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Publications : Newsletters/Client Alerts

2008

Earth Matters - Issue Four - April 2008
An Environment & Energy Report from Phillips Lytle
  • Going “Green” With New Development Projects
  • Build-to-Suit Leases May Offer Development Solutions
  • Save Your Old Insurance Policies – and What to Do if One is Lost
  • The Conundrum Called New York’s Spill Reporting Obligations
  • Phillips Lytle Environment & Energy Law Group Update
Labor & Employment Client Alert - March 2008
NLRB Allows Employers to Restrict Employee Use of E-mail and Modifies Discrimination Standard

2007

The Working Paper - Issue Six - December 2007
A Labor & Employment Report from Phillips Lytle
  • NLRB Issues Major Decisions Affecting Employers
  • New York Legislative Update for Employers
  • New Form I-9 and Handbook Released
  • Guidance on Weather-Related Absences for Exempt Employees
Employee Benefits Client Alert - December 2007
The Working Paper - Issue Five - August 2007
A Labor & Employment Report from Phillips Lytle
  • Supreme Court Limits Title VII Pay Discrimination Claims
  • Recent Case Highlights Need to Review Confidentiality Policies
  • Employee Bloggers: What Should Employers Do?
  • Federal Minimum Wage Increases
  • EEOC Revises ADEA Regulations to Permit Employers to Favor Older Employees
  • New EEO-1 Requirements to Take Effect September 30, 2007
The Working Paper - Issue Four - March 2007
A Labor, Employment and Immigration Report from Phillips Lytle
  • A Guide to Employment Practices Liability Insurance
  • New York Raises Minimum Wage and Salary Level for Exempt Employees Again
  • Employers Need to Be Aware of Changes to the Federal Rules of Civil Procedure Regarding Electronically Stored Information
  • New York Adopts Military Spouse Leave Law
  • Pre-Employment Inquiry Guide

2006

Health-care compliance conference generates discussion, Buffalo Law Journal, December 4, 2006

Trial Client Alert - November 2006
Electronic Discovery in Federal Courts

Family Wealth & Planning Client Alert - November 2006
The Deficit Reduction Act of 2005: Qualifying for Medicaid Just Got Tougher

Labor & Employment Client Alert - October 2006
NLRB Clarifies Standards For “Supervisory” Status
The Working Paper - Issue Three - October 2006
A Labor, Employment and Immigration Report from Phillips Lytle
  • Supreme Court Expands Scope of Retaliation Claims Under Title VII
  • New Personal Records Disposal Law to Take Effect in New York
  • U.S. Department of Labor Issues Opinion Letters on Exempt Employee Pay and Work Hour Issues
  • New York Enacts Law Prohibiting Video Recording of Employees
  • What Employers Need to Know About Sarbanes-Oxley’s Whistleblower Protections
  • New York Employers Should Be Aware of State Labor Laws
  • Court Reaffirms Employee Termination for Disloyalty

Earth Matters - Issue Three - August 2006
An Environment & Energy Report from Phillips Lytle
Earth Matters - Issue Two - March 2006
An Environment & Energy Report from Phillips Lytle
  • New York State Offers Significant Tax Incentives to Brownfield Developers
  • Purchasers of Commercial Property Must Comply with the EPA's New Due Diligence Rule to Qualify for Superfund "Safe Harbor" Protection
  • U.S. Supreme Court to Hear Two Cases on "Isolated Wetlands"
  • Employers Owe No Duty to Employee Family Members for Toxic Exposures

The Working Paper - Issue Two - March 2006
A Labor, Employment and Immigration Report From Phillips Lytle

2005

Employee Benefits Client Alert
December 2005
Earth Matters - Inaugural Issue
An Environment & Energy Report from Phillips Lytle
  • The U.S. EPA Issues New Hazardous Waste Manifest Rules
  • Liability Transfer Programs Can Facilitate Brownfields Redevelopment
  • The Rapidly Evolving Debate Over the Power of Eminent Domain
  • New York's Highest Court Holds That "Premises" in Commercial Lease Covers Interior Space and Not the Land
The Working Paper - Inaugural Issue
A Labor, Employment and Immigration Report From Phillips Lytle
  • Don’t Screen Applicants’ Mental Health
  • Thoroughly Discard Consumer Information
  • Caveats on Restricting Confidential Workplace Discussions
  • Court Rules that Employees May Not Waive FMLA Rights Without Court or DOL Approval
  • Storing I-9 Forms Electronically
  • Notify Employees Who Serve in the Military of Their Rights

2004

Labor & Employment Client Alert
NLRB Rules That Nonunion Employees Are Not Entitled To Have A Coworker Present During Investigatory Interviews
Labor & Employment Client Alert
Revised FLSA Overtime "White Collar" Exemption
Regulations:  What An Employer Must Know
Labor & Employment Client Alert
Amendments to Fair Credit Reporting Act Relax Restrictions on Third-Party Investigations and Increase Restrictions on Release of Medical Information and Government Issues Internet/Electronic Technology Applicant Guidelines

2003

Employee Benefits Newsletter - December 2003
  • HIPAA Compliance Deadline Approaching for Small Health Plans
  • IRA Extends GUST remedial Amendment Period
  • DOL Provides Guidance for Qualified Medical Child Support Orders
  • Summary Plan Descriptions
  • Over-the-Counter Drugs May be Rembursed by Health FSA
  • Deemed Section 125 Income
  • 2004 Limits for Pension Plans
NEW YORK PASSES SMOKING BAN
RECENT FEDERAL AND NEW YORK STATE TAX CHANGES
Sarbanes-Oxley Creates New Organization To Audit The Auditors
CONSTRUCTION LITIGATION NEWS
Labor & Employment Client Alert
Employment Discrimination Based on Sexual Orientation is Now Illegal in New York
Health Care Client Alert
Special HIPAA Edition - HIPAA Help for the New Year

2002

Employee Benefits Alert:
HIPAA Update Pertaining to Group Health Plans

Labor & Employment Alert:
Time Spent on Active Duty Counts Toward FMLA Eligibility

Employee Benefits Alert:
Filing Requirements of Fringe Benefit Plans

Employee Benefits Alert:
Saver`s Credit for Pension and IRA Contributions

Labor & Employment Alert:
Supreme Court Strikes Down Regulation Penalizing Employers for Failing to Designate FMLA Leave
Copyright Registration Eased To Allow For Group Registration of Published Photographs
Is Your Invention "On-Sale" Too Soon?
Supreme Court to Settle Disputed Rule of Claim Construction
Protecting Your Trademark From Internet Abuse
Labor & Employment Alert:
Supreme Court Restricts ADA Coverage
Employee Benefits Alert:
Revised Rollover Safe Harbor Explanation
Employee Benefits Alert:
New Welfare and Fringe Benefit Plan Rules

Covenants Not-to-Compete for Professionals are Likely to be Enforced in New York State
Careful Negotiation of Contract Terms Crucial to Dispute Resolution
New York State Supreme Court Dealing with the Needs of Business in the Commercial Division

2001

Trusts & Estates Client Alert:
New York Enacts New Principal and Income Act
Rules Change for Deposit Accounts as Collateral Under Revised Article 9
Perfecting A Security Interest By Filing Under Revised Article 9
Labor & Employment Alert:
NY Federal Trial Court Rules for the First Time That DOL Regulations on FMLA Are Invalid
Nonjudicial Disposition of Collateral Under Revised Article 9 of the UCC
Covenants-Not-to-Compete for Veterinarians are Likely to be Enforced in New York State
Employee Benefits Alert:
Uniform Services Employment and Re-Employment Rights Act of 1994
UCC Financing Statement
UCC Financing Statement Amendment
Intellectual Property Alert:
Ready or Not – Here Come the New Top-Level Domains
Equity-Based Compensation - Not Just for Techies
Franchise Offering Circulars
H1-B Update
Venture Capital Funding in a Tight Market
Labor & Employment Alert:
Supreme Court Rejects NLRB Test For Determining Whether Professional or Technical Employees Qualify as Supervisors
Labor & Employment Alert:
Supreme Court Rules That Liability For Front Pay Is Unlimited
Labor & Employment Alert:
Court Rules That Failure to Provide Prescription Contraceptives Is Sex Discrimination
Tax Alert:
Summary of the Economic Growth And Tax Relief Reconciliation Act of 2001
Health Care & Environmental Law Alert:
EPA to Commence Hospital and Health Care Enforcement Initiative
Labor & Employment Alert:
A Guide for Asking Interview Questions in New York State
Labor & Employment Alert:
NLRB Changes Rules for Employers to Withdraw Recognition From Unions
Labor & Employment Alert:
EEOC Issues New Regulation Affecting Age Discrimination Waivers
Planning in Light of Possible Transfer Tax Changes
United States Savings Bonds Offer Benefits to All Ages and Incomes
Paying for College: What`s a Section 529 Account?
New Rules Proposed for IRA Distributions
Education Law Client Alert:
U.S. Supreme Court Upholds Offensive T-Shirt Ban
Education Law Client Alert:
Earth Day OK in Public Schools
Education Law Client Alert:
New York Court of Appeals Asked to Rule on Revocation of Tenure Awards
Labor & Employment Alert:
Supreme Court Says Employers Can Require Employees to Arbitrate Employment Disputes
Patent and Trademark Office Attempts to Bring Order to Explosion of "Business Methods" Patent Applications
Protection of a Product Design Under Trademark Law
Eyes Wide Open: Publication, Royalties and the Submission of Prior Art
Changes in Patent Act Guarantee Timely Patent Prosecution
Labor & Employment Alert:
Second Circuit Upholds Backpay Award to Union “Salt” Organizer
Labor & Employment Alert:
Ergonomics Rule Repealed
Education Law Alert:
Student has Substantive Due Process Right to be Free of Excessive Force by School Officials and Teacher, Superintendent and Principal not Entitled to Qualified Immunity for Teacher’s Assault of Student
Education Law Alert:
IDEA Does Not Apply to Private Schools and § 504 of the Rehabilitation Act Does Not Require Educational Institutions to Lower Their Academic Standards
Labor & Employment Alert:
Dating is Not a Protected Recreational Activity
Labor & Employment Alert:
Employer Who Enforced a Nondiscrimination Policy Avoids Liability for Sexual Harassment
Labor & Employment Alert:
Court Holds That Employer can be Held Liable for Defamation for E-Mail Statement Related to Employee’s Termination
Trusts & Estates Alert:
IRS Simplifies Minimum Required Distribution Rules
The March Toward Paperless Plan Administration Continues
Age Discrimination Act Held Applicable to Retiree Health Care Benefits
Deadline to Amend Retirement Plans Fast Approaching

2000

Health Care Alert:
Patient Health Information and Quality Improvement Act of 2000
Employee Benefits Alert:
IRS Allows Employers to Simplify 401(k) Administration
Employee Benfits Alert:
Is Your Cafeteria Plan Ready for 2001
The Electronic Workplace
Supreme Court Makes Proving Discrimination Easier
Has Definition of “exempt” Changed under FLSA?
NLRB Extends Rights to Non-Union Employees
Intellectual Property Collateral: Is Your Security Interest in Copyrights Perfected?
Collecting Debts From Financially-Troubled Companies: Minimizing The Risk of 'Preferential Transfer' Litigation
New Technologies and UCC Article 9
Education Law Alert:
SEQR Doesn't Have to Delay Vital Capital Projects
Bankruptcy & Creditors` Rights Alert:
The Supreme Court Prohibits Non-trustees from Charging Secured Creditors` Collateral
The Demise of Happy Hour?!?
Does Your Company Have Insurance for Y2K Remediation Expenses?
Top 10 Things to Remember If You Are Called For a Deposition
The Electronic Smoking Gun
Employee Benefits Alert:
Qualified Transportation Fringe Benefits
Health Care Client Alert:
Can Illegible Prescriptions Lead to Liability?
Audit Committee Disclosure Rules: Greater Transparency or Greater Liability?
Employee Benefits Alert:
Hardship Distribution Rules
Employee Benefits Alert:
Rollover Distributions
Environmental Law Alert:
Superfund Amended
SEC Proposes Fair Disclosure and Insider Trading Rules
The Implications of Form I-9 on U.S. Businesses

1999

The State Environmental Quality Review Act: A Practical Guide
Qualified Small Issue Bonds for Manufacturing Facilities
New IDA Civic Facility Legislation
When Can an Industrial Development Agency Provide Financial Assistance to a Retail Project?
What is An 80/20 Bond?
Letters of Credit in Bond Transactions
Electronic Mail and Confidentiality of Attorney/Client Communications
A Primer on Employer`s Use of Consumer Reports Under the Fair Credit Reporting Act
Defending Against Punitive Damage Awards
Employee Benefits Alert:
Annual Notice Obligation
Labor & Employment Alert:
The Supreme Court Addresses Mitigation Under the ADA and Punitive Damages Under The Civil Rights Act of 1991
Education Law Alert:
Supreme Court Decision On Student-On-Student Sexual Harassment
New Rules For Standby Letters of Credit
Non-Judicial Foreclosure of Commercial Mortgages: Will It Help?
Construction Financing of Major Projects
A Fragile Balance Built out of Paper, Steel and Concrete
FCC Issues New Rules to Combat Slamming
Education Law Alert:
The New York Charter Schools Act of 1998
Employee Benefits Alert:
Recent IRS Changes Intended to Simplify Plan Administration
Estate Planning Techniques For Individuals With Qualified Plans and Traditional IRAs
Joint Property - Not AlwaysThe Best Alternative
Revocable Living Trusts
Thinking About Lifetime Gift
Charitable Contributions Update