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U&K Attorneys Comment on Emerging Litigation Risks in Rochester Business Journal Article


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Underberg & Kessler labor & employment attorneys, Paul F. Keneally and Ryan T. Biesenbach, were featured in a recent article published in the Rochester Business Journal. The article, “How companies can mitigate litigation risk, from tech and otherwise,” discusses what kinds of litigation risks are most prevalent currently and what steps companies can take to guard against them.


“The non-compete is a particularly interesting category right now because the federal government, through primarily the Federal Trade Commission, has indicated that they’re very much interested in greatly restricting or if not banning non-competes and cutting back even non-solicitation agreements that are maybe included or an alternative to the non competes,” Paul stated.


Another area the firm is watching is related to the recent amendment to the New York State Human Rights Law that became effective February 15 and increased the statute of limitations for all forms of discrimination from one to three years. “I think it’s going to create a pretty big uptick in Division of Human Rights cases going forward,” added Ryan.


Paul provided tips for businesses to avoid employment-related litigation, including reading publications and blogs (written by employment attorneys) to stay on top of ever-changing laws and having a dedicated human resources person and counsel. “The area of employment law has just reached a point where I think it’s overly difficult for most employers – meaning like the owner of the company – to do it on their own,” said Paul, about staying abreast of litigation risks. “They have to find someone who specializes in it.”


Reprinted with permission from Rochester Business Journal. To view the full article, click here.


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