BSPE Legal Marketing Podcast

di Viktoria Altman

Stagione 5

How Do You Protect Your Assets in a New York High Net Worth Divorce? - Richard Roman Shum

From Law Office of Richard Roman Shum, Esq. - How Do You Protect Your Assets in a New York High Net Worth Divorce? looks at what happens when a marital estate includes closely held businesses, investment portfolios, deferred compensation, or multiple properties, and why the outcome depends on how carefully each asset is classified, valued, documented, and disclosed under New York's equitable distribution system. Richard Roman Shum, a lifelong New Yorker and Lower East Side resident, built his family law practice around clear, pragmatic strategy for families and business owners across Manhattan. At the Law Office of Richard Roman Shum, Esq., this guide walks through what counts as marital property versus separate property under New York Domestic Relations Law, how separate property can lose its protected status through commingling, and how appreciation of separate property may become marital when it results from a spouse's contributions. The discussion also covers how New York courts divide high-value estates through a three-step process of classifying, valuing, and distributing marital assets according to statutory factors under DRL § 236(B)(5)(d), including income and property at marriage and filing, duration and health, direct and indirect contributions, liquidity, tax consequences, and wasteful dissipation. It also touches on the 2016 amendment that abrogated the O'Brien v. O'Brien rule, meaning courts may no longer treat enhanced earning capacity from a license or degree as distributable marital property, though contributions to that capacity may still factor into the analysis. Finally, the guide addresses what spouses must disclose in a New York divorce, including the sworn Statement of Net Worth required under the matrimonial rules, and how high-asset cases often expand into broader discovery. Listeners facing a high net worth divorce in Manhattan can learn how careful documentation and disclosure protect what they have built. Law Office of Richard Roman Shum, Esq 20 Clinton St FRNT, New York, NY 10002 (646) 259-3416 https://www.google.com/maps?cid=3597344583150276913

S5 · E475

25 ago 2026

3:07

Roanoke Rear-End Accidents: What Virginia Law Says About Fault and Compensation - John P. Fishwick Jr.

From Fishwick & Associates PLC - Roanoke Rear-End Accidents: What Virginia Law Says About Fault and Compensation looks at why rear-end collisions remain the most frequent type of crash in Roanoke, occurring often on busy corridors like I-581, Route 220, and Valley View Boulevard. The discussion covers how tailgating, distracted driving, and wet roads contribute to these crashes, and how Virginia Code § 46.2-816 and Virginia common law create a strong inference of negligence against the trailing driver, even though fault can shift in situations like a sudden stop, mechanical failure, or a multi-vehicle chain reaction. The conversation also examines the injuries rear-end collision victims often suffer, from soft tissue injuries and whiplash to more serious harm such as concussion, herniated discs, and fractures. Listeners will hear how the strict contributory negligence rule under Virginia law can affect a person's ability to recover compensation, along with the steps to take after a crash, including calling the Roanoke Police Department, exchanging information, documenting the scene, and seeking prompt medical care. John P. Fishwick Jr. and the team at Fishwick & Associates PLC represent injured individuals throughout Virginia in personal injury and wrongful death claims, and the episode highlights how working with a Roanoke car accident attorney allows injured people to focus on healing while their claim is handled. It also references National Highway Traffic Safety Administration data showing rear-end collisions account for 28.4 percent of all traffic crashes nationwide, underscoring how common these accidents are on American roads. The episode closes with background on John P. Fishwick Jr., Esq., a Roanoke native and founder of Fishwick & Associates PLC, who earned his law degree from Washington and Lee University School of Law and his undergraduate degree from Harvard University. It notes his admission to practice before the Supreme Court of Virginia, the U.S. Court of Appeals for the Fourth Circuit, and the United States Supreme Court, his service as United States Attorney for the Western District of Virginia, and his recognition with Virginia Super Lawyers and Best Lawyers of America honors. Listeners are invited to call Fishwick & Associates PLC to discuss a rear-end collision claim. Fishwick & Associates PLC 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 (540) 345-5890 https://www.google.com/maps?cid=10040635858459830700

S5 · E474

25 ago 2026

3:27

Living Trust vs. Testamentary Trust: Which Is Right for You? - Davies Law Firm

From Davies Law Firm - Living Trust vs. Testamentary Trust: Which Is Right for You? breaks down how these two estate planning tools differ in New York, particularly when it comes to timing, probate, privacy, and control over assets. The episode explains that a living trust takes effect during your lifetime once it is signed and funded, while a testamentary trust exists only as instructions inside a will and cannot take effect until after death. Listeners will hear how Surrogate's Court plays a central role in testamentary trusts, since a will must be admitted to probate before the court can authorize a fiduciary or trustee to act. The discussion also touches on New York's execution requirements under EPTL § 3-2.1, and how challenges to those formalities can delay an entire estate plan. By contrast, a properly funded living trust can help assets pass without New York Surrogate's Court approval, though a pour-over will may still be used as a backup for unfunded assets. The description also covers privacy differences between the two trusts, noting that a living trust can keep terms, beneficiaries, and asset details outside the public court record, while a testamentary trust becomes part of the probate record once the will is admitted to Surrogate's Court. This distinction is especially relevant for blended families, business owners, and Syracuse families who want to limit what becomes public. Syracuse estate planning attorneys Frederick P. Davies and William P. Davies of Davies Law Firm help families understand how living trusts, testamentary trusts, and wills affect probate, privacy, and asset management. Listeners considering their options are encouraged to schedule a consultation with Davies Law Firm to review their assets, family needs, and probate concerns before deciding how to move forward. Davies Law Firm 210 E Fayette St, Syracuse, NY 13202 (315) 472-6511 https://www.google.com/maps?cid=11885144913064493862

S5 · E473

25 ago 2026

3:02

Denied Workers' Compensation Claims in New Castle, PA - Luxenberg Garbett Kelly & George P.C.

From Luxenberg Garbett Kelly & George P.C. - Denied Workers' Compensation Claims in New Castle, PA explains that a denied workers' compensation claim in Pennsylvania is not final, and injured workers in New Castle and across Western Pennsylvania have the legal right to challenge a denial by filing a Claim Petition. This episode walks through why claims get denied, what a Notice of Compensation Denial means, and how the appeals process works from start to finish. At Luxenberg Garbett Kelly & George P.C., attorneys Lawrence M. Kelly and Joseph A. George help Western Pennsylvania clients overturn wrongfully denied claims, drawing on their team's background in workers' compensation law to counter insurance carrier tactics. The discussion covers common reasons for denial, including late reporting of an injury, disputes over whether an injury is work-related, pre-existing condition arguments, and missed filing windows under the Pennsylvania Workers' Compensation Act. Listeners will learn what a Notice of Compensation Denial, or NCD, means once it is issued, and how it shapes the appeal that follows. The conversation traces the path from filing a Claim Petition with the Bureau of Workers' Compensation, through hearings before a Workers' Compensation Judge, to an appeal before the Workers' Compensation Appeal Board, and further review by the Commonwealth Court of Pennsylvania. Anyone in New Castle or Lawrence County dealing with a denied claim will find practical guidance on deadlines, evidence, and next steps. Call Luxenberg Garbett Kelly & George P.C. at (724) 658-8535 for a free consultation with a Western Pennsylvania workers' compensation attorney. Luxenberg Garbett Kelly & George P.C. 315 N Mercer St, New Castle, PA 16101 (724) 658-8535 https://www.google.com/maps?cid=1349618312503922919

S5 · E472

25 ago 2026

2:40

Manhattan Postnup Lawyer - Richard Roman Shum

From Law Office of Richard Roman Shum, Esq. - Manhattan Postnup Lawyer explains how a postnuptial agreement lets married couples in New York decide how their property, assets, and debts will be divided if the marriage later ends. The description covers how Manhattan postnuptial lawyer Richard Roman Shum helps clients throughout Manhattan and across New York City, including Kings, Queens, Bronx, and Richmond counties, prepare postnuptial agreements that meet New York's legal requirements. The discussion outlines what New York law requires for a valid postnup, referencing Domestic Relations Law § 236(B)(3) and the New York Court of Appeals decision in Christian v. Christian, which confirmed that these agreements are enforceable when properly executed. It also explains that a postnuptial agreement must be in writing, signed by both spouses, and acknowledged before a notary public, and it notes how Petracca v. Petracca addressed circumstances such as inadequate financial disclosure that can make an agreement unenforceable. Listeners will learn what a Manhattan postnuptial agreement can cover, including property division, business interests, debt allocation, and spousal support, while child custody and child support remain subject to court review. The description also touches on how spouses can use a postnup to address situations like receiving an inheritance, starting or growing a business, discovering hidden debt, one spouse leaving the workforce, reconciling after a separation, or experiencing a significant increase in wealth. This overview is designed for Manhattan couples considering whether a postnuptial agreement fits their circumstances, and it points listeners to the Law Office of Richard Roman Shum, Esq. for guidance. Those with questions can call the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a free consultation with Manhattan postnuptial lawyer Richard Roman Shum about protecting their financial future under New York law. Law Office of Richard Roman Shum, Esq 20 Clinton St FRNT, New York, NY 10002 (646) 259-3416 https://www.google.com/maps?cid=3597344583150276913

S5 · E471

25 ago 2026

2:43

How Should I Prepare Financially for Divorce Mediation in Manhattan? - Ryan Besinque

From The Law Office of Ryan Besinque - How Should I Prepare Financially for Divorce Mediation in Manhattan? explains how spouses throughout Manhattan and the surrounding New York City area can prepare their finances before sitting down at the mediation table. The discussion covers assembling complete documentation of income, assets, and debts, along with understanding what New York expects spouses to disclose to each other before negotiations begin. Ryan Besinque advises clients on document preparation, disclosure obligations, and business and investment valuation, helping them resolve divorce financial issues privately rather than in open court. The episode walks through the categories of records spouses should gather, including bank statements, retirement account records such as an IRA, real estate documents, business records, debts, and insurance policies, all separated into marital and separate property. It also touches on how existing agreements may already control certain property under Domestic Relations Law, and how tracing inheritances or gifts can determine whether an asset qualifies as separate property. Listeners will also hear how financial disclosure works once mediation is underway, including the sworn Statement of Net Worth required under Domestic Relations Law and the matrimonial rules found in NYCRR, along with how the Child Support Standards Act factors into support calculations. The conversation moves into how high-net-worth assets are valued in Manhattan divorces, touching on business interests, RSUs, and retirement assets that may require a Qualified Domestic Relations Order to divide properly. Finally, the discussion explains how equitable distribution under Domestic Relations Law allows mediating spouses to trade assets rather than liquidate them, and how mediation offers a more private forum than a litigated divorce, where Statements of Net Worth and other financial details might otherwise become part of a public court file. Listeners interested in learning more about preparing for divorce mediation in Manhattan are encouraged to reach out to The Law Office of Ryan Besinque to schedule a confidential consultation. The Law Office of Ryan Besinque 115 W 25th St 4th floor, New York, NY 10001 (929) 251-4477 https://www.google.com/maps?cid=3422990479581259264

S5 · E470

25 ago 2026

3:04

What Are the Fall Prevention and Safety Rules for PA Construction Sites? - Luxenberg Garbett Kelly & George P.C.

From Luxenberg Garbett Kelly & George P.C. - What Are the Fall Prevention and Safety Rules for PA Construction Sites? examines the hazards, standards, and prevention strategies that shape workplace safety on Pennsylvania job sites. The discussion covers how falls from unprotected edges, floor openings, unsafe scaffolds, roof work, and improperly used ladders remain a leading cause of construction injuries, and how the Occupational Safety and Health Administration, known as OSHA, requires fall protection once workers are exposed to falls of six feet or more. The description walks through the specific hazards behind scaffolding and ladder falls, including incomplete planking, missing guardrails, unstable footing, and improper ladder setup, as well as the risks tied to roof falls involving unprotected edges, skylights, roof hatches, and slippery walking surfaces. It also details the OSHA standards that apply on Pennsylvania construction sites, including 29 C.F.R. § 1926.501 for general fall protection, § 1926.451 for scaffolds, and § 1926.1053 for ladders, and explains that Pennsylvania does not operate an OSHA-approved State Plan, meaning federal OSHA enforces safety requirements across the Commonwealth. Listeners will also hear about when guardrails, safety nets, or personal fall arrest systems are required, including leading-edge work, hoist areas, holes, formwork, and low-slope roofing, along with the limited exceptions OSHA allows under 29 C.F.R. § 1926.502(k). The episode further outlines fall prevention measures employers should use, from identifying hazards early in a project to inspecting personal fall arrest systems and training workers on proper procedures. Luxenberg Garbett Kelly & George P.C. has represented injured workers and their families since 1933, with Pennsylvania construction accident lawyers Lawrence M. Kelly and Joseph A. George handling serious fall cases across Lawrence County and Western Pennsylvania. Anyone injured in a construction site fall is encouraged to call Luxenberg Garbett Kelly & George P.C. at (724) 658-8535 to schedule a free consultation and learn more about pursuing compensation after a job-site accident. Luxenberg Garbett Kelly & George P.C. 315 N Mercer St, New Castle, PA 16101 (724) 658-8535 https://www.google.com/maps?cid=1349618312503922919

S5 · E469

25 ago 2026

4:18

What Does NY VTL § 1225-c Say About Cell Phone Use and Crashes? - Keetick L. Sanchez

From K L Sanchez Law Office, P.C. - What Does NY VTL § 1225-c Say About Cell Phone Use and Crashes? explains how New York Vehicle and Traffic Law addresses handheld phone use behind the wheel and how such evidence can factor into a crash claim in Queens. The description covers what VTL § 1225-c actually prohibits, how it differs from VTL § 1225-d, and why hands-free calling through options like Bluetooth remains legal under New York law. Listeners will also learn about the penalties tied to a violation, including fines, points, and surcharges, as well as how a violation may affect fault under New York's No-Fault Law and CPLR § 1411(b). The discussion highlights the work of Keetick L. Sanchez of K L Sanchez Law Office, P.C., a distracted driving accident attorney based in Jackson Heights who represents injured drivers, passengers, and pedestrians throughout Queens and New York City. Before becoming an attorney, Keetick L. Sanchez worked as a trial litigation paralegal handling motor vehicle accidents, Labor Law claims, and premises liability cases, and later earned her J.D. from Touro College Jacob D. Fuchsberg Law School before handling hundreds of personal injury cases at a New York City law firm. This episode also walks through what evidence can help show cell phone use in a crash, including police reports, witness statements, video footage, and cell phone carrier records obtained through discovery. It explains how attorneys at K L Sanchez Law Office, P.C. investigate these cases, work to preserve evidence, and pursue compensation on behalf of injured clients under New York law. Listeners will come away understanding the practical steps to take after a distracted driving crash in Queens, from calling 911 and documenting the scene to seeking medical attention and contacting an attorney early to help preserve evidence like phone records. For anyone navigating the aftermath of a crash involving a distracted driver, this episode from K L Sanchez Law Office, P.C. offers a clear overview of VTL § 1225-c, VTL § 1225-d, and the legal options available in Queens and throughout New York City. K L Sanchez Law Office, P.C. 37-06 82nd St #304, Jackson Heights, NY 11372 (646) 701-7990 https://www.google.com/maps?cid=2729652254808699760

S5 · E468

25 ago 2026

3:10

How Does NY's Dram Shop Law (GOL § 11-101) Help Drunk-Driver Crash Victims? - Keetick L. Sanchez

From K L Sanchez Law Office, P.C. - How Does NY's Dram Shop Law (GOL § 11-101) Help Drunk-Driver Crash Victims? explains how people injured by an intoxicated driver in Queens may pursue a claim against a commercial alcohol seller in addition to the driver. This episode walks through General Obligations Law § 11-101 and what must be shown to establish that an unlawful sale caused or contributed to a driver's intoxication and had a reasonable or practical connection to the resulting injuries. The discussion covers who can be held liable under New York's Dram Shop Act, including commercial sellers such as bars, restaurants, taverns, nightclubs, liquor stores, and convenience stores, as well as the more limited circumstances involving social hosts and underage drinking. Listeners will hear how Alcoholic Beverage Control Law § 65 defines an unlawful sale, whether to a visibly intoxicated person or to someone under 21, and how General Obligations Law § 11-100 may apply when alcohol is furnished to a minor. The episode also breaks down what a Dram Shop claim requires to succeed, including proof of an unlawful sale, contribution to intoxication, a connection to the injury, and compensable damages, along with the kinds of evidence that can support each element. It explains how this type of claim may provide another source of compensation for crash victims beyond a drunk driver's auto insurance, particularly when that driver carries only minimum liability coverage. Keetick L. Sanchez, Esq., a Queens car accident attorney with K L Sanchez Law Office, P.C., represents people injured in motor vehicle crashes, including drunk driving accident injuries, serving Jackson Heights and the surrounding Queens communities as well as clients throughout New York City. Anyone injured by a drunk driver in Queens is invited to contact K L Sanchez Law Office, P.C. to discuss a potential Dram Shop claim under New York law. K L Sanchez Law Office, P.C. 37-06 82nd St #304, Jackson Heights, NY 11372 (646) 701-7990 https://www.google.com/maps?cid=2729652254808699760

S5 · E467

25 ago 2026

3:25

Roanoke Head-On Accidents - John P. Fishwick Jr.

From Fishwick & Associates PLC - Roanoke Head-On Accidents examines how these violent crashes occur on roads throughout the Roanoke Valley and what injured drivers need to know about pursuing a claim. Head-on collisions happen when a vehicle leaves its proper travel lane, whether on two-lane stretches of Route 220, interstate ramps along I-81, or busy corridors like Franklin Road, and this guide walks through the common causes, from distracted driving and improper passing to wrong-way driving, impaired driving, fatigue, and excessive speed on curves. Sharp mountain curves, limited sight lines, and narrow shoulders throughout the region leave little room for a drifting driver to recover, making these crashes especially dangerous for anyone traveling through Roanoke. The discussion explains how liability is determined under Virginia Code Section 46.2-802, which requires vehicles to stay on the right half of the highway except when passing safely, and how Va. Code Section 46.2-373 requires officers to forward crash reports to the Department of Motor Vehicles when a collision involves injury, death, or significant property damage. Investigators rely on physical evidence including crash reports, witness statements, event data recorder downloads, and roadway marks to reconstruct fault, and the guide also addresses how third parties, government entities, and commercial vehicle employers can share liability depending on the circumstances of the crash. Listeners will also learn how Virginia's contributory negligence rule can bar recovery entirely if a driver is found even partially at fault, making early documentation such as photographs, officer measurements, and medical records critical to protecting a claim. The description covers the severe physical injuries that result from head-on impacts, including traumatic brain injury, spinal cord and vertebral damage, and chest and abdominal trauma, underscoring why prompt action to preserve evidence matters so much after a collision. John P. Fishwick Jr., founder of Fishwick & Associates PLC, is a Roanoke native and trial lawyer who represents injured people throughout western Virginia and previously served as the United States Attorney for the Western District of Virginia. Call Fishwick & Associates PLC at (540) 345-5890 for a free consultation about your collision and to discuss preserving the evidence that can determine the outcome of your Roanoke case. Fishwick & Associates PLC 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 (540) 345-5890 https://www.google.com/maps?cid=10040635858459830700

S5 · E466

25 ago 2026

3:13

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