Category: News

To Report or Not to Report a Petroleum Spill:

Environmental attorney John Kolaga wants you to know: In New York, the Rules, They are A-Changing Every person who works with petroleum products in their business should know that, if you have a spill, you need to report it, and fast.  The failure to report a petroleum spill in a timely way can result in large… Read More

Vaccines Now Mandatory for Health Care Workers

New York healthcare workers are now required to be vaccinated against COVID-19. Effective August 26, 2021, all employers of health care workers must mandate that their personnel receive a full COVID-19 vaccination. Employers should pay close attention to the new regulations as they have significantly changed the landscape of the healthcare industry in New York State.… Read More

COVID Restrictions Lifted and HERO Act Amendments: Are Businesses in the Clear?

As was much anticipated following Governor Cuomo’s prior declaration that most COVID restrictions would be lifted if New York State reached the threshold mark of 70% of those age 18 and older having at least one vaccination shot, the Governor excitedly followed through on his promise by lifting COVID restrictions in commercial and social settings,… Read More

28.6 Billion Dollar Restaurant Revitalization Fund

Our business law team is dedicated to helping the hard-hit restaurant business owners stay informed of post COVID opportunities to recover and to thrive. The American Rescue Plan Act Established a $28.6 Billion Restaurant Revitalization Fund (RRF) within the U.S. Small Business Administration (SBA). As of today, April 1, 2021 there is limited guidance available… Read More

Clarifying the Sexual Harassment Standard in New York

There has been a lot of reporting lately on what the legal standard is for sexual harassment claims in New York in light of the recent allegations of three women against Governor Andrew Cuomo.  Matt Miller and James O’Connor clarify the current state of New York law in this area. There are two primary laws… Read More

What to Consider if You Are Thinking of Incorporating Bitcoin Into Your Business

Jon Pierowicz‘s practice focuses on innovative companies at the forefront of their respective industries. The recent disclosure of Tesla’s $1.5 billion investment in bitcoin (“BTC”)[1] has served as an exclamation point to the growing institutional acceptance of BTC as a credible store of value, akin to cash reserves or gold. This trend has advanced partially… Read More

Update: NYSDOL New COVID-19 Leave Guidance

New York State’s Department of Labor (“NYSDOL”) recently issued new Quarantine Leave guidance that affects all employers, regardless of size. Back in March 2020, New York State enacted legislation that forced employers to provide job-protected leave for any employees who become subject to a mandatory or precautionary order of quarantine/isolation due to COVID-19. That mandate subsequently was modified to… Read More

Open Letter to Buffalo Businesses

Whether you’re looking for a business ally, a trusted team to help you navigate this new world of workplace policies, an advocate to get your development project back on track, or a confidant to guide you through family matters, we’re here for you. Get in touch right here or give us a call at (716)… Read More

Board of Regents Extends Deadline to Comply with Commissioner’s Regulations on Cybersecurity and Data Privacy

Due to the COVID-19 pandemic, school districts have more time to create and implement measures increasingly important in today’s tech-savvy and tech-reliant world:  cybersecurity and data privacy.   The Board of Regents extended the compliance deadline for educational agencies and their vendors to meet the terms of Commissioner’s regulation Part 121—which implements Education Law § 2-d’s… Read More

Post Lockdown Lawsuit Pandemic. Four Considerations for Business Owners

As life slowly begins to return to normal and restrictions on business activities are lifted, many businesses may be concerned about lawsuits related to Covid-19.  What if a customer gets sick with Covid-19 after shopping in a store or eating at a restaurant?  Can the store or restaurant be held liable?  To date, there have… Read More

New York Forward: The 4 Phases of Business Re-Openings

The four-phase New York plan to reopen businesses, “New York Forward” (the “Plan”), is underway, with Phase Two of the Plan commencing in Western New York (“WNY”) on June 2nd and in several other NYS regions on May 29th.  This alert sets forth: (i) the regions approved for Phase Two reopenings; (ii) the industries covered… Read More

Main Street Lending Program Provides Relief for WNY Businesses

Jamie Batt and our Business Law team provide a brief overview of the Main Street Lending Program the Federal Reserve has established to provide financing for certain American businesses that were unable to receive funding under the Paycheck Protection Program or need additional financial support after receiving previous funding.  The program will provide four-year loans… Read More

Governor Cuomo Signs Act Reversing Decades-Long ban on Compensated Surrogacy

On April 3, 2020, New York Governor Andrew Cuomo signed into law the New York State Child Parent Security Act (the “Act”), which reverses New York’s decades-long ban on compensated surrogacy.  The Act, which will take effect on February 15, 2021, is a landmark bill that will provide many New York residents legally protected access… Read More

Dan Sarzynski on Navigating the Construction Projects During COVID-19 Crisis

Dan Sarzynski along with Drew Miller from Webster Szanyi provided an informative webinar on Thursday, April  30th for the Construction Exchange. Before Cornoavirus hit, Buffalo’s renasiance was full speed ahead, now what?  The following topics are important to understand for Construction Owners in the days and months ahead. Essential vs. Non-Essential Construction Penalties for Violating… Read More

Matt Miller hosts BNP Webisode on NYS Shared Workforce Program on May 1st

Labor & Employment attorney Matt Miller partners with BNP to provide direction for business owners who are facing difficult questions: How do I avoid layoffs? How do I retain my trained employees during a slowdown? How do I attract them back during a slow rampup period – especially when unemployment benefits are currently so attractive?… Read More

Cybersecurity While Working From Home

Don’t get too comfortable in your home office.  The switch to remote working can present new cybersecurity challenges.  Hackers know that organizations are particularly vulnerable now as many organizations are preoccupied with COVID-19.  By way of example, on March 15, 2020 the United States Department of Health and Human Services (HHS) suffered a cyber-attack on… Read More

Legal Difference Between Layoffs and Furloughs

Matthew Miller, speaks to Business First’s Patrick Connelly on the legal differences between layoffs and furloughs, in New York State. Though used interchangeably with regularity, there is a legal difference between a layoff and a furlough in New York state. Layoffs “The biggest difference and misconception is a layoff or a termination is intended to… Read More

Initial Indicators from the NYS 2021 Budget

Developers, construction companies, and municipalities should be aware of a few key provisions from the recently passed NYS 2021 Budget. We break it all down for you from spending cuts to the increased CHIPS competitive-bid Full Alert: NYS FY Budget Review_Developers & Construction_4_9_20 We are trained to manage risks and solve problems for you.  If… Read More

Could there be Relief of Contractual Obligations?

Despite Governor Cuomo’s Executive Order 202.8 requiring non-essential businesses to reduce in‑person workforce locations by one hundred percent (100%), businesses may find some relief from performance under their commercial leases and other contracts.  Below are some avenues that may potentially provide relief for businesses: Force Majeure in a Lease. A force majeure provision in a… Read More