News

Legal briefs.

Legal briefs.

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

Succession Planning in a time of recovery

Join panelists Jamie Batt, Eric Colca, Shaun Stimpson as Buffalo Business First hosts a Virtual Executive Forum: Response & Recovery on Tuesday, June 23rd from 1:00pm-2:00pm Register Now

Complimentary Webinar Pivot to Telehealth Visits

Join Jamie Batt and Fred Cohen as Rupp Baase hosts a complimentary webinar Wednesday, June 24th 12:30pm-1:30pm with a panel of healthcare professionals to discuss what is really happening: To the physicians and professionals who provide telehealth care? To the patients that are treated using telehealth? To the health plans that finance telehealth care? Panelists:… Read More

COVID-19 Business Reopening Guidelines Complimentary Webinar

Does your business need a written safety plan? What do you do if an employee tests positive for COVID-19? Join Matt Miller and Jim O’Connor from our Labor & Employment team on Thursday, June 11th at 9:00am for a complimentary webinar as they discuss businesses reopening and operating in New York State during theCOVID-19 Pandemic.… 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

Now Hiring a Rochester Civil Litigation Attorney

While our firm continues to grow, we are seeking a driven Civil Litigation Attorney with 1-5 years’ experience to work in our Rochester office and who thrives in an innovative environment. Responsibilities will include managing cases independently, performing investigations, developing litigation strategies, reporting to insurance carriers and other clients, drafting litigation papers, conducting depositions, and… 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

Employer Alert: Pandemic Unemployment Assistance (PUA) and Unemployment Insurance (UI) Benefits for NY

On March 27, 2020, the President of the United States signed a law that provides additional Unemployment Insurance (“UI”) assistance to workers impacted by COVID-19. This new law provides: Pandemic Unemployment Assistance – Extended eligibility for individuals who have traditionally been ineligible for UI benefits (e.g., self-employed workers, independent contractors); Pandemic Unemployment Compensation – An… Read More

Links for COVID-19 NYS & Federal Resources

We understand information overload. If you have any questions please reach out to our teams who are on the front lines of the ever-changing laws.  Labor & Employent Team or Business Law Team New York State Resources NYS Department of Labor – https://www.labor.ny.gov/home/ NYS DOL Coronavirus COVID-19 “What You Need To Know” – https://coronavirus.health.ny.gov/home NYS… Read More

Employer Alert: CARES Act – What does it mean for you.

Over the past week, federal legislators have made rapid strides in expanding the Coronavirus relief aid to be provided to individuals and businesses vis a vis the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).  From paycheck protection programs to net operating loss provisions, we have it all broken down for you. Full… Read More

Employer Alert: New Federal Coronavirus Leave Guidance

The Department of Labor has released some guidance for the Families First Coronavirus Relief Act. RBPC covid-19 Employer Alert – 3.26.2020 – FFCRA Guidance We recognize information concerning COVID-19 is changing daily.  If you have any questions or concerns please contact our Labor & Employmnet team

Does your business fall under the Executive Order for 75% workforce reduction?

Late yesterday, Thursday March 19, 2020, Empire State Development Corporation (“ESD”) released the guidance required by Governor Cuomo’s Executive Order 202.6 that further defines and specifies whether a business is subject to the 75% workforce reduction imposed by the Governor. Executive Order 202.6 required that, no later than March 20, 2020 at 8 p.m., all… Read More

Will your Business’s Contractual Obligatons be Affected by Coronavirus?

Coronavirus May Impact Your Business’s Contractual Obligations COVID-19 is affecting every aspect of American life right now and that includes business contracts. Are you wondering if your contract(s) is/are still enforceable, or if this pandemic relieves any party’s obligation to perform within the terms of the contract(s)? Step one; determine if there is a “force majeure”… Read More

We’ve Got You

We believe in a positive mindset, and if there is a silver-lining in all of this, the world is being forced to pause and realize we are all more than our professional title. We are more than just attorneys, we’re parents, care-givers, volunteers, and dedicated collaborators.  Whether we are in our office or working remotely… Read More