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Frederick Attea

Key Provisions of The Non-Profit Revitalization Act of 2013

On June 21, 2013, the New York State Legislature passed the Non-Profit Revitalization Act of 2013 (the “Act”), which is now awaiting signature by Governor Cuomo. If signed, most provisions of the Act would take effect on July 1,…more

Andrew Cuomo, Board of Directors, Conflicts of Interest, Corporate Governance, Fiduciary Duty

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Sharon Prise Azurin

Organizations Receiving Payments from New York State May be Subject to New Limits on Executive Compensation

The State of New York has enacted new regulations limiting executive compensation for covered providers of services paid for by “State funds” and “State-authorized payments.”…more

Executive Compensation, Medicaid, Reporting Requirements, State Funding, Wages

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Kimberly Barnashuk

Additional Support for Opening Up MLP Structure to Renewables

Earlier this week, Senators Mary Landrieu (D-La.) and Susan Collins (R-Maine) lent their support to a revamped version of the Master Limited Partnerships Parity Act. The bill was reintroduced earlier this year by Senators Chris…more

Corporate Taxes, Investors, Master Limited Partnerships, Proposed Legislation, Renewable Energy

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Jennifer Beckage

Beyond Dispute - June 2013

In This Issue: - New York’s Highest Court Clarifies Who Bears the Risk of Loss in Counterfeit Check Schemes - A Litigation’s Venue May Determine Whether the Producing Party Can Shift E-Discovery Costs to the…more

Business Valuations, Counterfeiting, Venue

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Geanne Blaskow

By The Book - August 2013: IRS Report Scrutinizes Unrelated Business Income Reporting by Tax-Exempt Organizations

The Internal Revenue Service (IRS) has released a final report (the “Report”) summarizing its findings from a study focused on the level of compliance by tax-exempt colleges and universities with respect to unrelated business…more

Audits, Colleges, Compliance, Executive Compensation, Exempt Organizations

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Alan Bozer

Avoid Spoliation Motions by Ensuring Continued Compliance with Litigation Holds

Attorneys and clients must collaborate to ensure compliance with litigation holds and evidence-preservation orders. In Marcone APW, LLC v. Servall Company (Sup. Ct., Erie Cnty., Index No. 2010-7257), Phillips Lytle successfully…more

Discovery, Document Retention Policies, Electronically Stored Information, Litigation Hold, Record Preservation

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Karla Braun-Kolbe

Key Provisions of The Non-Profit Revitalization Act of 2013

On June 21, 2013, the New York State Legislature passed the Non-Profit Revitalization Act of 2013 (the “Act”), which is now awaiting signature by Governor Cuomo. If signed, most provisions of the Act would take effect on July 1,…more

Andrew Cuomo, Board of Directors, Conflicts of Interest, Corporate Governance, Fiduciary Duty

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David Bronston

Super Storm Sandy, Climate Change and Telecommunications Infrastructure: The Report from Mayor Bloomberg’s Special Initiative on Rebuilding and Resiliency

On June 12, 2013, Mayor Bloomberg reported the findings and recommendations of his post-Super Storm Sandy task force. The goal of the report is primarily to minimize disruptions from climate hazards and to improve New York…more

Cell Phones, Climate Change, Emergency Management Plans, Emergency Response, Global Warming

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Craig Bucki

Beyond Dispute - June 2013

In This Issue: - New York’s Highest Court Clarifies Who Bears the Risk of Loss in Counterfeit Check Schemes - A Litigation’s Venue May Determine Whether the Producing Party Can Shift E-Discovery Costs to the…more

Business Valuations, Counterfeiting, Venue

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Joanna Chen

Avoid Spoliation Motions by Ensuring Continued Compliance with Litigation Holds

Attorneys and clients must collaborate to ensure compliance with litigation holds and evidence-preservation orders. In Marcone APW, LLC v. Servall Company (Sup. Ct., Erie Cnty., Index No. 2010-7257), Phillips Lytle successfully…more

Discovery, Document Retention Policies, Electronically Stored Information, Litigation Hold, Record Preservation

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Randy V. Clower

SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra..…more

AMP v Myriad, Biotechnology, DNA, Healthcare, Human Genes

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Andrew Devine

Beyond Dispute - June 2013

In This Issue: - New York’s Highest Court Clarifies Who Bears the Risk of Loss in Counterfeit Check Schemes - A Litigation’s Venue May Determine Whether the Producing Party Can Shift E-Discovery Costs to the…more

Business Valuations, Counterfeiting, Venue

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Joanna Dickinson

Consider Tax Implications in Settlement Agreements

When considering settlements, it is also important to consider one of life’s certainties: taxes. A potentially taxable event may occur whenever money changes hands—even in the context of a settlement. See Internal Revenue Code…more

Canada, Income Taxes, Settlement, Tax Deductions, Tax Planning

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Douglas Dimitroff

Super Storm Sandy, Climate Change and Telecommunications Infrastructure: The Report from Mayor Bloomberg’s Special Initiative on Rebuilding and Resiliency

On June 12, 2013, Mayor Bloomberg reported the findings and recommendations of his post-Super Storm Sandy task force. The goal of the report is primarily to minimize disruptions from climate hazards and to improve New York…more

Cell Phones, Climate Change, Emergency Management Plans, Emergency Response, Global Warming

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James Donathen

Avoid Spoliation Motions by Ensuring Continued Compliance with Litigation Holds

Attorneys and clients must collaborate to ensure compliance with litigation holds and evidence-preservation orders. In Marcone APW, LLC v. Servall Company (Sup. Ct., Erie Cnty., Index No. 2010-7257), Phillips Lytle successfully…more

Discovery, Document Retention Policies, Electronically Stored Information, Litigation Hold, Record Preservation

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Jennifer Dougherty

NYSDEC Announces Streamlined Procedures for Environmental Easements

On February 20, 2014, the New York State Department of Environmental Conservation (“NYSDEC”) announced streamlined procedures for environmental easements. There has been a significant push from the regulated community for…more

Conservation Easements, Easements, Environmental Policies

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Patrick Fitzgerald

Asbestos/Vermiculite Guidance

The New York State Department of Health (“DOH”) released a new guidance document to clarify questions and concerns about asbestos in vermiculate-containing materials (July 9, 2013 Guidance Letter”). Previously, the DOH issued a…more

Asbestos, Environmental Claims, State Health Plans, Toxic Exposure

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Chad Flansburg

New York, Automatic Renewal Clauses Are Not So Automatic

Many industries utilize term contracts with automatic renewal clauses to capture recurring revenue. An automatic renewal clause is a contractual provision by which the contract is automatically renewed at the end of the…more

Automatic Renewals, Bloomberg Inc., Service Contracts

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David Flynn

New York State Moves Forward to Capitalize Its Green Bank

Earlier this year, New York Governor Andrew Cuomo announced that the State would be creating a Green Bank to leverage private sector financing for renewable and other related clean energy projects. The Green Bank was identified…more

Andrew Cuomo, Clean Energy, Financing, Green Banks

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Lawrence Gallick

Why Tax-Exempt Organizations Should Plan for Joint Ventures

Non-profit organizations, which are exempt from federal income tax under Internal Revenue Code section 501(c)(3) (each a “Tax- Exempt Organization”), may find it necessary or beneficial for their operational goals to enter into…more

501(c)(3), Exempt Organizations, Exemptions, Income Taxes, Joint Venture

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Morgan Graham

Earth Matters - April 2013: New Water Withdrawal Permit Requirements

Effective April 12, 2013, there are new regulations in New York governing entities that withdraw, or have the capability to withdraw, 100,000 gallons (or more) of water per day…more

Department of Environmental Conservation, Permits, Water, Water Supplies, Withdrawal

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James Grasso

By The Book - August 2013: The National Labor Relations Board’s Jurisdiction Over Religious Colleges and Universities

The Acting Regional Director of Region 2 of the National Labor Relations Board (NLRB) issued a decision that the NLRB had jurisdiction to conduct an election for adjunct faculty members employed by Manhattan College, a College…more

Colleges, Jurisdiction, NLRB, Universities

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Christopher Hayes

Avoid Spoliation Motions by Ensuring Continued Compliance with Litigation Holds

Attorneys and clients must collaborate to ensure compliance with litigation holds and evidence-preservation orders. In Marcone APW, LLC v. Servall Company (Sup. Ct., Erie Cnty., Index No. 2010-7257), Phillips Lytle successfully…more

Discovery, Document Retention Policies, Electronically Stored Information, Litigation Hold, Record Preservation

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Kevin Hogan

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

In 2008, then-Governor David A. Paterson directed the New York State Department of Environmental Conservation (DEC) to supplement its environmental impact review of oil and gas exploration in New York to consider the potential…more

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Myriah Jaworski

EPA Finalizes Emissions Standards for Vehicles and Fuel

This week, EPA finalized its Tier 3 emission standards designed to reduce air pollution from passenger cars and trucks. The rule establishes new vehicle emissions standards and reduces the sulfur content of gasoline by…more

Air Pollution, Auto Manufacturers, Clean Air Act, EPA, Oil & Gas

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William Keefer

Organizations Receiving Payments from New York State May be Subject to New Limits on Executive Compensation

The State of New York has enacted new regulations limiting executive compensation for covered providers of services paid for by “State funds” and “State-authorized payments.”…more

Executive Compensation, Medicaid, Reporting Requirements, State Funding, Wages

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Colleen Lamarre

What DOMA’s Demise Means for New York Employers and Benefit Plan Sponsors

On June 26, 2013, in United States v. Windsor, 133 S. Ct. 2675 (2013), the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act of 1996 (“DOMA”) violated the Fifth Amendment’s equal protection…more

Benefit Plan Sponsors, COBRA, Defined Benefit Plans, Defined Contribution Plans, Dependent Care

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Amanda Lowe

Labor & Employment: Clarifying Employer Liability for Supervisors Under Title VII: Vance v. Ball State University

It is commonly known that discrimination in employment based on race, color, religion, sex or national origin is illegal, and that employers should take care to reinforce these principles in the workplace. But knowledge…more

Discrimination, EEOC, Employer Liability Issues, Faragher/Ellerth defense, Harassment

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Alisa Lukasiewicz

By The Book - August 2013: Compliance with FERPA: The Debate Between Students’ & Parents’ Rights

Ever since the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, popularly known as “FERPA” or the “Buckley Amendment,” was enacted in 1974, colleges and universities across the country have been challenged with…more

FERPA, Parental Rights, Student Records, Students

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Kenneth A. Manning

Recent U.S. Supreme Court Decisions Favor Express Class Arbitration Waivers

Mandatory arbitration agreements are an important tool in managing litigation risk and cost. Oftentimes, however, the pressures of drafting an arbitration agreement palatable to all involved parties result in sparse provisions…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, AT&T Mobility

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Richard Marrinacio

Why Tax-Exempt Organizations Should Plan for Joint Ventures

Non-profit organizations, which are exempt from federal income tax under Internal Revenue Code section 501(c)(3) (each a “Tax- Exempt Organization”), may find it necessary or beneficial for their operational goals to enter into…more

501(c)(3), Exempt Organizations, Exemptions, Income Taxes, Joint Venture

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Kelly Marks

By The Book - August 2013: IRS Report Scrutinizes Unrelated Business Income Reporting by Tax-Exempt Organizations

The Internal Revenue Service (IRS) has released a final report (the “Report”) summarizing its findings from a study focused on the level of compliance by tax-exempt colleges and universities with respect to unrelated business…more

Audits, Colleges, Compliance, Executive Compensation, Exempt Organizations

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Susan Marriott

Extension of NY-Sun Program May Benefit Hurricane Preparedness

In an earlier post, we discussed the opportunity for supply chain manufacturers as a result of the NY-Sun program. New York’s solar energy industry received an additional boost with the recent passage of the New York Solar Bill…more

Andrew Cuomo, Hurricane Sandy, New Legislation, Renewable Energy, Solar Energy

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Inshirah Muhammad

Earth Matters - October 2012

In This Issue: - Updated Siting Process for Power Plants in New York - Sustainability in Leasing Series – Part I: The Green Rider - Sustainability in Leasing Series – Part II: The Green Lease Policy Statement &…more

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Michael Powers

Guidance For Developers: Protect Against Liability Through Planning And Regulatory Compliance

Recently, Phillips Lytle attorneys successfully appealed an award of punitive damages against a developer found liable for flooding neighboring property. Unanimously reversing the Appellate Division, the New York Court of…more

Compliance, Construction Disputes, Land Developers, Punitive Damages

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Thomas Puchner

Appeals Court Dismisses Legal Challenge to New York RGGI Program

This week, the New York Supreme Court, Appellate Division, Third Department (“Third Department” or “Court”), issued a memorandum decision in the case of Thrun v. Cuomo, dismissing a legal challenge to New York’s involvement in…more

Carbon Emissions, Energy, Greenhouse Gas Emissions, Oil & Gas, Power Plants

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Sarah Ranni

What DOMA’s Demise Means for New York Employers and Benefit Plan Sponsors

On June 26, 2013, in United States v. Windsor, 133 S. Ct. 2675 (2013), the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act of 1996 (“DOMA”) violated the Fifth Amendment’s equal protection…more

Benefit Plan Sponsors, COBRA, Defined Benefit Plans, Defined Contribution Plans, Dependent Care

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Donald Ross

By The Book - August 2013: New York State Creates New Growth Opportunities for Educational Institutions Through the START-UP NY Program

At the conclusion of the most recent session of the New York State Legislature, Governor Cuomo signed into law his widely anticipated plan to create “tax-free” areas of the State on and around college campuses…more

Andrew Cuomo, Colleges, Exemptions, Startups, Tax Credits

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John G. Schmidt Jr.

A Creative Approach to Resisting Shareholder Proposals Pays Dividends

Phillips Lytle LLP’s securities practice recently brought its litigation experience to bear on behalf of a client – National Fuel Gas Company (“National Fuel”) – faced with a shareholder proposal, which the proponent sought to…more

Proxy Statements, SEC, Shareholder Proposals

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Michael Serotte

Planning on Hiring Foreign Programmers, Analysts, or Engineers? H-1B Visas are Predicted to Run Out in April 2013

The improving economy is expected to put pressure on U.S. employers seeking to hire highly skilled foreign graduates and professionals who need an H-1B visa. The H-1B visa cap of 65,000 (plus 20,000 for applicants who possess a…more

H-1B, Visa Caps, Visas

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Michael Silverstein

ADA Applies to Students with Food Allergies on University Campuses

In 2013, the Department of Justice announced a landmark settlement with Lesley University (“Lesley” or the “University”) in Cambridge, MA. Stemming from complaints about the University’s treatment of students with food allergies…more

ADA, Disability, Food Allergies, Students

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Adam Walters

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State…more

Brownfield Grants, Compliance, Contaminated Properties, Environmental Impact Report, Groundwater

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Andrew Wells

Avoid Class Action Exposure in Consumer Transactions

In AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011), the United States Supreme Court reaffirmed a valuable tool for defeating putative class actions, particularly consumer class actions under such statutes as the Fair…more

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Geanne Zanatta

Consider Tax Implications in Settlement Agreements

When considering settlements, it is also important to consider one of life’s certainties: taxes. A potentially taxable event may occur whenever money changes hands—even in the context of a settlement. See Internal Revenue Code…more

Canada, Income Taxes, Settlement, Tax Deductions, Tax Planning

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Preston Zarlock

Beyond Dispute - June 2013

In This Issue: - New York’s Highest Court Clarifies Who Bears the Risk of Loss in Counterfeit Check Schemes - A Litigation’s Venue May Determine Whether the Producing Party Can Shift E-Discovery Costs to the…more

Business Valuations, Counterfeiting, Venue

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