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High Court Decisions a Boon for Employers under Title VII
In June, the United States Supreme Court issued two decisions under Title VII of the Civil Rights Act of 1964 (Title VII), both good news...

Jennifer A. Shoemaker
Nov 18, 20133 min read


Legal Alert: $1.2M Settlement for HIPAA Breach Based on Photocopier Storage of PHI
On August 14, 2013, the U.S. Department of Health and Human Services (HHS) announced an agreement with Affinity Health Plan, Inc. (Affini...

Helen A. Zamboni
Oct 9, 20132 min read


Ask An Attorney: Legal Issues to be Considered for Group Medical Visits
We are considering the possibility of group medical visits to better serve the needs of our patients. What are some of the legal issues w...

Steven R. Gersz
Oct 1, 20133 min read


Oppressive Conduct Insufficient to Support LLC Dissolution
LLCs, which were created by the New York Limited Liability Company Law (LLCL), are hybrid business entities that combine the tax aspects...

Thomas F. Knab
Sep 16, 20134 min read


Legal Alert: Maximize Opportunities When a Competitor Declares Bankruptcy
Does your company have a plan if one of your competitors files for bankruptcy protection? If a bankrupt competitor is liquidating assets...
David M. Tang
Aug 15, 20132 min read


New York State DEC Revises SEQR EAF Forms
The New York State Environmental Quality Review Act (SEQR) was adopted in 1976 and requires that state and local agencies evaluate potent...

Underberg & Kessler
Jun 17, 20135 min read


Ask An Attorney: How Does NYS Safe Act Effect My Practice?
I am a 55 year-old board certified psychiatrist with a full practice. How does the New York State Secure Ammunition and Firearms Enforcem...

David H. Fitch
Apr 22, 20132 min read


ASTM Revises Environmental Site Assessment Standard
The American Society for Testing and Materials (ASTM) developed the initial Phase I Environmental Site Assessment (ESA) standard in 1993...

Underberg & Kessler
Apr 15, 20134 min read


Mediating Civil Commercial Disputes
Most commercial disputes are settled without getting the lawyers involved, but some disputes prove to be so intractable that they require...

Thomas F. Knab
Mar 22, 20133 min read


Employing a ‘Limited Defense’ Strategy
Talk to small business owners, and one of their biggest fears is becoming embroiled in litigation against their will, and over which they...

Colin D. Ramsey
Mar 18, 20134 min read


What Labor Law Section 193 Amendments Mean
New York Labor Law § 193 and New York Compilation of Codes, Rules and Regulations Title 12, § 195.1 govern employer deductions from emplo...

Jennifer A. Shoemaker
Nov 19, 20123 min read


DEC’s Proposed Environmental Self-Audit Policy
The New York State Department of Environmental Conservation is working on a new Self-Audit Policy to encourage environmental compliance....

Underberg & Kessler
Oct 15, 20124 min read


Developing Remedies for LLC Members
Limited liability companies appeared in New York state in 1994, when the New York Limited Liability Company Law (LLCL) went into effect...

Thomas F. Knab
Jul 16, 20124 min read


Update: NY Litigation Over Marcellus Shale development
As previously reported in this column, the New York State Department of Environmental Conservation is still weighing public comments and...

Underberg & Kessler
Apr 16, 20124 min read


Beware the ‘Badges of Fraud’ this Tax Season
Since the 1913 ratification of the Sixteenth Amendment to the U.S. Constitution granting Congress the “power to lay and collect taxes on ...

David H. Fitch
Mar 19, 20125 min read


Local Regulation of Marcellus Shale Development
As the New York State Department of Environmental Conservation accepts public comments on proposed regulations to address Marcellus shale...

Underberg & Kessler
Dec 19, 20115 min read


Revised Recommendations on Marcellus Shale Development
The development of the natural gas resources in the Marcellus Shale formation across the southern tier of New York and Pennsylvania has t...

Underberg & Kessler
Aug 15, 20115 min read


The Case of a Mutually Assured Dissolution
Six pharmaceutical sales representatives decided to form a corporation, Stonetek. Each of the six shareholders owned 16.67 percent of Sto...

Thomas F. Knab
Jul 18, 20115 min read


Court Gives Guidance on Improper Solicitation of Clients
In a unanimous decision, the New York State Court of Appeals ruled that, under certain circumstances, a business seller may give active a...

Jennifer A. Shoemaker
May 16, 20114 min read


A look at New York DEC’s Proposed SEQR Form Revisions
The New York State Environmental Quality Review Act was adopted in 1976 and requires that state and local agencies evaluate potential env...

Underberg & Kessler
Apr 18, 20115 min read
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