Firm Newsletter | April 2026

Apr 30, 2026
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Dear Clients and Friends:

We write to update you on recent activities at FRB.

We are pleased to announce that Elizabeth Schlissel has been named Chair of the firm's Labor & Employment Practice Group! Her leadership reflects FRB’s continued commitment to providing practical, strategic guidance in an increasingly complex employment landscape. Learn more and read the full press release here.

Next, FRB was proud to be the Keynote Sponsor of the ReImagine Conference this week at the North Hills Country Club as part of our continued Women's Initiative efforts. FRB's Elder Law Chair Dana Walsh Sivak served as moderator for the keynote address, leading a thought-provoking discussion with Natalie McVeigh, a neuroscientist and executive and entrepreneurial coach and expert in AI, about the impact of AI in the workplace and its future role in business. The event focused on women’s empowerment and representation in business, and offered intentional networking opportunities and insightful panel discussions on business leadership and innovation as we look to the future. Check out photos from the event below.

 

From left to right: Dana Walsh Sivak, Patricia Craig, Rachael Harding, Elizabeth Schlissel, and Karen Davakis

Also, we congratulate FRB's Vice Managing Partner Matthew Rappaport on his feature in a recent The Wall Street Journal article, sharing an in-depth examination of the effects of declining IRS enforcement on taxpayer behavior and the broader tax compliance landscape. Learn more below. 

Additionally, we're thrilled to announce that the firm (along with Co-Managing Partner Moish Peltz) has been selected as a 2026 Gator100 Honorees by the University of Florida Alumni Association. This prestigious recognition celebrates the fastest-growing Gator-owned businesses worldwide, whose leadership, innovation, and entrepreneurial impact represent the best of Gator Nation. Learn more about this honor here.

Lastly, we invite you to join FRB's Matthew Rappaport and Louis Kesselbrenner for the upcoming webinar "New York Property Transfers and Tax Regimes" on Thursday, May 14, from 12:30 PM - 1:30 PM ET as they provide an overview of New York’s real estate transfer tax regimes, including the New York State Real Estate Transfer Tax (RETT) and the New York City Real Property Transfer Tax (RPTT). Earn 1.0 CLE/CPE Credit by attending. Learn more and register below.

 

FRB Attorneys in the News

 

Bart Eagle Featured in NYSBA's New York Dispute Resolution Lawyer

  • FRB Partner Bart Eagle was recently featured in the New York State Bar Association’s New York Dispute Resolution Lawyer section, where he examines a critical issue in litigation strategy: when a party may unintentionally waive its right to arbitrate.
  • Learn more here.

 

FRB Vice Managing Partner Matthew Rappaport Quoted in The Wall Street Journal

  • FRB's Vice Managing Partner Matthew Rappaport was quoted in "America's New Tax Mantra: 'The IRS Isn't Going to Catch Me'," a Wall Street Journal article examining a significant retrenchment in IRS enforcement under the current administration, reporting that the agency has shed more than 25,000 employees since January 2025.
  • Learn more here.

 

Register for Our Upcoming Webinars & Events

 

Webinar: Protect Your Legacy

  • Join FRB Partner Rachael Harding on Friday, May 1, from 10:00 AM - 12:00 PM ET and explore key strategies for wills, trusts, and elder care planning, along with practical guidance on personal financial management and building intergenerational wealth.
  • Learn more and register here.

 

Webinar: New York Real Property Transfer Tax Regimes (1.0 CLE/CPE Credit)

  • Join FRB’s Vice Managing Partner Matthew Rappaport and Taxation Associate Louis Kesselbrenner on Thursday, May 14, from 12:30 PM - 1:30 PM ET as they  cover key tax rates, filing requirements, exemptions, and reporting considerations, as well as practical examples involving controlling interest transfers, entity restructurings, and other complex real estate transactions.
  • Learn more and register here.

 

Webinar: Mitigating Net Investment Income Tax: NIIT Income, NIIT Deductions, Form 8960
(Up to 2.0 CPE Credits)

  • Join Matthew Rappaport on Wednesday, May 6, from 1:00 PM - 2:00 PM ET and review the current rules for applying the net investment income tax (NIIT) under IRC Section 1411, define net investment income, and offer strategies for taxpayers and real estate investors to mitigate, and in some cases, eliminate NIIT.
  • Learn more and register here.

 

Check Out Our Latest Podcasts

 

 

How Tax Works - Ep. 49: 
Hobby Losses and How They Are Limited

  • In episode 49 of How Tax Works, Matthew Foreman discusses hobby losses, which are a significant and often underappreciated limitation on the ability to deduct losses based on the taxpayer’s profit motive.
  • Listen to the episode here.

 

 

Block & Order #52:
Why The Open Internet Matters for Blockchain: Lee Schneider on Avalanche’s Advocacy

  • In this insightful episode, Lee Schneider, General Counsel at Ava Labs (the company behind Avalanche) join hosts Kyle Lawrence and Moish Peltz to explore how blockchain companies balance innovation with compliance, global regulatory alignment, the importance of token classification, and the future of financial infrastructure.
  • Watch the episode here.

 

Check Out Our Past Webinars

 

Webinar: Tax Strategies for Real Estate LLC and LP Agreements: Capital Commitments, Tax Allocations, Distributions, and More

  • Matthew Rappaport prepares real estate counsel to deal with crucial tax issues and avoid costly mistakes in structuring agreements for real estate partnerships and LLCs.
  • Watch here.

 

Webinar: IP in M&A: Identifying Risk, Preserving Value, Papering the Deal, and Avoiding Disputes

  • Jeffrey Berkman explores strategies to identify hidden IP risks, strengthen deal terms, and protect value across a wide range of transactions.
  • Watch here.

 

Webinar: The Intersection of Arbitration and the Courts: From Drafting to Judicial Review and Enforcement

  • Bart Eagle examines the drafting of arbitration clauses, motions to compel arbitration, motions to stay litigation, waiver issues arising from court participation, and more.
  • Watch here.

 

Webinar: Tax Strategies for Real Estate LLC and LP Agreements: Capital Commitments, Tax Allocations, Distributions, and More

  • Matthew Rappaport prepares real estate counsel to deal with crucial tax issues and avoid costly mistakes in structuring agreements for real estate partnerships and LLCs.
  • Watch here.

 

Webinar: AI, Attorney-Client Privilege, and Confidentiality: Ethical Implications of United States v. Heppner

  • Moish Peltz provides an overview of the ethical risks raised by United States v. Heppner and examine best practices for safeguarding privilege in the era of AI.
  • Watch here.

 

Check Out Our Latest Insights & News

 

How Crypto Traders Can Stay Ahead of the Problems in Form 1099-DA

Moish Peltz and Kyle Lawrence explore how the IRS’s new Form 1099-DA is supposed to bring clarity to crypto tax reporting. But as discussed in a recent episode of Block & Order featuring crypto tax expert Mark DiMichael, the form may do the opposite. Read more.

 

Important Elder Law Update: New York State Medicaid Resource/Income Allowance Levels for 2026

New York has increased Medicaid income and resource limits for 2026, allowing applicants to retain more assets while maintaining eligibility for benefits. Dana Walsh Sivak and Kate Dargan explain how these updates may reduce the need for Pooled Income Trust contributions and impact overall Medicaid planning. Read more.

 

The End of Regulation by Enforcement? Unpacking the SEC-CFTC Joint Crypto Interpretation

The SEC and CFTC have jointly issued new interpretive guidance that could reshape how digital assets are regulated in the U.S., marking a potential shift away from "regulation by enforcement." Simon Uritsky, Kyle Lawrence, and Moish Peltz explore what this means for your project or business. Read more.

 

Using a Pooled Income Trust to Access Medicaid Home Care in New York

Many New Yorkers mistakenly believe they earn too much to qualify for Medicaid home care, but a Pooled Income Trust can help bridge that gap. Dana Walsh Sivak examines how these trusts work and how they can preserve eligibility while covering everyday expenses. Read more. 

 

Consequences Regarding USPS Postmark and Mailing Practices for IRS Mailing

The USPS Domestic Mail Manual was updated effective December 24, 2025, and the changes may matter more than many taxpayers realize when mailing time sensitive documents to the IRS. FRB’s Matthew Foreman, Megan Wilson, and Law Clerk Bristol Francis break down what the update clarifies about postmarks and postal possession, why the postmark date can differ depending on how mail is processed, and practical steps to help reduce risk when deadlines are tight. Read more.

 

CLIENT ALERT: Your AI Conversations May Not be Privileged

A recent federal court ruling highlights that conversations with AI chatbots may not be protected by attorney-client privilege, prompting businesses to exercise caution and consult counsel before using AI for legal analysis or strategy. Read more. 

 

A Cold Shoulder for MCA Vendors in Bankruptcy Court

A significant ruling may reshape how merchant cash advances are treated in bankruptcy. Michael Moskowitz analyzes a recent decision from the U.S. Bankruptcy Court for the Southern District of Texas holding that an MCA may be recharacterized as a high interest loan, allowing fraudulent transfer claims to proceed while dismissing related RICO allegations. Read more. 

 

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