BSPE Legal Marketing Podcast

BSPE Legal Marketing Podcast

by Viktoria Altman
News
Season 5

How Do I Prove a Bar Served an Intoxicated Driver Under Connecticut's Dram Shop Act § 30-102? - Dan Petroskey

From DeFronzo & Petroskey, P.C. - How Do I Prove a Bar Served an Intoxicated Driver Under Connecticut's Dram Shop Act § 30-102? explains what injured victims in Waterbury need to show when a bar, restaurant, or other establishment served alcohol to an already intoxicated patron who later caused a crash. The discussion covers the kinds of proof that matter most, including receipts, surveillance footage, witness and staff testimony, and documented signs of visible intoxication, along with post-crash evidence such as BAC and DUI findings. It also references the Connecticut Supreme Court's decision in O'Dell, which requires proof that a patron was visibly or otherwise perceivably intoxicated when served. The conversation also draws a distinction between a statutory dram shop claim and a common-law reckless service claim, noting the Connecticut Supreme Court's ruling in Kowal recognizing liability for wanton or reckless conduct in furnishing alcohol. Listeners will hear how these two types of claims differ in what must be proven and how damages may be treated differently under each approach. Strict deadlines under Connecticut's Dram Shop Act are also addressed, including the requirement of written notice to the seller and the one-year window to file a lawsuit, both of which are shorter than Connecticut's general negligence deadlines. The description highlights why prompt action matters, since evidence like surveillance footage can disappear quickly after an incident in Waterbury. Waterbury car accident attorney Dan Petroskey of DeFronzo & Petroskey, P.C. has represented injured clients for more than 60 years, handling claims involving drunk drivers as well as bars and other establishments under Connecticut's Dram Shop Act. Since his admission to the Connecticut Bar in 2004, Dan Petroskey has worked on motor vehicle accidents, premises liability, and related injury cases, and in 2021 became Attorney Eugene L. DeFronzo's first and only law partner at DeFronzo & Petroskey, P.C. DeFronzo & Petroskey, P.C. 255 Bank St # 2b, Waterbury, CT 06702 (203) 756-7408 https://www.google.com/maps?cid=2074756120617399372
S5 · E465
Aug 25, 2026
3:39

Is Connecticut a No-Fault State for Car Insurance and What Does That Mean for My Claim? - Dan Petroskey

From DeFronzo & Petroskey, P.C. - Is Connecticut a No-Fault State for Car Insurance and What Does That Mean for My Claim? explains that Connecticut is an at-fault, or tort, state rather than a no-fault state, meaning the driver who causes a crash may be held financially responsible for resulting injuries and property damage. Waterbury car accident lawyer Dan Petroskey helps injured people hold negligent drivers accountable by investigating how a crash occurred, working to establish liability, and pursuing the compensation clients need to move forward. The discussion covers how fault is determined after a Connecticut car accident, noting that insurance companies evaluate fault when adjusting a claim and that evidence such as photographs, witness statements, video, vehicle damage, and police documentation plays a central role. When more than one driver contributes to a crash, Connecticut applies modified comparative negligence under Conn. Gen. Stat. § 52-572h, which governs how fault is allocated and how it affects the ability to recover damages. Listeners will also learn about the insurance coverage that may apply to a Connecticut car accident claim, including the at-fault driver's liability policy along with an injured person's own UM/UIM, MedPay, or other first-party coverage. The episode outlines Connecticut's minimum liability requirements, including the $25,000 per person, $50,000 per accident, and $25,000 property damage limits, and explains why uninsured and underinsured motorist coverage matters when an at-fault driver has no insurance or insufficient limits. The episode closes with background on Waterbury car accident attorney Dan Petroskey of DeFronzo & Petroskey, P.C., who represents individuals injured in motor vehicle accidents, slip-and-fall accidents, premises liability claims, dog bite cases, and other negligence matters throughout Connecticut. He earned his B.A. from Colby College and his J.D. from Albany Law School, has been admitted to practice in Connecticut since 2004 and New York since 2006, joined DeFronzo & Petroskey, P.C. in 2013, became founder Eugene L. DeFronzo's first law partner in 2021, has been recognized by Best Lawyers and Super Lawyers, and serves as President of the Waterbury Bar Association. DeFronzo & Petroskey, P.C. 255 Bank St # 2b, Waterbury, CT 06702 (203) 756-7408 https://www.google.com/maps?cid=2074756120617399372
S5 · E464
Aug 25, 2026
2:40

Common LGBTQ+ Divorce Questions in the Bronx, New York - Juan Luciano

From Juan Luciano Divorce Lawyer - Common LGBTQ+ Divorce Questions in the Bronx, New York examines the unique legal issues that same-sex couples may encounter when divorcing in New York, including marriage date recognition, premarital assets, prior civil unions or domestic partnerships, and non-biological parentage. This podcast description highlights how Juan Luciano Divorce Lawyer represents LGBTQ+ clients throughout the Bronx in matters involving property division, maintenance, custody, and parentage, working closely with each client to address the legal and practical issues that can arise in a same-sex divorce. Listeners will learn how New York recognizes valid same-sex marriages under the Marriage Equality Act and Domestic Relations Law, and how civil unions or domestic partnerships may require a separate dissolution process rather than a standard divorce. The discussion also covers how New York, as an equitable distribution state, divides marital property fairly rather than equally, and why premarital cohabitation can complicate how assets are classified in an LGBTQ+ divorce. It further explains how spousal support, known as maintenance in New York, is determined, and how the length of a marriage can be affected by when a couple's civil marriage date is officially recognized, as illustrated in Mackoff v. Bluemke-Mackoff, where the Appellate Division, Second Department addressed the application of New York's Marriage Equality Act. Listeners seeking to understand their rights and next steps in a Bronx same-sex divorce will find this guide helpful for navigating marriage recognition, property division, spousal support, and custody questions involving non-biological parents, straight from Juan Luciano Divorce Lawyer. Juan Luciano Divorce Lawyer - Bronx 187 E 163rd St, Bronx, NY 10451 (718) 519-8336 https://www.google.com/maps?cid=12209259138199663041
S5 · E463
Aug 25, 2026
2:41

Prescription Drug DWI in New York: Laws, Penalties, and Defenses - Jason Bassett

From Law Offices of Jason Bassett, P.C. - Prescription Drug DWI in New York: Laws, Penalties, and Defenses examines how a valid prescription does not automatically shield a driver from a Driving While Ability Impaired by Drugs charge under VTL § 1192(4). The discussion explains that prosecutors must prove both that a substance qualifies as a drug and that it actually impaired a driver's ability to operate a vehicle safely, drawing on the toxicology evidence, Drug Recognition Expert findings, and officer observations that often shape these cases. The description highlights how Vehicle and Traffic Law § 114-a defines a drug by reference to the controlled substances listed in Public Health Law § 3306, including cannabis and concentrated cannabis, and notes that common prescriptions such as Xanax, Valium, Ativan, Ambien, Lunesta, Adderall, and Ritalin may fall under this classification depending on the facts of a case. It also draws a contrast between DWAI-Drug charges under VTL § 1192(4) and alcohol-related DWI under VTL § 1192(2) and § 1192(3), noting that drug impairment is proven through officer testimony, field sobriety tests, and blood or urine toxicology rather than a numeric threshold. Listeners will hear how penalties for a DWAI-Drug conviction in New York depend on prior offenses, ranging from a misdemeanor for a first offense to Class E felony and Class D felony classifications for repeat convictions within 10 years, with consequences that can include fines, jail time, and driver's license revocation. The conversation also touches on how prescription and pharmacy records may help establish lawful possession and dosage but do not by themselves prove whether a driver was impaired at the time of operating a vehicle. For more than 25 years, Long Island DWI defense attorney Jason Bassett has represented drivers in Suffolk County facing alcohol-related DWI and prescription drug DWI charges, and this episode reflects the kind of case-by-case review he applies at the Law Offices of Jason Bassett, P.C. Listeners facing a DWAI-Drug charge are encouraged to call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to discuss how New York law may apply to their situation. Law Offices of Jason Bassett, P.C. 320 Carleton Ave # 4200, Central Islip, NY 11722 (631) 259-6060 https://www.google.com/maps?cid=695024758410642184
S5 · E462
Aug 25, 2026
3:12

How Do I Protect Privacy & Confidentiality in a High-Profile Chicago Divorce? - Caesar & Bender, LLP

From Caesar & Bender, LLP - How Do I Protect Privacy & Confidentiality in a High-Profile Chicago Divorce? explores the steps spouses can take to limit public exposure when significant assets, business interests, or professional reputations are at stake in a Chicago divorce. Chicago divorce attorneys Michael Ian Bender and Molly E. Caesar discuss why Illinois divorce filings are generally public and what strategies exist to reduce the amount of sensitive information that becomes part of the court record. The conversation walks through the difference between confidentiality and sealing under Illinois Supreme Court Rule 8, explaining that confidentiality typically comes from contract language while sealing or impounding requires a specific court order. Michael Ian Bender and Molly E. Caesar also touch on protections that exist independent of a sealing motion, including the Mental Health and Developmental Disabilities Confidentiality Act and Illinois Supreme Court Rule 138, which governs personal identity information in civil filings. Listeners will hear how a confidential settlement agreement, or MSA, can be structured under Illinois law to bar spouses from disclosing financial and personal terms, and how private schedules, redaction, and carve-outs can keep sensitive details out of the public docket. The episode also covers when a Chicago divorce record may be sealed, noting that good cause, such as trade secrets or safety concerns, is generally required before a judge will limit access. Finally, the discussion turns to how a prenuptial or postnuptial agreement, governed in Illinois by the Illinois Uniform Premarital Agreement Act, can resolve financial issues before they become contested in court, reducing the need for public filings and testimony. For anyone concerned about protecting privacy during a high-profile Chicago divorce, this episode from Caesar & Bender, LLP offers a grounded look at the legal tools available under Illinois law. Caesar & Bender, LLP 150 N Michigan Ave #2130, Chicago, IL 60601 (312) 236-1500 https://www.google.com/maps?cid=10482794179944044586
S5 · E461
Aug 25, 2026
3:37

When Can a Parent Relocate With Children After an Illinois Divorce Under 750 ILCS 5/609.2? - Caesar & Bender, LLP

From Caesar & Bender, LLP - When Can a Parent Relocate With Children After an Illinois Divorce Under 750 ILCS 5/609.2? walks through the rules that apply when a parent wants to move with a child after a divorce in Illinois. The episode explains that not every move counts as a legal relocation, and that mileage thresholds determine whether a parent living in Cook, DuPage, Kane, Lake, McHenry, or Will County, or in another Illinois county, must give formal notice, as well as how out-of-state moves are treated differently. Listeners will also hear how distance is measured from the child's current primary residence and why moves that stay under the threshold may still require a review of the parenting plan or court order. The discussion covers when court approval is actually required, noting that it only comes into play when a proposed relocation falls under the statute and the other parent does not agree. It also explains who has the right to seek relocation based on the allocation of parenting time, and what happens procedurally when both parents agree versus when the other parent objects and a petition must be filed with the court. The podcast also details the 60-day written notice requirement for a covered move, what that notice must include, and the option to give notice sooner if the full 60 days is not practical. It touches on the consequences of failing to provide proper notice, including how a judge may view a lack of good cause, and outlines the 11 best-interest factors under 750 ILCS 5/609.2(g) that courts weigh when parents cannot agree, including the history of each parent's relationship with the child, educational opportunities, extended family, and the child's wishes. Chicago divorce attorneys Michael Ian Bender and Molly E. Caesar, co-founding partners of Caesar & Bender, LLP, bring their experience to this discussion. Michael Ian Bender, Esq., a former Domestic Relations Judge for the Circuit Court of Cook County, is the author of Protecting Children: Bettering the World One Child at a Time and has been recognized by Best Lawyers in America, Leading Lawyers, and as Litigator of the Year. Listeners who are planning a move with their child or need to object to one are encouraged to call (312) 236-1500 to schedule a consultation with Caesar & Bender, LLP. Caesar & Bender, LLP 150 N Michigan Ave #2130, Chicago, IL 60601 (312) 236-1500 https://www.google.com/maps?cid=10482794179944044586
S5 · E460
Aug 24, 2026
4:06

What Is the Bergen County Superior Court Criminal Process? - Adam M. Lustberg

From Lustberg Law Offices, LLC - What Is the Bergen County Superior Court Criminal Process? walks listeners through how a criminal case moves from arrest to sentencing in Bergen County, explaining the difference between disorderly persons offenses handled in municipal court and indictable crimes that proceed to the Superior Court, Law Division. The discussion covers what happens immediately after an arrest, including booking and the difference between a complaint-summons and a complaint-warrant, as well as the timeline for a first appearance and detention hearing. The episode also explains how bail and pretrial release work in New Jersey since the Criminal Justice Reform Act took effect, including how courts use the Public Safety Assessment, or PSA, to evaluate risk before a judge decides on release, conditions, or detention. Listeners will hear how a prosecutor may file a motion for pretrial detention and how a detention hearing determines whether a defendant remains in custody while a case is pending. Further discussion covers the role of the grand jury in Bergen County, including how it reviews evidence to decide whether probable cause exists to return an indictment or a no bill, and how the full case timeline moves through complaint, first appearance, grand jury, arraignment, pretrial conference, trial or plea, and sentencing. The episode notes that an indictment does not mean guilt, only that a case may proceed further in the Superior Court. The conversation features Bergen County criminal defense attorney Adam M. Lustberg, who has argued detention hearings under New Jersey's criminal justice reform system. Adam M. Lustberg graduated from the Seton Hall University School of Law in 2004 and is admitted to practice in New Jersey and New York, bringing that background to this explanation of the Bergen County Superior Court criminal process. Lustberg Law Offices, LLC 1 University Plaza Dr #212, Hackensack, NJ 07601 (201) 880-5311 https://www.google.com/maps?cid=17248268094099978177
S5 · E459
Aug 24, 2026
3:07

Can You Fix a Poorly Drafted Living Trust? - Davies Law Firm

From Davies Law Firm - Can You Fix a Poorly Drafted Living Trust? explains how families in Syracuse and across Central New York can address errors in a living trust, including ambiguous language, missing provisions, and unfunded assets. The description walks through the options available under New York law, from targeted amendments to complete restatements, and outlines when a court process may become necessary to correct the document. The discussion covers common do-it-yourself trust drafting errors, such as defective trustee succession, failure to fund the trust, defective execution, and inconsistent standard terms, all of which can undermine a trust's ability to function as intended. It also addresses how ambiguous language and missing provisions can create confusion for a successor trustee and lead to disputes over distribution of assets in Onondaga County and the surrounding region. Frederick P. Davies of Davies Law Firm, a retired Air Force Judge Advocate, and William P. Davies, who holds an LL.M. in estate planning, review living trusts to confirm whether amendments, restatements, or judicial reformation are the right fit for correcting a document's problems. Their work draws on New York Estates, Powers and Trusts Law under EPTL § 7-1.17, which governs how a trustor may amend or revoke a revocable living trust while retaining legal capacity. Listeners will learn why timing and capacity matter when fixing a poorly drafted living trust, and how uncorrected errors can lead to costly complications for families. From the Davies Law Firm office in Syracuse, this episode offers guidance for trustors and successor trustees throughout Central New York who want their trust to preserve assets and reflect their true intent. Davies Law Firm 210 E Fayette St, Syracuse, NY 13202 (315) 472-6511 https://www.google.com/maps?cid=11885144913064493862
S5 · E458
Aug 24, 2026
2:18

Living Trust Annual Maintenance Checklist - Davies Law Firm

From Davies Law Firm - Living Trust Annual Maintenance Checklist walks families through the steps needed to keep a living trust current, covering trust assets, funding, beneficiary designations, and successor trustees. Syracuse living trust attorneys Frederick P. Davies and William P. Davies explain why an annual review matters, from confirming trust assets and titling to reviewing beneficiary designations that may otherwise fall out of step with life changes such as marriage, divorce, birth, or death in the family. The checklist begins with reviewing the assets listed on the trust's Schedule A, confirming that real estate, bank accounts, investment accounts, business interests, and personal property are accurately reflected and properly titled. It also addresses New York's estate tax basic exclusion amount of $7,350,000 for dates of death on or after January 1, 2026, and how rising asset values may affect estate tax exposure. Placing assets into the trust is treated as a separate step from simply listing them, since real estate must be held by a deed naming the trust, and bank, investment, and business interests must be properly registered or assigned to avoid becoming subject to probate through the Surrogate's Court, including the Onondaga County Surrogate's Court on Montgomery Street. Beneficiary designations are also part of the annual review, including both primary and contingent beneficiaries named in the trust as well as those tied directly to retirement accounts, life insurance policies, and certain annuities. Because these assets can pass outside the trust based on the designation listed on the account or policy form, Davies Law Firm emphasizes reviewing both trust-level and account-level designations each year to keep them aligned with current family circumstances and estate planning goals. Frederick P. Davies, Esq. brings an academic and legal background to this estate planning guidance, holding a Bachelor of Arts in political science from the University of Vermont and admissions in New York and Connecticut. Families across Syracuse and Onondaga County looking to keep a living trust properly amended and funded can turn to this checklist as a guide for reviewing assets, funding, and beneficiary designations on an annual basis. Davies Law Firm 210 E Fayette St, Syracuse, NY 13202 (315) 472-6511 https://www.google.com/maps?cid=11885144913064493862
S5 · E457
Aug 24, 2026
2:42

T Visa vs. U Visa – Which Relief Is Right for You? - Rajat Shankar

From Shankar & Associates PC - T Visa vs. U Visa – Which Relief Is Right for You? explains how survivors of trafficking or serious crimes in New York can determine which form of immigration relief best fits their circumstances. Rajat Shankar of Shankar & Associates PC, an immigration law firm in Plainview, NY, represents survivors seeking protection through either the T Visa or the U Visa, and the discussion covers how each path is designed for different situations and outcomes. The episode walks through the core differences between the T Visa and U Visa, noting that the T Visa was created under the Trafficking Victims Protection Act to protect victims of severe trafficking, while the U Visa covers a broader range of qualifying crimes for victims who cooperate with law enforcement. Listeners will hear how USCIS caps principal applicants for each category, how derivative family members are treated differently under the caps, and how requirements involving the United States, American Samoa, and the Commonwealth of the Northern Mariana Islands can affect eligibility. The conversation also outlines eligibility requirements for both visas, including the role of law enforcement cooperation, substantial harm, and admissibility or waiver considerations, and explains how these factors can overlap when trafficking is also a qualifying crime under the U Visa. Rajat Shankar, Esq., who earned his J.D. from Touro College Jacob D. Fuchsberg Law Center and a B.A. in Mathematics from East Stroudsburg University, brings his personal immigration journey and experience handling cases involving Cancellation of Removal, Asylum, and Deportation Defense to the discussion. Listeners seeking guidance on which form of relief may apply to their situation are encouraged to connect with Shankar & Associates PC, whose team evaluates each case's facts, evidence, and safety concerns before recommending a filing strategy. This episode offers a clear, informative look at how the T Visa and U Visa differ and how survivors in New York can begin considering their legal options with dignity and confidentiality throughout the process. Shankar & Associates PC 518 Plainview Rd, Plainview, NY 11803 (800) 461-1467 https://www.google.com/maps?cid=12579413868790841333
S5 · E456
Aug 24, 2026
3:58
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