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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


Recent Supreme Court Decisions Affecting the Labor & Employment Practice Area
The Supreme Court recently handed down some significant decisions in the labor and employment field. These decisions represent a trend of...

Underberg & Kessler
Jul 17, 20183 min read


Ask An Attorney: Understanding Employer Contracts
I am graduating from my residency program and received an employment contract from my future employer. What should I be aware of while re...

Jillian K. Farrar
Jun 28, 20183 min read


Binding Arbitration on the Job and in Nursing Home Admissions
Binding arbitration remains on the rise. Indeed, there is a high likelihood that only a small percentage of the readers of this article w...
David M. Tang
May 28, 20184 min read


New York State Significantly Revises Part 360 Solid Waste Management Regulations
On September 5, 2017, the New York State Department of Environmental Conservation (DEC) concluded an extensive regulatory revision proces...

Underberg & Kessler
Apr 16, 20184 min read


Second Circuit Holds that Sexual Orientation Discrimination is Sex Discrimination Under Title VII
On February 26, 2018, the United States Court of Appeals for the Second Circuit overruled its own precedent and became only the second Co...

Jennifer A. Shoemaker
Mar 19, 20183 min read


Ask An Attorney: Tips to Mitigate the Legal Risks of Prescribing Opioids
The opioid crisis has led to an increase in malpractice and State disciplinary actions against providers. What are tips to mitigate the l...

Jessie Gregorio
Mar 1, 20183 min read


U.S. Environmental Protection Agency Ends ‘Sue and Settle’ Practice in Environmental Litigation
Over the years the U.S. Environmental Protection Agency (EPA) has regularly settled litigation brought by environmental interest groups a...

Underberg & Kessler
Dec 18, 20174 min read


Ask An Attorney: Reducing Stress When Your Medical Practice is Acquired
My practice is negotiating to be acquired by a hospital system. How can I ensure I do not suffer undue stress through this transaction? I...

Steven R. Gersz
Dec 1, 20172 min read


Changes in New York State Law Protects Minors From Child Marriage
Under new legislation effective July 20, 2017, New York State has taken steps to protect children under age 18 from being subjected to ch...

Leah Tarantino Cintineo
Nov 20, 20174 min read


Clearly Defining the Scope of Representation: Reducing Malpractice Risk with the Engagement Letter
A recent decision by the Southern District of New York reminds practitioners of the importance of a well-crafted and detailed engagement ...

Jillian K. Farrar
Sep 27, 20174 min read


D.C. Circuit Court of Appeals Nullifies Part of the Obama Administration’s 2013 Climate Action Plan
The Obama Administration adopted a Climate Action Plan in 2013, which addressed climate change issues. Pursuant to the Climate Action Pla...

Underberg & Kessler
Aug 21, 20174 min read


Bringing Some Cost Certainty to Commercial Litigation
The “Great Recession” that began in 2007 had tremendous impacts on the U.S. economy, and the legal industry was not immune to those impac...

Thomas F. Knab
Jul 17, 20174 min read


Ask An Attorney: New Requirements - Prescribing Opioids
My partners and I run a general practice and have become alarmed about the reported increase in opioid abuse by patients. What concerns s...

David H. Fitch
Jun 28, 20172 min read


Multi-Tiered Dispute Resolution Clauses: Pre-Arbitration Procedure
“Everything in its right place.” -- Radiohead Mise en place is a French culinary phrase often used in professional kitchens to refer to p...
David M. Tang
May 15, 20174 min read


President Trump Reverses Past Climate Change Policies by Signing the Energy Independence Order
On March 28, 2017, President Trump signed an Executive Order to dramatically shift course from the climate change focus of the Obama Admi...

Underberg & Kessler
Apr 18, 20174 min read


The FDCPA - What You Don't Know Can Hurt You
For attorneys attempting to collect non-commercial debts for their clients, familiarity with the Fair Debt Collection Practices Act (FDCP...

Jillian K. Farrar
Mar 20, 20174 min read


Ask An Attorney: Questions About E-Prescribing
Though we are now almost a year into mandatory e-prescribing, I still have some questions, especially when things don’t happen in the standa

Helen A. Zamboni
Mar 17, 20172 min read
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