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Ask An Attorney - Managing Complications
Question: I have been practicing medicine for 15 years. Lately, I’ve hit a streak of difficult challenges – more than before. I am const...
David M. Tang
Mar 6, 20205 min read


When is a Deal a Deal?
A construction company submitted a bid to serve as the general contractor for a public/private historic redevelopment project. After bein...

Thomas F. Knab
Mar 4, 20204 min read


The Fourth Department Clarifies LLC Indemnification Rights
High legal fees are an unavoidable fact of life for many commercial litigants. A client’s ability to commence, and successfully litigate...

Thomas F. Knab
Dec 11, 20194 min read


Considering NY’s Red Flag Gun Safety Law, How Can Physicians Support Patients & Their Families?
New York’s Red Flag gun safety law became effective August 24, 2019. The law establishes a new procedure that allows a concerned family a...

Jessie Gregorio
Nov 25, 20192 min read


Avoiding Accounting Malpractice: Considerations for Practitioners
I was recently consulted by the former client of a certified public accountant. The client, who I’ll call “Ms. Smith,” hired the accounta...

David H. Fitch
Oct 1, 20194 min read


Calendars, Scheduling Essential to Keeping Work and Personal Life Organized
I write often. Dozens of emails per day. Last month, on a Wednesday, the first email was sent at 8:05 AM and the last went out at 11:40 P...
David M. Tang
Sep 6, 20194 min read


NYS Legislature and Governor Adopt Sweeping Legislation in Climate Leadership and Community Protect
On July 18, 2019, Governor Cuomo, along with former Vice President Al Gore in attendance, signed the Climate Leadership and Community Pro...

Underberg & Kessler
Aug 30, 20194 min read


Impact of the Housing Stability and Tenant Protection Act of 2019 on Residential Landlords in WNY
On June 14, 2019, Governor Andrew Cuomo signed into law the “Housing Stability and Tenant Protection Act of 2019” (the “Tenant Protection Ac

Justin P. Alexander
Jul 30, 20192 min read


Trial by Fire: My First Jury Trial
Many years and two law firms ago, my boss brought in a case for Tony, one of his best friends. Tony had purchased some property for his b...

Thomas F. Knab
Jul 23, 20194 min read


Effective Advocacy: Some Valuable Advice
“Brevity is important.” — Chief Judge Carl L. Bucki, Chief Bankruptcy Judge for Western District of New York This summer, I am mentoring ...
David M. Tang
Jul 23, 20194 min read


NYS Department of Environmental Conservation Continues Fight Against National Fuel Pipeline Project
Over the last decade, development of shale gas through hydraulic fracturing has blossomed in Pennsylvania. The shale gas boom has led gas...

Underberg & Kessler
Jun 21, 20194 min read


Fair Debt Collection Practices Act: Could Mean Big Changes for Debt Collectors & Consumers
Last week the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Pr...

Jillian K. Farrar
Jun 4, 20193 min read


U.S. EPA & Corps of Engineers Propose New Waters of the U.S. Rule
As we have reported on previously in this column, on February 28, 2017 President Trump issued an Executive Order directing US Environment...

Underberg & Kessler
Apr 16, 20194 min read


Kramer v. Kramer: An Analysis
During Oscar season, I always look forward to watching Turner Classic Movies’ “Thirty Days of Oscar”, showcasing Academy Award winning fi...

Leah Tarantino Cintineo
Mar 18, 20194 min read


Heading for Divorce? It Doesn't Have to be World War III
Depending on where you obtain your statistics, one third to one half of all marriages end in divorce. The perception is that divorce is a...

Jennifer A. Shoemaker
Jan 18, 20194 min read


Northeast States Working on Cap-and-Trade System for Transportation Sources
The Regional Greenhouse Gas Initiative (RGGI) has been in place for many years under the federal Clean Air Act regulating stationary air ...

Underberg & Kessler
Dec 17, 20183 min read


House of Frauds
The rule requiring many contracts to be in writing and signed by the party sought to be bound in order to be enforceable is called the “S...

Thomas F. Knab
Nov 19, 20184 min read


Representing a Corporation: Who is the Client?
In theory, the attorney-client privilege is pretty straightforward. A client retains an attorney, and thereafter that relationship is imb...

Colin D. Ramsey
Sep 17, 20183 min read


Ask An Attorney: Cybersecurity for Medical Practices
My medical practice has a compliance plan and all staff are trained on HIPAA. However, my practice manager is insistent on implementing s...

Anna E. Lynch
Sep 10, 20182 min read


U.S. EPA & Corps of Engineers Work to Repeal 2015 Waters of the U.S. Rule
On February 28, 2017 President Trump issued an Executive Order directing US Environmental Protection Agency (EPA) and the Corps of Engine...

Underberg & Kessler
Aug 20, 20183 min read
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