for the arbitration proceeding that has adopted rules permitting interim relief. *** REVERSAL OBTAINED ON APPEAL TO CT SUPREME COURT IN Bayer v. Showmotion Attorney Mark R. Carta prevailed in an appeal of a summary process action to the Connecticut Supreme Court on behalf of Showmotion, Inc. in Bayer v. Showmotion, Inc. The opinion, authored by Chief Justice Rogers, was officially released on July 7, 2009, and sets forth the basis for the Court's unanimous decision ordering reversal of the trial court's judgment. Showmotion, the defendant tenant, appealed the trial court's decision granting immediate possession of the leased property to the plaintiff landlord. Showmotion further appealed the trial court's denial of its motion to dismiss the summary process action on various grounds, including that Showmotion properly had exercised its right of first refusal to purchase leased property, thereby giving Showmotion equitable title to the property and entitling it to possession. In a matter of first impression, the Supreme Court applied to option contracts the general contractual rule that a binding contract may exist even where nonessential terms were left to further negotiations. The Supreme Court applied this rule to conclude that the trial court's finding that Showmotion had not properly exercised its option to purchase the property was clearly erroneous. The Supreme Court further agreed with Showmotion's argument that the trial court's finding that Showmotion had breached the lease by failing to pay timely rent was clearly erroneous, holding that no rent was due as the lease had been terminated upon Showmotion's exercise of the option, which rendered Showmotion an equitable owner. To read the Court's full decision, please click here. *** Glen j. moore named one of the top 40 under 40 fairfield county business leaders 2009 Attorney Glen J. Moore was named one of the Top 40 Under 40 Fairfield County Business Leaders by the Fairfield County Business Journal. Glen Moore: "Leadership to me is applying the highest ethical and moral standards to my business and personal life in order to positively impact and influence the lives of my family, friends, clients, colleagues and players. I became a partner at my firm in January. I am very active in the Darien community and currently serve on the Board of Directors for The Darien Nature Center, The Community Fund of Darien and The Darien Historical Society. I have also been a volunteer coach in the Darien Youth Lacrosse Association since 1995. My professional affiliations include the Fairfield County Bar Association, Connecticut Bar Association, American Bar Association, Greenwich Bar Association and the Greenwich Board of Realtors as an affiliate member." *** KOSINSKI V. CARR APPELLATE DECISION The former Chief Justice of the Connecticut Supreme Court, writing for the Appellate Court, recently affirmed a trial court’s decision won by Mark R. Carta and Darcy S. McAlister of our Litigation Department. The trial court upheld the enforceability of a covenant that prohibited the subdivision of residential property. The Court also ruled that a seller’s failure to disclose the restrictive covenant was a breach of the parties’ Sales Contract and of the seller’s Warranty Deed. Rucci, Burnham, Carta & Carello’s clients were awarded damages that reflected the diminution in the value of their property as well as their attorneys’ fees and costs. Among the issues addressed in the Appellate Court’s opinion were: the necessity for a defendant to specially plead the defense of unclean hands; whether a trial court is under an affirmative duty to amend a defendant’s pleadings sua sponte; and the extent to which an attorney’s knowledge is imputed by operation of law to his client. The decision is reported at Kosinski v. Carr Appellate Decision *** "Navigating an Employee’s Exit in an Unsteady Economy" Attorneys Mark R. Carta and Stephen P. Horner were lead presenters in a seminar on severance negotiations on June 17, 2008. The seminar, sponsored by the Fairfield County Bar Association, was titled “Navigating an Employee’s Exit in an Unsteady Economy,” and focused on strategies for severance negotiations and seamless terminations from the viewpoint of both management and employees. Thomas J. McKiernan, President of Abercrombie Burns McKiernan & Co. Ins., Inc., of Darien, also was a presenter at the seminar. Topics discussed included: severance negotiations from management and employee perspectives; approaches with in-house counsel that work; crafting severance provisions to best serve management’s goals; employee strategies for negotiating the best severance package; conducting an effective pre-termination investigation; employment practices liability insurance; mass layoffs and compliance with the “WARN” Act and the Older Workers’ Benefit Protection Act; and strategies for conducting exit interviews. The seminar was held at the office of the Fairfield County Bar Association, at 970 Summer Street in Stamford. fcba@conversent.net. *** Attorney Stephen P. Horner named "Super Lawyer" Attorney Stephen P. Horner, of counsel to the firm, has been named New England Super Lawyer in Labor and Employment Law for the third year in a row. For details about the selection process please click here. *** Announcements January, 2009 – Rucci, Burnham, Carta & Carello, LLP announces that Attorney Glen J. Moore has joined the firm as a partner. Mr. Moore, a lifelong Darien resident, has provided legal services and advice to clients locally and in the surrounding communities for more than eleven years. He is a general practice attorney with experience in residential real estate transactions, financing, estate planning and estate administration.
Mr. Moore was educated in the Darien public school system and earned his undergraduate degree from Georgetown University. At Georgetown he played varsity lacrosse and captained the team his senior year. Lacrosse continues to be a passion and since 1995 he has been a volunteer coach in the Darien Youth Lacrosse Association. Mr. Moore received his juris doctor degree from Pace University School of Law.
An active member of the community, Mr. Moore currently serves on the Board of the Darien Historical Society and was recently elected to the Board of the Darien Nature Center. He, his wife Meghan, and their three children live in Darien.
“We are very pleased to have Glen on board. He is an experienced attorney with roots in the Darien Community” commented Rucci Burnham managing partner, Joe Rucci. ***
Joseph J. Rucci, Jr., Managing Partner and Founder of the firm, was being "roasted" by the New Canaan Gridiron Club during a fun-filled evening on April 13th at the Country Club of New Cannan. The New Canaan Gridiron Club is a social organization created to promote camaraderie among its members who come from a wide variety of backgrounds and professions within the community. Attorney Rucci, a New Canaan native, was portrayed by members of the Club who in a variety of fun skits recreated his life on stage, starting with his high school years, through college and the first signs of the budding entrepreneur, dating and meeting his soul mate Debbie, law school, life as an FBI agent, family man, and attorney-at-law.
Articles Is this Age Discrimination? I was fired from an upper level position with an insurance company, after 17 years of service. As
my 200 employee department - which I headed - was eliminated, the insurance company found internal transfers for everyone else but me. Although I accepted two separate internal transfer offers, each offer was rescinded shortly after I accepted. Since I am 59, and one of the oldest in the department, is this age discrimination? If so, what am I entitled to? Steve K., Ridgefield, CT On the surface, this termination certainly has the appearance of age discrimination. Of course, there could be additional factors.....Read More.... *** Negotiating
your Severance Agreement
You are summoned to the HR office and told in a perfunctory manner your services are no longer required. At some point in this "meeting" you are handed a Severance and General Release Agreement ("Agreement"). You are not familiar with such a document and find your Agreement confusing and legalistic. What do you do now? Read More.... *** It
may be time to review your Estate Plan Significant changes in the interplay between the federal and state estate tax systems, effective January 1, 2004 should cause you to consider, again, your estate plan. With respect to the estates of those passing away between January 1, 2002 and the first day of this year no federal or state tax was imposed upon property passing to the surviving spouse or a charity, nor upon the first $1,000,000 in value of property passing to other beneficiaries. With respect to the estates of those passing away on and after January 1 the exempt amount is increased to .... Read More.... *** What
a home buyer should know about title insurance. 2003
was another year of tremendous turnover in the Darien real estate
market. Prices continued to rise and more and more people were
taking advantage of low interest rates which allowed them to
purchase higher priced homes or to jump in to buy their first
one. *** Things
To Know When Selling Your Home You listed your home - now what? You made the decision to sell you home and have taken the first step by listing it with a local realtor who will help you with the sale of probably your biggest investment. The next step.... Read More.... *** Things
To Know When Buying A Home Pre-qualification for a mortgage. A mortgge lender can pre-qualify or pre-approve a potential buyer for a mortgage up to a specific amount based on the buyer's financial information. A potential buyer who can show the seller and/or the realtor that he/she has been pre-qualified for financing might be preferred. It should be noted .... Read More....
Purchasing
a Residence in New York City Fairfield County residents frequently purchase residences in New York City either for themselves to serve as a new home or as a pied-a-terre, or for their children who may be just starting their careers and need parental assistance. In either case, all purchasers should be aware of how New York City costs and procedures differ from those in Connecticut. The most common form of residence in Manhattan is the cooperative apartment which makes up over.... Read More.....
Civil
Defendants Finally Awarded a Defensive Weapon
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