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Attorney	Latest Publications
Arturo A Castro	Law Firms And Cloud Computing The term “cloud computing” has been tossed about as the new trend in IT. Unfortunately, just as often has you hear the term echoed as the “next big thing” a comprehensible definition rarely follows. So what is cloud computing?…more Attorney-Client Privilege, Cloud Computing, Confidentiality Agreements, Ethics	See All Updates »
Elizabeth Aboulafia	In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim Administrative Expense Status Under Section 503(b)(9) Of The Bankruptcy Code Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing (the…more Administrative Priority, Creditors, Debtors, Electricity, Goods	See All Updates »
Cynthia A. Augello	Higher Insurance Premiums For Smokers And The Obese The perils of smoking and obesity have long been the topic of conversation in doctors’ offices and between nagging family members. However, employers are jumping on the bandwagon by imposing higher health insurance premiums on…more Affordable Care Act, Employer Group Health Plans, Healthcare, Obesity, Penalties	See All Updates »
Justin Capuano	Court Quotes Mark Zuckerberg’s Opinion Of Where Privacy Is Going On The Web Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive office…more Discovery, Evidence, Mark Zuckerberg, Presumptively Relevant, Social Media	See All Updates »
Brian Fitzgerald	The Moreland Commission on Utility Storm Preparation and Response Issues Its Interim Report On January 7, 2013, the Moreland Commission (the “Commission”), established to examine utility response to the devastation of super-storm Sandy, presented to Governor Andrew Cuomo its Interim Report. The Interim Report outlines…more Disaster Preparedness, Electricity, Hurricane Sandy, Interim Reports, Moreland Commission	See All Updates »
Sean Gajewski	New York’s Two Prong Analysis For Production Of Social Media Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis…more Discoverable, Motion to Compel, Social Media	See All Updates »
Jeffrey R. Greenblatt	NY PSC Acts on Energy Highway Initiative New York’s “Energy Highway” continues to move forward. On October 22, 2012, the Energy Highway Task Force presented Governor Andrew Cuomo with its New York Energy Highway Blueprint (Blueprint), a comprehensive plan to upgrade…more Energy Policy, Highways, Private Investment Funds, Renewable Energy	See All Updates »
Jennifer McLaughlin	Password Protection For Employees Along with the New Year comes new legislation. The prominent role of social media in our society has prompted some employers to require that employees and applicants provide user information and passwords to their social media…more Internet Privacy Protection Acts, Passwords, Right to Privacy, Social Media	See All Updates »
David T. Metcalfe	Gov. Cuomo Establishes Green Bank In New York State In his State of the State address, Gov. Cuomo announced the formation of a green bank in New York. The green bank will be a $1 billion initiative used to promote financing for clean energy projects. Promoting clean energy and…more Andrew Cuomo, CEFIA, Clean Tech, Green Banks, Public-Private Partnerships	See All Updates »
Bruce V. Miller	NY Courts Adopt Federal E-Discovery Cost Allocation Standard On February 28, 2012, Justice Acosta of the First Department, Appellate Division, adopted the federal Zubulake standard to determine which party is responsible for the cost of searching for, retrieving, and producing…more Cost-Shifting, Discovery, Document Productions, Document Requests, ESI	See All Updates »
Deirdre Mitacek	IRS Announces Plans To Look Into UBTI Reporting On A Broader Scale On May 8, 2013, the House Ways and Means Subcommittee on the Oversight of Tax-Exempt Organizations held a hearing on the College and University Compliance Project Final Report (“Final Report”) issued by the IRS on April 25,…more Colleges, Exempt Organizations, IRS, UBTI, Universities	See All Updates »
Gregory G. Nickson	In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim Administrative Expense Status Under Section 503(b)(9) Of The Bankruptcy Code Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing (the…more Administrative Priority, Creditors, Debtors, Electricity, Goods	See All Updates »
Jennean R. Rogers	Court Seeks Reasoned Explanation From NLRB The U.S. Court of Appeals for the D.C. Circuit recently remanded a decision by the National Labor Relations Board (the “Board”) that found an employer had violated the National Labor Relations Act by ordering an employee to…more Dress Codes, Medco Health Solutions, NLRA, NLRB, Pharmaceutical	See All Updates »
James G. Ryan	Transgender Youth Barred From Girls’ Restroom Coy Mathis, born a male, has identified as a female since the age of 18 months. Now at six-years old she must confront issues that far exceed the normal trials and tribulations of the first grade classroom. Coy has dressed in…more Disability Discrimination, Discrimination, Dress Codes, Freedom of Expression, Gender Discrimination	See All Updates »
Michael P. Ryan	The Fine Art of Disinheritance: Drafting in Contemplation of Probate Contests In This Publication: I. Introduction II. Planning Techniques and Warning Signs 1. The in terrorem Clause, EPTL 3-3.5 and SCPA 1404 2. Matter of Singer and the new statutes 3. Explaining the Reasons…more Inter Vivos Gifts, Intestacy, Prior Will	See All Updates »
Joseph D. Simon	Amendments Made To Regulation Requiring Financial Institutions To Protect Federal Benefit Payments In Deposit Accounts From The Reach Of Creditors Several amendments have been made to the federal regulation issued in 2011 that protects certain directly-deposited federal benefit payments from the reach of creditors…more Amended Regulation, Creditors, Deposit Accounts, Garnishment, Payment Plans	See All Updates »
Anna Vikse	Fifth Circuit Holds Lactation Discrimination Is Unlawful Sex Discrimination The U.S. Court of Appeals for the Fifth Circuit has unanimously held that discrimination on the basis of lactation or milk expression violates Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended by the Pregnancy…more Breastfeeding, Civil Rights Act, Discrimination, EEOC, Sex Discrimination	See All Updates »
Thomas Wassel	Federal Court Finds That Veganism May Constitute A Religious Belief The flu season has started out strong this year, already reaching epidemic proportions. A public health emergency has been declared in Boston as flu cases skyrocket to levels 10 times higher than the 2011-2012 season. A mere…more Chenzira, Discrimination, Reasonable Accommodation, Religious Discrimination, Vaccinations	See All Updates »
Damias Wilson	Gov. Cuomo Establishes Green Bank In New York State In his State of the State address, Gov. Cuomo announced the formation of a green bank in New York. The green bank will be a $1 billion initiative used to promote financing for clean energy projects. Promoting clean energy and…more Andrew Cuomo, CEFIA, Clean Tech, Green Banks, Public-Private Partnerships	See All Updates »

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