Cullen and Dykman LLP

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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

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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

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Cynthia A. Augello

N.J. Court Rules: Texters Can Be Found Liable For Texting And Driving From Their Living Room—The Implications For E-discovery

Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text…more

Car Accident, Distracted Driving, Texting

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Thomas Baylis

Enforcing “Bad Boy” Guaranties When The Borrower Files For Bankruptcy Protection

Have you ever gone through an entire foreclosure action only to have the borrower, usually a special purpose entity, file for bankruptcy protection on the eve of sale? If you have - and what lender hasn’t? - you know how…more

Bad Boys, Commercial Bankruptcy, Enforcement, Remedies

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Justin Capuano

Cyber-Bullies Charged With Distributing Child Pornography In Canada

In April 2013, Rehtaeh Parsons died after her parents took her off life support following a suicide attempt after months of enduring cyber bullying. The harassment was the result of a photo depicting Parsons allegedly being…more

Bullying, Canada, Child Pornography, Criminal Prosecution, Cyberbullying

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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

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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

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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

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Hayley Kelch

New IRS Guidance For Calculation Of Hours Worked By Adjunct Faculty And Student Employees Under The Affordable Care Act

This week, the Internal Revenue Service released new regulations that provide guidance to college and university administrators that helps to clarify the application of the Affordable Care Act (“Act”) to adjunct faculty and…more

Affordable Care Act, Colleges, Healthcare, IRS, Universities

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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

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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

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Bruce V. Miller

The Moratorium Continues…

The environmental review of proposed regulations that, if adopted, would permit high-volume hydraulic fracturing gas drilling (“fracking”) in New York State, has been slow. New York State Department of Environmental…more

Energy Policy, Environmental Policies, Fracking, Fracking Bans, Natural Gas

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Deirdre Mitacek

IRS Adopts Final Regulations On Reporting Mortgage Insurance Premium Payments

The Internal Revenue Service (“IRS”) has issued final regulations requiring financial institutions and other persons who receive mortgage insurance premiums aggregating $600 or more during calendar year 2013 to report such…more

IRS, Mortgage Insurance Fund, Mortgages, Premiums, Reporting Requirements

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Elizabeth Murphy

FFIEC Releases Final Guidance For Financial Institutions Using Social Media

The Federal Financial Institutions Examination Council (the “FFIEC”) has released final guidance addressing the applicability of federal consumer protection and compliance laws, regulations, and policies to activities conducted…more

Banks, Compliance, FFIEC, FHA, Regulation DD

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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

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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

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James G. Ryan

Southern District Rules: Unpaid Interns Are Not Eligible To Assert NY Sexual Harassment Protections

In October of 2013, the Southern District of New York dismissed an intern’s claim for sexual harassment brought under New York State Human Rights Law and New York City Human Rights Law on the grounds that the state law…more

Internships, NYCHRL, Sexual Harassment, Unpaid Interns

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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

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Joseph D. Simon

Maximum Flood Insurance Available For Multi-Family Residential Buildings With Five Or More Units Increases To $500,000 As Of June 1, 2014

The maximum amount of flood insurance available under the National Flood Insurance Program (“NFIP”) for multi-family residential buildings with five or more units will increase from $250,000 to $500,000 effective as of June 1,…more

Flood Insurance, Multi-Family Development, Real Estate Market

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Anna Vikse

Court Announces Stricter Standard Of Proof In Retaliation Cases Under Title VII

The Supreme Court has tightened the legal standards for plaintiffs claiming retaliation for employment discrimination complaints in University of Texas Southwestern Medical Center v. Nassar (Docket No. 12–484). The Court held…more

Civil Rights Act, Discrimination, Retaliation, Standard of Proof, Title VII

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Thomas Wassel

Employment Litigation In Review #7

ODEP Develops Database with 3,000 Ready-for-Hire Candidates Who Have Disabilities - On December 5, 2012, the Office of Disability Employment Policy (ODEP) announced its new Workforce Recruitment Program. The program…more

Affirmative Action, Attorney-Client Privilege, Banks, Confidential Communications, Disability

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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

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