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President-Elect Trump and the 2017 Environmental Agenda
Writing this column in December 2016, now a month past the surprising presidential election result, brings with it many uncertainties. Pr...

Underberg & Kessler
Dec 19, 20164 min read


Ask An Attorney: Handling Online Physician Reviews
My general practice partner and I have noticed an increase in the number of patients who review their doctors online. How do we handle an...

Jessie Gregorio
Dec 19, 20163 min read


Common Law Duty of Non-Solicitation of Customers for Sellers of Businesses
For good reason, given the volume of litigation generated by them, restrictive covenants in employment agreements attempting to limit or ...

Paul F. Keneally
Nov 23, 20164 min read


Publish or Perish: CPLR Rule 4112
Have you ever had one of those dreams that you are winning a game show? “Alex, let’s go with ‘Publish or Perish in the Courtroom’ for $1,...

Margaret E. Somerset
Oct 5, 20164 min read


Court of Appeals Decision Expands Physician and Hospital Liability
On December 16, 2015, the New York State Court of Appeals issued a decision that has important implications for medical malpractice liab ...

Jessie Gregorio
Sep 21, 20162 min read


Ask An Attorney: Legislative and Other Developments Affecting the Practice Environment
What are recent legislative and other developments affecting the practice environment? Medical professionals may want to take note of ...
David M. Tang
Sep 1, 20163 min read


Surveyors to Immediately Begin Reviewing Nursing Homes’ Social Media Policies
Recently news agencies have publicized reports of nursing home staff using smart phones and other electronic devices to record residents...

Jillian K. Farrar
Aug 22, 20161 min read


New York’s Clean Energy Standard
On August 1, the Governor’s Office announced that the New York State Public Service Commission (PSC) approved New York’s most far reaching..

Underberg & Kessler
Aug 15, 20163 min read


Lessons Learned from Deflategate
"When you’re thrust into litigation, you obviously have to make sure you’re prepared to deal with that.” — Roger Goodell The U.S. Court of..
David M. Tang
Jul 18, 20165 min read


The Legal Implications of Medical Records in the Digital Age – A Brave New World or “Same Old"?
The push for hospitals and medical practices to implement electronic medical records systems (EMRS) went into high gear with the passage...

Helen A. Zamboni
Jun 20, 20165 min read


Ask an Attorney: Electronic Exchange of HIPAA-Protected Information
My general practice partner and I have noticed a sharp increase in the number of patients who wish to communicate by email or text. What ...

David H. Fitch
Jun 15, 20162 min read


OSHA’s New Silica Dust Rule
Crystalline silica is a mineral found in many building materials such as sand, stone, concrete, brick and mortar. Tiny particles of silica..

Underberg & Kessler
Apr 18, 20163 min read


Legal Experts Offer Guidance to Managers on Employment Issues
If one of your employees shows up for work drunk, you can fire them. But if they tell you they’re an alcoholic, you’ll probably have to...

Paul F. Keneally
Mar 21, 20164 min read


Law and the Art of Automobile Maintenance
Readers of a certain vintage may recall this TV commercial from back in the day: An auto mechanic who has clearly seen it all gives advice..

Thomas F. Knab
Mar 21, 20164 min read


Ask an Attorney: The Legal Issues for Prescribing Medical Marijuana
I have patients who are requesting medical marijuana. What are the legal issues surrounding prescribing it? The New York Compassionate...

Steven R. Gersz
Mar 15, 20162 min read


Ask an Attorney: Physician Mental Health
I am a general practice physician suffering symptoms of depression. Will I be able to continue practicing medicine if I seek mental health..

David H. Fitch
Dec 28, 20152 min read


EPA’s Clean Power Plan Subject to Litigation, Congressional Challenges
As we reported in the August column (The Daily Record, Aug. 3, 2015), the U.S. Environmental Protection Agency issued a rule that sets the..

Underberg & Kessler
Dec 23, 20154 min read


Who has Access to your Medical Records?
Medical care advancements and new insurance options continue to make the news. With new technological improvements such as electronic med...

Anna E. Lynch
Dec 1, 20152 min read


Ask an Attorney: Telemedicine for Call Ins and After Hours Calls
My medical partners and I are exploring whether to use telemedicine to handle “call ins” and after hours calls with our patients. What are..

Anna E. Lynch
Sep 29, 20152 min read


Ask an Attorney: Communication When Transitioning Patient Care
As providers, we are being asked to improve our communications with each other and family members about the patients we serve in common as..

Helen A. Zamboni
Jun 30, 20152 min read
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