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Attorney	Latest Publications
Kimberly Barnashuk	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	See All Updates »
Randy V. Clower	“Are Human Genes Patentable?” The Supreme Court Grants Certiorari in Myriad On November 30, 2012, the Supreme Court granted certiorari – in what portends to be one of the most impactful decisions in patent law history – to end the “gene patenting” debate, an issue that lower courts have measured over…more Bilski, Biotechnology, DNA, Human Genes, Myriad	See All Updates »
Jennifer Dougherty	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	See All Updates »
Patrick Fitzgerald	Earth Matters - April 2013: Cancelling EPA’s Self Audit Policy Program? Last Spring, the Office of Enforcement and Compliance Assurance (OECA) released its Fiscal Year 2013 National Program Manager Guidance (“FY 2013 Guidance”), which sets forth, among other things, the methods that the United…more Audits, Enforcement, EPA	See All Updates »
David Flynn	Obama's State of the Union Address and America's Energy Future President Obama’s State of the Union address touched on many issues of critical importance to Americans, including America’s energy future and its link to economic growth and prosperity. In discussing the need to maintain…more Climate Change, Energy Policy, Oil & Gas, Renewable Energy, State of the Union	See All Updates »
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	See All Updates »
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	See All Updates »
Colleen Lamarre	Health Care Reform Update: Employee Notice Requirements The United States Department of Labor (DOL) has issued long-awaited guidance on the health insurance exchange notice requirement that applies under the Patient Protection and Affordable Care Act (PPACA). Generally, PPACA…more Affordable Care Act, DOL, FLSA, Health Insurance Exchanges, Healthcare	See All Updates »
Kenneth A. Manning	U.S. Supreme Court Raises Standards For Class Certification Class certification is the critical factor in many class actions. It occurs when a court authorizes a putative class representative, usually an individual or a small group, to represent a much larger class of people who have…more CAFA, Class Action, Class Certification, Comcast, Comcast v. Behrend	See All Updates »
Susan Marriott	Earth Matters - April 2013: Update on Federal Trade Commission Guides for Green Marketing In the August 2010 issue of the Earth Matters newsletter, we provided recommendations for incorporating transparency into “green” marketing efforts based on the “Guides for the Use of Environmental Marketing Claims” (the “Green…more Advertising, Energy Efficiency, Environmental Claims, FTC, Green Guides	See All Updates »
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	See All Updates »
Thomas Puchner	Appeals Court Upholds Drilling Bans In twin decisions handed down today, the Supreme Court, Appellate Division, Third Department upheld two local zoning laws that prohibit activities related to oil and gas development (commonly referred to as “hydraulic…more Fracking, Fracking Bans, Oil & Gas	See All Updates »
Sarah Ranni	Health Care Reform Update: Employee Notice Requirements The United States Department of Labor (DOL) has issued long-awaited guidance on the health insurance exchange notice requirement that applies under the Patient Protection and Affordable Care Act (PPACA). Generally, PPACA…more Affordable Care Act, DOL, FLSA, Health Insurance Exchanges, Healthcare	See All Updates »
Donald Ross	Earth Matters - April 2013: Making Solar Power More Affordable for New Yorkers New York State continues to be a national leader in renewable energy initiatives, particularly in encouraging practical, everyday applications of solar power. Recently, Governor Andrew Cuomo, as part of his ongoing “NY-Sun”…more Andrew Cuomo, New Legislation, Renewable Energy, Solar Energy	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »

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