• Loss Mitigation in Labor Law Cases

    Scott Middleton, Esq. December 21, 2015 Many of our clients own commercial buildings or multifamily residential buildings and may not be aware of their legal exposure when having construction, renovation, or repair work performed on these buildings. Labor Law sections 240 and 241 apply to these types of buildings and can be devastating to the unknowing owner. If any worker falls from height, or has an accident involving a gravity-related risk while the work is being performed, the owner and general contractor are absolutely liable. To adequately protect owners, first and foremost, only reputable contractors should be hired. In the contract between the owner ...

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    Friday, December 18th, 2015

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  • Feb 10 – East End Exec Breakfast: Labor & Employment Update for 2016

    February 10, 2016 Labor & Employment Update for 2016 Our next East End Executive Breakfast event will feature an interactive panel of Long Island professionals discussing important legal and practical updates on a wide range of Labor and Employment topics for business owners, CEOs, managers, in-house counsel, and human resources professionals. Join us as we host Irv Miljoner, Director of the Long Island District Office, U.S. Department of Labor’s Wage & Hour Division, together with Markowitz, Fenelon & Bank as we address employment law issues that impact our business community. February 10, 2016 8:00 am to 10:00 am Sea Star Ballroom 431 East Main Street, Riverhead, ...

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    Thursday, December 17th, 2015

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  • Holiday Party Guide for Employers

    It’s that time of the year again! Many employers are hosting holiday parties, where employees, and sometimes clients and customers as well, get a chance to relax, socialize, and take a break from the work to celebrate the holiday season. Raising employee morale during the holiday season is a good way to say thank you for their work all year, but despite the fun of a party, there are potential legal issues which could quickly make you forget the fun. To avoid problems from arising, it is advisable to act before the party to minimize potential headaches after the party. Serving ...

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    Monday, December 07th, 2015

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  • November 2015 Legal Brief – Firm Newsletter

    November 2015 Legal Brief - Firm Newsletter

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    Monday, November 23rd, 2015

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  • Court of Appeals Expands Environmental Standing to Challenge SEQRA Determinations

    On November 19, 2015, in Sierra Cub v. Village of Painted Post, New York’s highest court, the Court of Appeals, reversed a decision by the Appellate Division, Fourth Department, which had found that an individual petitioner lacked standing to challenge actions of the Village of Painted Post on State Environmental Quality Review Act (“SEQRA”) grounds.  In so doing, the Court continued a trend towards loosening restrictions on people to gain relief from the courts based on claims of environmental harm.  The question of standing when it comes to SEQRA challenges asks whether the petitioner has a sufficient interest in the ...

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    Monday, November 23rd, 2015

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  • Takedown Notices under the DMCA

    A “Takedown Notice” under the Digital Millennium Copyright Act (“DMCA”) exempts certain online service providers (“OSPs”) from liability for copyright infringing acts by its users, provided they meet certain conditions. The definition of an OSP for purposes of the DMCA is quite broad: “a provider of online services or network access, or the operator of facilities therefor.” 17 USC §512(k)(1)(B).  This would include most sites that offer user-generated content such as web hosting companies, blogging platforms, discussion forums, and so on. Among the conditions that an OSP must meet to be exempt from liability are: No actual or constructive knowledge of infringing behavior; No ...

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    Friday, November 20th, 2015

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  • The SEC Reminds Us: An Ounce of Prevention is Worth a Pound of Cure

    On November 4, 2015, Andrew Ceresney, the head of the Security and Exchange Commission’s (“SEC”) enforcement division, delivered the keynote address to the National Society of Compliance Professionals’ annual meeting.  The key takeaway from Mr. Ceresney’s remarks is that is the compliance function—and specifically the role of the Chief Compliance Officer (“CCO”)—is more important than ever in today’s highly regulated economy, and companies that short-change or ignore this function do so at their own peril. In speaking to this gathering of compliance professionals, Mr. Ceresney explained that “the Commission is in your corner . . . and . . . you ...

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    Friday, November 20th, 2015

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  • Pay Your Attorney Now: Supreme Court Considers Legality of Seizing Untainted Money

    The headline is not just shameless attorney self-promotion, but in fact reflects sound advice to anyone or any company facing a government investigation.  More often than not, the U.S. Attorney’s Office seizes a defendant’s assets at the same time he is placed under arrest.  In these cases, the defendant not only finds himself under arrest facing charges, but also unable to use any of his own money to hire a defense attorney of his choice to fight the charges. This practice began in the 1970s and was ultimately sanctioned in the Supreme Court case of United States v. Monsanto, 491 U.S. ...

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    Friday, November 20th, 2015

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  • Healthcare Providers with Health Republic Patients Must Act Now to Protect Ability to Receive Payment

    Healthcare providers must proactively pursue timely payments under New York’s Prompt Pay Law and conduct credentialing verification to protect their income in the wake of the Health Republic insurance company closing. In October 2015, the New York State Department of Financial Services (DFS) announced that Health Republic would halt coverage at the end of November 2015 due to its risk of insolvency.  This announcement started a scramble among healthcare providers.  The state Healthcare Association, an industry group representing hospitals, estimates that hospitals alone are owed at least $160 million from Health Republic. Newsday reported that the DFS has told Magnacare that payments ...

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    Friday, November 20th, 2015

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  • Client Advisory: NYC’s “Ban the Box” Legislation Now in Effect

    Joining state and local jurisdictions across the country, New York City has enacted a “Ban the Box” law that limits employers’ inquiries into the criminal background of job applicants and imposes stringent requirements on employers who intend to make hiring decisions based on such information. The Fair Chance Act, effective as of October 27, 2015, prohibits employers who are based in NYC or otherwise have employees in NYC from asking candidates about their pending arrests or criminal convictions until after extending a conditional offer of employment.  Further, employers are restricted from publishing job postings that state or imply that a person ...

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    Friday, November 20th, 2015

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Fred Eisenbud