Jean S. Everett, Erika H. Hooker, Maria C. Zumpano, MBA, CPA, Joshua S. Werbeck
February 22, 2024
Effective January 1, 2024, many Homeowners Associations (HOAs) became subject to new Federal requirements to report personal information of individuals who are their senior officers and other beneficial owners to the Financial Crime Enforcement Network (FinCEN), a bureau of the U.S. Treasury Department. New HOAs created on or after January 1, 2024, will only have
Read More »Anna Putintseva
February 06, 2024
In this article: FY 2025 H-1B Cap Key Points FY 2025 H-1B Changes H-1B Recap What is the H-1B Visa Category? Specialty Occupation Defined H-1B Cap-Exempt Cases Labor Condition Application (LCA) H-1B Period of Stay Conclusion U.S. Citizenship and Immigration Services (USCIS) has announced that the initial electronic registration for the fiscal year (FY) 2025
Read More »Rosemary Lepiane
January 29, 2024
In this article: What happens if you don't have a prenup? Protection of Individual Assets Distinguishing Between Marital and Separate Property Case Example Conclusion Marriage is one of the biggest commitments you’ll make in life – one that intertwines lives, assets, debts, and future plans. Many people enter this commitment with the intention of forever,
Read More »Ryan S. Suser
January 17, 2024
Bousquet Holstein attorney Ryan Suser recently won a decision on summary judgment finding that the opposing party had breached certain terms of a separation agreement. Ryan's client was divorced pursuant to this agreement that required the parties to continue living together. After some time, Ryan's client moved out and the question became whether the agreement
Read More »Gregory D. Eriksen
December 01, 2023
Article details: Benefits to Mediation How Does the Mediation Process Work? Mediation Case Examples Employment Dispute/Discrimination Personal Injury Contract Disagreement Summary Mediation is a practical and cost-effective forum that is best used to help parties who might be willing to settle a case but need help closing the gap between their positions. It is a
Read More »Laura T. Hedge
November 28, 2023
With the holidays and school breaks coming up, many families are trying to coordinate vacation plans. However, for divorced or separated parents with child custody arrangements, even a brief trip can pose potential challenges – from scheduling conflicts to disagreements about travel. At Bousquet Holstein, we understand that planning out-of-state or international travel can be
Read More »Jean S. Everett, Jeffrey C. Fasoldt, Jr.
November 15, 2023
UPDATE: On November 30, 2023, FinCEN amended the rule to extend the filing deadline for certain BOI reports during the first year of reporting. Reporting Companies formed after January 1, 2024, and before January 1, 2025, will now have 90 days to file their initial reports. Previously, Reporting Companies only had 30 days to report.
Read More »Rebecca R. Cohen
October 17, 2023
This summer, United States Citizenship and Immigration Services (USCIS) expanded options for applicants and attorneys to schedule appointments online with local USCIS field offices in two significant ways. Biometric Service Appointments Can Now Be Rescheduled Online In June 2023, USCIS began allowing applicants and attorneys to reschedule most biometrics appointments (appointments for fingerprints, photograph, or
Read More »Jean S. Everett, Autumn R. Burgin
October 11, 2023
The Consumer Finance Protection Bureau recently issued Circular 2023-03 reminding creditors of the requirements under the Equal Credit Opportunity Act and Regulation B regarding adverse action notices. The Circular summarizes the regulatory provisions that a notice of credit denial provided to a consumer must be specific and state the principal reasons for denial of credit
Read More »Ryan S. Suser
October 11, 2023
When your spouse makes, controls, and manages all the money in your marriage, deciding to get a divorce can be an overwhelming and often isolating decision. Fortunately, you have options that allow you to retain strong legal representation and support when separating from your spouse. Understanding Your Rights One person in a marriage often sacrifices
Read More »Rosemary Lepiane
September 05, 2023
In this article: Can marijuana affect my custody case? Medical Marijuana Arguments Used in Custody Cases Summary The Marijuana Regulation and Taxation Act legalized the use of marijuana state-wide in 2021. This legalization posed huge uncertainty for divorce and family law attorneys in how marijuana's greater accessibility would affect family court/custodial cases. Now, after two
Read More »Rebecca R. Cohen
August 14, 2023
In April 2022, the U.S. Customs and Border Protection ("CBP") piloted a "stampless" entry program, that is now expanding to all airports, seaports, and land ports of entry. This new program means that CBP has discontinued using ink stamps in passports to document entry into the United States. While this new process should streamline entries
Read More »Jeffrey C. Fasoldt, Jr., Joshua S. Werbeck
August 09, 2023
The White House recently announced a Presidential initiative to protect residential tenants across the country from surprise "junk fees" charged by landlords. Generally, these are fees that are included in addition to rent that may be collected prior to the commencement of a lease – such as rental application fees – or extra fees during
Read More »Jean S. Everett, Natalie P. Hempson-Elliott, Jeffrey C. Fasoldt, Jr.
August 01, 2023
The Gowanus Neighborhood Mixed Income Housing Development Program offers real property tax abatement for affordable housing projects located in the Special Gowanus Mixed Use District, an 82-block former industrial area along the Gowanus Canal in Brooklyn, New York. The Program addresses the uncertainty arising from the sunset of Section 421-a(16) of the New York Real
Read More »Rosemary Lepiane
July 20, 2023
Bousquet Holstein attorney Rosemary Lepiane won a motion to dismiss a father's petition for a modification of custody order after trial. After trial, the father filed for a modification of custody with affidavits claiming new information, but re-asserted facts that had been already been addressed during the trial. Attorney Lepiane moved to dismiss since father
Read More »Jean S. Everett
July 13, 2023
The monetization of energy tax credits under the Inflation Reduction Act (IRA) offers a potential source of revenue for local governments, school districts, 501(c)(3) organizations and certain other federally tax-exempt organizations that are buying new qualified commercial clean vehicles and motorized equipment. What is the credit for qualified commercial clean vehicles? Although local governments, school
Read More »Rosemary Lepiane
July 13, 2023
Bousquet Holstein attorney Rosemary Lepiane won three motions to dismiss parental time requests from non-custodial parties after her client moved her child out of state. Lepiane's client had previously filed an order of protection after suffering domestic violence from the child's father. Thereafter, the client and child moved to a different county in-state and over
Read More »Jeffrey C. Fasoldt, Jr., Jean S. Everett
June 14, 2023
The Board of Governors of the Federal Reserve System (Board); Consumer Financial Protection Bureau (CFPB); Federal Deposit Insurance Corporation (FDIC); National Credit Union Administration (NCUA); and Office of the Comptroller of the Currency (OCC) have requested public comment on proposed guidance that outlines examples of policies and procedures for risk-based reconsiderations of value (ROVs) for
Read More »Christy Vouri-Misso
May 22, 2023
On May 12, 2023, the IRS released Notice 2023-38, Domestic Content Bonus Credit Guidance for owners of green energy projects, such as wind, solar and energy storage technologies. The Notice provides guidance on the Inflation Reduction Act of 2022 (IRA), which provided for an increased credit amount under Internal Revenue Code Sections ("Section") 45, 45Y,
Read More »Christy Vouri-Misso, Kevin M. Sayles
May 05, 2023
When Is a Brownfield Site Not a Brownfield Site? On April 4, 2023, the IRS released Notice 2023-29, Energy Community Bonus Credit Amounts under the Inflation Reduction Act of 2022. The Notice provides guidance on the Inflation Reduction Act of 2022 (IRA), which provided for an increased credit amount under Internal Revenue Code Sections ("Section")
Read More »April 21, 2023
The Hudson River is a prime example of the positive impact the Brownfield Cleanup Program (BCP) has had in Upstate New York. Photo by Harry Gillen. In this article: What is a Brownfield? Environmental Benefits of the Brownfield Cleanup Program Success In Upstate New York Summary The Brownfield Cleanup Program (BCP) is a New York
Read More »April 11, 2023
To: Onondaga County and Tompkins County High School Students, and Art/Photography TeachersCC: All School District Superintendents and High School Principals and Vice Principals We are pleased to announce the 15th Annual Bousquet Holstein High School Photography Contest for Onondaga and Tompkins County High School Student in grades 9 through 12 (including high schools in the
Read More »Gregory D. Eriksen
March 29, 2023
Article Details: Court Mediation Arbitration Alternate Forums At some point in your personal or professional life, you are likely to experience a major dispute, whether it involves a personal injury, a large debt, a broken agreement, or other damage to your business or property. Such disputes do not typically resolve themselves quietly, and it is
Read More »Erika H. Hooker
March 02, 2023
On February 22, 2023, the New York State Department of Labor finalized the new farm worker overtime regulations to decrease the overtime threshold limit for farm workers. Currently, farm workers receive overtime pay after 60 hours of work. The new regulation will decrease that number to 56 hours starting on January 1, 2024, and
Read More »Christy Vouri-Misso
February 21, 2023
On February 14, 2023, the IRS released Notice 2023-17, Initial Guidance Establishing Program to Allocate Environmental Justice Solar and Wind Capacity Limitation Under Section 48(e). The Notice provides guidance on the Inflation Reduction Act of 2022 (IRA), which allocated solar and wind facilities an additional 10% of energy tax credits if located in low-income communities
Read More »Steve Paquette, Rosemary Lepiane
February 16, 2023
One of the first decisions a couple must make when facing a divorce, is what kind of process to use – mediation, collaboration, or litigation. Litigated divorces are known to be lengthy, costly, and stressful. While that may be the only route for some, others may prefer a less combative approach, especially when there
Read More »Rebecca R. Cohen
February 06, 2023
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance and revisions to Form N-648, Medical Certification for Disability Exceptions. Form N-648 is used by U.S. citizenship applicants requesting an exception to the English and civics testing requirements for naturalization due to a physical or developmental disability or mental impairment. The form is
Read More »Christy Vouri-Misso
Rebecca R. Cohen
January 26, 2023
On October 31, 2022, the Department of Homeland Security (DHS) implemented a final rule aimed to preserve and strengthen the Deferred Action for Childhood Arrivals (DACA) program. The implementation of the final rule means that DACA is now based on a formal regulation, rather than just a policy memorandum. The DACA program has allowed over
Read More »Anna Putintseva
December 20, 2022
In early March of 2023, U.S. Citizenship and Immigration Services (USCIS) will start accepting registrations of H-1B petitions subject to fiscal year (FY) 2024 cap. Beneficiaries of selected and approved H-1B cap-subject petitions will be eligible to start working in the United States on October 1, 2023. Last year, USCIS received 486,927 registrations for the
Read More »Christy Vouri-Misso
December 07, 2022
The IRS released Notice 2022-61, Prevailing Wage and Apprenticeship Initial Guidance Under Section 45(b)(6)(B)(ii) and Other Substantially Similar Provisions last week. Under the Inflation Reduction Act of 2022 (the "Act"), one of the ways that certain tax credits for clean energy can be increased, including increasing the Energy Credit from 6% to 30%, is if
Read More »Rebecca R. Cohen
October 17, 2022
USCIS has extended the temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days prior to submission. The waiver took effect on December 9, 2021 and has been extended to March 31, 2023, to further ease processing delays and difficulties completing
Read More »Rebecca R. Cohen
October 17, 2022
Effective September 26, 2022, USCIS is automatically extending the validity of Permanent Resident Cards (Green Cards) to 24 months for lawful permanent residents (LPR) who file Form I-90, Application to Replace Permanent Resident Card. Previously, the extension was for a period of 12 months. LPRs who properly file Form I-90 to renew an expiring or
Read More »Christy Vouri-Misso
September 15, 2022
The Inflation Reduction Act of 2022 (the "Act") was signed into law by President Biden last month. Below is summary of certain tax benefits for clean energy production. Extension of the PTC Extends the production tax credit (PTC), which allows energy producers to claim a credit based on electricity produced from renewable energy resources through
Read More »Jeffrey C. Fasoldt, Jr., Joshua S. Werbeck
July 28, 2022
As schools and colleges break for summer and vacation season gets into full swing, short-term rentals – offered on popular platforms like Airbnb and VRBO – are often a prime topic of discussion. Short-term rentals are not new. But they are consistently the subject of debate of local municipalities – some residents preferring the extra
Read More »Rebecca R. Cohen
June 06, 2022
U.S. Citizenship and Immigration Services ("USCIS") recently updated the USCIS Policy Manual to explain how officers should determine whether a potential O-1B beneficiary should be evaluated as someone with extraordinary ability in the arts ("O-1B Arts") or extraordinary achievement in the motion picture or television industry ("O-1B MPTV"). While the visa category is the same,
Read More »Philip S. Bousquet, Julia J. Martin, Casey A. Johnson, Michael W. Tyszko, Kevin M. Sayles, Christy Vouri-Misso, Aaron C. Records
April 21, 2022
This has already been an eventful year for stakeholders interested in the New York Brownfield Cleanup Program (BCP). The recently enacted NYS budget included a ten-year extension of the tax credits under the BCP, as detailed in our recent alert. NYSDEC first announced in May 2017 (and then every year since) that it would issue
Read More »Philip S. Bousquet, Julia J. Martin, Casey A. Johnson, Kevin M. Sayles, Aaron C. Records
April 13, 2022
Amendments also include a $50K BCP program fee, other changes April 13, 2022 On Saturday, April 9, 2022, New York State Governor Kathy Hochul signed into law a ten-year extension of the tax incentives for the Brownfield Cleanup Program (BCP) as part of the 2022-23 NYS Budget ("Budget"). The BCP's incentives were to sunset for
Read More »L. Micha Ordway, Jr.
March 24, 2022
On November 8, 2021, Governor Hochul signed Senate Bill S2628, which requires employers to notify employees when the employer is monitoring or otherwise intercepting the employee's electronic communications. These new notice requirements become effective on May 7, 2022. Requirements S2628 amends § 52-c of the New York Civil Rights Law (the "Amendment") to include the
Read More »Rebecca R. Cohen
March 21, 2022
On January 21, 2022, the Biden Administration announced several agency actions to attract and retain international science, technology, engineering, and math (STEM) talent. Attracting STEM talent is one of the administration's key strategies for U.S. technological and economic global competitiveness. The administration set forth new policies to provide clearer and more predictable pathways for international
Read More »Anna Putintseva
February 01, 2022
On March 1, 2022, U.S. Citizenship and Immigration Services ("USCIS") will start accepting registrations of H-1B petitions subject to fiscal year (FY) 2023 cap. Beneficiaries of selected and approved H-1B cap-subject petitions will be eligible to start working in the United States on October 1, 2022. Competition for H-1B numbers during the FY2023 season is
Read More »Philip S. Bousquet, Aaron C. Records, Casey A. Johnson, Julia J. Martin, Kevin M. Sayles, Christy Vouri-Misso, Michael W. Tyszko
January 28, 2022
On January 18, New York Governor Kathy Hochul issued proposed legislation to implement the Governor's Fiscal Year 2023 Executive Budget. The Transportation, Economic Development, and Environmental Conservation bill included in the Executive Budget would extend the tax incentives available for remediation and redevelopment of contaminated sites under New York's Brownfield Cleanup Program ("BCP") for ten
Read More »L. Micha Ordway, Jr.
January 24, 2022
By: L. Micha Ordway, Jr. Esq. On September 6, 2021, Governor Hochul signed Senate Bill S2766 (the "Act") which creates a new remedy for construction workers seeking to recover unpaid wages, benefits and wage supplements. Under the Act, upstream contractors are now jointly and severally liable for their subcontractor's failure to pay wages (including overtime),
Read More »Anna Putintseva
January 10, 2022
By: Anna Putintseva The U.S. Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive in-person interviews for certain employment nonimmigrant visa applicants through the end of 2022. Beneficiaries of approved H-1, H-3, H-4, L, O, P, and Q visa petitions may qualify for an interview waiver if
Read More »L. Micha Ordway, Jr.
January 10, 2022
By: L. Micha Ordway, Jr. Esq. Background In October 2021, Governor Kathy Hochul signed Senate Bill S4394A into law and enacted significant changes (Amendments) to one of New York's whistleblower protection statutes, Labor Law § 740. Although Senate Bill S4394A was signed on October 28, 2021, it does not become effective until January 26, 2022.
Read More »Christy Vouri-Misso
November 05, 2021
By: Christy Vouri-Misso Low-Income Housing Tax Credit The BBBA extends the 9% LIHTC allocations to pegged amounts through 2025. The provision is effective for calendar years after December 31, 2021. The provision provides a 50% increase in basis for LIHTC projects that designate at least 20% of their units for extremely low-income tenants. These projects
Read More »Christy Vouri-Misso, Julia J. Martin, Natalie P. Hempson-Elliott
November 05, 2021
By: Natalie Hempson-Elliott, Julia Martin & Christy Vouri-Misso The Build Back Better Act package released by Congress last week includes a significant amount of tax benefits for clean energy production. Below is a summary of what we are watching: Extension of the PTC Extends the production tax credit (PTC), which allows energy producers to claim
Read More »Anna Putintseva
November 01, 2021
As the COVID-19 pandemic has reshaped life as we know it, it also accelerated many business trends, including e-commerce. As online sales of goods and services continue to replace the in-store purchase experience, more businesses are moving to establish an online presence and many new businesses are being launched to sell products or services exclusively
Read More »Ryan S. Suser
September 24, 2021
As posted on the NNY360-Watertown Times Website - September 23, 2021 https://www.nny360.com/news/oswegocounty/oswego-takes-on-port-in-state-supreme-court/article_7c790d45-4745-5f1f-a7dd-728fac81c59e.html
Read More »Georgia G. Crinnin, Kimberly N. Rothman
September 13, 2021
On June 13, 2021, a new version of the New York Statutory Short Form Power of Attorney went into effect. Powers of Attorney signed before this date that complied with the earlier law continue to be valid. However, any Power of Attorney signed after June 13th must comply with the new requirements, as outlined below.
Read More »Kavitha Janardhan
July 08, 2021
What Is It? The New York Health and Essential Rights Act ("NY HERO Act"), enacted in May 2021, requires employers to establish new health and safety measures regarding airborne infectious diseases. The Act also gives the New York State Department of Labor ("NYSDOL") authority to develop minimum standards for employers to follow to help prevent
Read More »Anna Putintseva
May 26, 2021
The Department of Labor ("DOL") delayed until November 2022 the effective date of the Trump Administration's rule titled "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States" (the "Prevailing Wage Rule" or "Rule") which significantly raised the minimum wage employers must pay to highly skilled H-1B,
Read More »Christy Vouri-Misso
May 26, 2021
Under the recently enacted New York State 2021-2022 Budget Bill, A.3009-C/S.2509-C, New York has "decoupled" from the Federal Qualified Opportunity Zone program. This means that any capital gain in 2021 and later may no longer be deferred from New York State tax. The capital gain may still be invested in a Qualified Opportunity Zone Fund
Read More »Jeffrey C. Fasoldt, Jr., John L. Valentino
April 15, 2021
On March 31, 2021, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (the "Act") into law. The law makes New York the 15th state to legalize recreational marijuana. The Act itself puts forth a sweeping regulatory scheme and establishes the Office of Cannabis Management ("OCM") to implement and enforce the Act's provisions. The Act
Read More »Ryan S. Suser
March 23, 2021
Ryan S. Suser, a Member and Litigation Attorney, recently won an appeal before the New York State Appellate Division for the Third Department. The win affirms a decision favoring Ryan's client. It allows the sale of an interest in vacation property over another party's objection. The question before the Court was whether the property's owner
Read More »Anna Putintseva
February 10, 2021
United States Citizenship and Immigration Services (“USCIS”) announced that employers may submit their cap-subject H-1B online registration forms beginning Tuesday, March 9, 2021 at noon Eastern Time and continuing through Thursday, March 25, 2021 at noon Eastern Time. Employers will need to register and pay an associated $10 fee for each H-1B electronic registration. USCIS will conduct a
Read More »Christy Vouri-Misso
February 08, 2021
Recently released IRS Notice 2021-10, provides additional relief for "qualified opportunity funds" ("QOFs"), their investors and "qualified opportunity zone businesses" extending many of the previously extended deadlines due to the Coronavirus. Previously, the IRS extended the 180-day deadline for taxpayers to invest eligible capital gains into a QOF to July 15, 2020 ( https://bhlawpllc.com/publication/irs-extends-deadline-to-invest-in-a-qualified-opportunity-fund/ ) and also extended
Read More »Jeffrey C. Fasoldt, Jr.
January 21, 2021
At the start of the new year, the National Defense Authorization Act ("NDAA") was enacted into law and included the Corporate Transparency Act ("CTA"). The CTA subjects individuals who own, or apply to form, businesses organized as corporations, limited liability companies, partnerships or similar entities to heightened reporting to the Financial Crimes Enforcement Network ("FinCEN")
Read More »Jean S. Everett
January 19, 2021
On December 15, 2020, Governor Cuomo signed into law amendments to the New York State Finance Law and the New York State General Municipal Law relating to payment of retainage to contractors of public works projects. The amendments are widely supported by New York State's construction industry. The amendments clarify the definitions of substantial completion
Read More »Anna Putintseva
January 11, 2021
On January 8, 2021, USCIS published a final rule (the “Rule“) creating a wage-based selection process for new cap-subject H-1B petitions titled Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions which is scheduled to take effect on March 9, 2021, before this year’s H-1B lottery. The Rule gives priority to the petitions offering
Read More »Anna Putintseva
December 07, 2020
The U.S. District Court in California has set aside the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, significantly increasing the prevailing wages to be paid to certain temporary and permanent foreign workers (“DOL Rule”) and the DHS interim final rule, Strengthening the H-1B Nonimmigrant
Read More »Anna Putintseva
November 02, 2020
On October 8, 2020, the Department of Labor ("DOL") and Department of Homeland Security ("DHS") published new rules that will have a considerable impact on the H-1B visa program. The DOL rule substantially modifies and increases prevailing wages payable to foreign workers and limits the H-1B program to the most highly paid professionals, regardless of
Read More »Rebecca R. Cohen, John L. Valentino
September 14, 2020
Following New York's enactment of temporary COVID-19 emergency paid sick leave benefits in March, New York enacted permanent paid sick leave legislation on April 3, 2020. Governor Cuomo signed the State Budget (Senate Bill S7506B) into law, which includes a provision that amends the New York Labor Law to require employers to provide paid sick
Read More »Ryan S. Suser
September 11, 2020
Ryan S. Suser, a Member and Litigation Attorney, obtained a decision vacating a court's prior order in the Onondaga County Family Court. The order was previously entered on default. Arguing that the default was improperly granted, and after filing an objection from an adverse finding by a trial Referee, Ryan was able to have the
Read More »Susan R. Katzoff
August 04, 2020
As posted on Syracuse.com - Aug 03, 8:00 AMhttps://www.syracuse.com/opinion/2020/08/ny-budget-crisis-puts-critical-free-legal-help-at-risk-commentary.html This commentary was submitted by Susan Katzoff, president of the board of directors of the Volunteer Lawyers Project of Onondaga County Inc., on behalf of board members Laurence Bousquet, Sophie Dagenais, Peter Dunn, Anthony Gigliotti, Brittany Hannah, Palmer Harvey, Mitchell Katz, Michael Klein, Brian LaClair, Emilee Lawson Hatch, George Lowe, Mary Miner,
Read More »Ryan S. Suser
July 31, 2020
Ryan S. Suser, a Member and Litigation Attorney, recently defeated a motion for summary judgment before the Cayuga County Supreme Court. His clients are pursuing a case against a local Town alleging, among other things, that the Town inappropriately encroached on their property in constructing a local road. The lawsuit seeks to return the property
Read More »Jean S. Everett
July 21, 2020
Public Finance Attorney Jean S. Everett Deteriorating infrastructure and job creation are costly problems that have long plagued many communities. Local governments in New York State faced shrinking revenues and increasing demands for public works projects and services prior to the onset of the pandemic and the outcry for policing reform and equity. Loss of
Read More »Virginia A. Hoveman
Rosemary Lepiane, Ryan S. Suser, Steve Paquette
May 04, 2020
A centerpiece of divorce settlement is the equitable division of the assets and debts of the marriage and the proper allocation of cash flow through child support and a period of spousal maintenance. In a time where the economy, and perhaps even one's own career outlook face instability, caution must be used to avoid self-inflicted pain
Read More »Ryan S. Suser
April 01, 2020
Ryan Suser, a Member and Litigation Attorney in the firm’s Trust's and Estates / Elder Law Practice, defeated a motion for summary judgment against several individual clients. The case is brought by a nursing home against several relatives of the nursing home's resident, who recently passed away. Among other things, the complaint seeks to "claw
Read More »Aaron D. Frishman
March 31, 2020
In response to the COVID-19 health crisis, the New York State Department of Health issued statewide directives on March 21, 2020 to counties across the state as to how they should be addressing certain situations specifically with respect to Medicaid eligibility and enrollment. To be more specific, the Department of Health issued guidance in the
Read More »Christy Vouri-Misso
March 23, 2020
The Treasury Department and the Internal Revenue Service announced that the filing due date for federal income tax returns would be automatically extended to July 15, 2020. The extension applies to "all taxpayers" including: individuals, corporations, trusts and estates, and other filers. Additionally, payment of income tax due has also been extended to July 15,
Read More »Erika H. Hooker, Joseph J. Porcello, David A. Holstein
March 19, 2020
While the vineyard is still quiet and contemplating the end of winter, now is the perfect time for New York wineries to be considering succession planning. Are there family members ready for more responsibility? Key employees you want to reward going into the next harvest season and beyond? Are you at an age where Medicaid
Read More »March 17, 2020
Municipal and governmental issuers and conduit borrowers (such as hospitals, colleges, universities and other nonprofits) are taking steps to address and mitigate direct and indirect risks and costs posed by COVID-19. Issuers and conduit borrowers should add continuing disclosure obligations to their growing checklist of items to address with respect to COVID-19 and its impacts
Read More »John L. Valentino
March 15, 2020
On March 11, 2020, the World Health Organization declared a global pandemic as the Coronavirus rapidly spreads around the world. Employers are becoming increasingly concerned about their rights and obligations with respect to maintaining a safe workplace for their employees and complying with various federal and state labor and employment laws. This alert will provide
Read More »Anna Putintseva
February 18, 2020
Seasonal Workers The U.S. wine industry is facing an imminent shortage of labor, particularly during harvest season. Throughout the United States, such work is mostly done by foreign workers. The H-2A visa program is commonly utilized by wineries to fill employment gaps, by hiring temporary, seasonal workers. H-2A visas are
Read More »Anna Putintseva
February 11, 2020
United States Citizenship and Immigration Services ("USCIS") announced that it is implementing the electronic registration system for employers seeking to file FY2021 H-1B cap subject petitions. Employers are required to register and pay an associated $10 fee for each electronic registration. We can assist you with the registration and submission of the necessary information for
Read More »Michael W. Tyszko
February 11, 2020
In late December 2019, President Trump signed into law a wide-ranging appropriations bill which extended several temporary excise tax credits created by the 2017 Tax Cuts and Jobs Act ("Jobs Act") that were due to expire at the end of 2019. The tax credits, which correspond to an excise tax increase passed in 1990, have
Read More »Maria C. Zumpano, MBA, CPA, Kevin M. Sayles, Susan R. Katzoff, Michael W. Tyszko, J.P. Paraschos, Julia J. Martin, Laurence G. Bousquet, Philip S. Bousquet, Paul M. Predmore, Jean S. Everett
February 10, 2020
This alert is the third part of the Bousquet Holstein OZ Series that highlights topics in the Opportunity Zones final regulations published in the Federal Register on January 13, 2020. Under the Opportunity Zones program, a taxpayer who has held a qualifying investment in a Qualified Opportunity Fund for at least 10 years may elect
Read More »Joseph J. Porcello, Gregory D. Eriksen
February 08, 2020
Brand. What does it mean in the wine industry? Everything. An overstatement? Maybe. But not by much. A winery's brand tells the story of its wine, from the vineyard to the bottle to the table, and builds connections with consumers that form the very foundation of the enterprise. It is front-and-center on every single bottle. It
Read More »Maria C. Zumpano, MBA, CPA, Kevin M. Sayles, Susan R. Katzoff, Michael W. Tyszko, J.P. Paraschos, Julia J. Martin, Laurence G. Bousquet, Philip S. Bousquet, Paul M. Predmore
January 29, 2020
This alert is part of the OZ Series that highlights topics in the Opportunity Zones final regulations published in the Federal Register on January 13, 2020. One of the changes in the final regulations makes it easier for taxpayers with capital gains from the sale of business property to receive tax benefits under the Opportunity
Read More »Maria C. Zumpano, MBA, CPA, Kevin M. Sayles, Susan R. Katzoff, Michael W. Tyszko, J.P. Paraschos, Julia J. Martin, Laurence G. Bousquet, Philip S. Bousquet, Paul M. Predmore
January 22, 2020
In December 2017, the Tax Cuts and Jobs Act of 2017 added the Opportunity Zones program to the Internal Revenue Code. The Opportunity Zones program provides for the deferral and reduction of capital gains tax and possible permanent exclusion from federal income taxation of eligible capital gains. Taxpayers realize these benefits by investing in Qualified
Read More »John L. Valentino
January 13, 2020
New York has expanded its protection of employee rights to include an employee's (and their dependent's) right to make decisions concerning their reproductive health. Specifically, the law prohibits an employer from taking any discriminatory or retaliatory action against an employee because the employee or an employee's dependent has made any health decision relating to their
Read More »Maria C. Zumpano, MBA, CPA, Jean S. Everett
January 08, 2020
In November 2019, Governor Cuomo signed several bills into law that benefit veterans and active duty military in the areas of eligibility for benefits, real property tax exemption, education, employment, and others. Chapter 481 of the Laws of 2019 directs the New York State Division of Veterans’ Services (DVS) to maintain a Discharge Upgrade Advisory
Read More »Joseph J. Porcello
December 16, 2019
From small family-owned businesses to large global corporations, a company's ability to execute an effective advertising and marketing campaign is critical to building a recognizable, durable brand and driving sales. But what if your ads land your company in legal trouble, resulting in a court order enjoining your ad campaign and requiring you to pay
Read More »Anna Putintseva
November 21, 2019
Background The H-1B category is an attractive employment-based option for U.S. employers seeking to hire foreign nationals in specialty occupations. Generally, in order to qualify for an H-1B visa, the employer must demonstrate to the United States Citizenship and Immigration Services (the "USCIS") that the following requirements are met: the job is a specialty occupation,
Read More »Natalie P. Hempson-Elliott, Joshua S. Werbeck
October 07, 2019
There is a transfer tax due when conveying real property in New York State. The amount of transfer tax is based on the consideration paid in exchange for the conveyance, which consideration is typically the purchase price. The transfer tax is reported on the Form TP-584 Transfer Tax Report. The TP-584 must be filed at
Read More »October 03, 2019
As part of Governor Cuomo's efforts to expand New York's anti-discrimination laws, the Governor signed new legislation which will effectively prohibit employers from making wage or salary inquiries with job applicants and employees. The new law takes effect on January 6, 2020 and provides that no employer shall: a. Rely on the wage or salary
Read More »Ryan S. Suser
September 10, 2019
Ryan Suser, a Member and Litigation Attorney in the firm’s Family Law / LGBTQ+ practice, has perfected an appeal in the Appellate Division for the Fourth Department. The appeal, which will be argued on November 20, 2019 in Rochester, concerns the ability of a "non-biological" parent to obtain standing to seek visitation or custody with
Read More »Ryan S. Suser
August 02, 2019
Ryan Suser, a Member and Litigation Attorney in the firm's Trusts and Estates Practice, has obtained a decision in his client's favor following two days of trial in the Onondaga County Surrogate's Court. Suser successfully proved that the opposing party had "abandoned" the decedent under the New York State EPTL, resulting in forfeiture of that
Read More »June 14, 2019
In mid-May, the United States Trade Representative ("USTR") published a proposal to impose additional 25% tariffs on approximately $300 billion worth of goods imported from China ("List 4"), pursuant to Section 301 of the Trade Act of 1974. List 4 covers 3,805 full and partial tariff subheadings ranging from agricultural products to manufactured goods. A
Read More »Ryan S. Suser
June 04, 2019
Ryan Suser, a Member and Litigation Attorney in the firm's Matrimonial and Family Law Practice, obtained a dismissal of a matter involving the intra-state movement of children. Following a trial and appeal in the United Kingdom, the father had relocated to California and filed a new custody matter there. The mother, in possession of the
Read More »Ryan S. Suser
June 04, 2019
Ryan Suser, a Member and Litigation Attorney in the firm's Matrimonial and Family Law Practice, obtained a dismissal of a child custody enforcement matter after two days of trial in the Onondaga County Family Court. At issue, among other things, was whether an alleged violation of a prior order by Suser's client warranted a change
Read More »Joshua S. Werbeck
April 14, 2019
On March 31, 2019, Governor Andrew M. Cuomo and the State Legislature passed the $175 billion FY 2020 budget (the "Budget") for the state of New York. Real estate related highlights from the budget include: Permanent 2% Property Tax Cap: The inclusion of the permanent 2% property tax cap in the FY 2020 Budget will
Read More »Joseph J. Porcello, L. Micha Ordway, Jr.
April 12, 2019
Gray market goods can pose a significant threat to a U.S. company's reputation, customer goodwill, revenues, and, ultimately, profits. The risk is particularly acute for brand owners who sell high-end products, such as industrial and commercial machinery, cars, consumer electronics, jewelry, perfume, and designer clothing. For these and other companies, an awareness of gray goods
Read More »Ryan S. Suser
April 08, 2019
Ryan Suser, a Member and Litigation Attorney in the firm's Matrimonial and Family Law Practice, successfully obtained an emergency stay in a matter involving the intra-state movement of children. Suser's client relocated with the children to another state, alleging domestic violence. A New York Family Court ordered that she return to this State. Suser brought
Read More »Jana K. McDonald, Joshua S. Werbeck
March 05, 2019
Bousquet Holstein’s real estate and litigation attorneys represent property owners in challenges to municipal assessments of real property, which is known as tax certiorari. If you or your business own real property that the municipality has assessed too high, is assessing unequally to other properties, or is entitled to an exemption that the municipality incorrectly
Read More »John L. Valentino
February 25, 2019
On February 15, 2019, the U.S. Department of Labor ("DOL") issued a Field Assistance Bulletin abandoning application of the 80/20 rule in enforcement proceedings involving tipped employees. The Bulletin is consistent with an Opinion Letter issued by the DOL in November, 2018 stating that there should be no limit placed on the amount of time
Read More »Susan R. Katzoff, Natalie P. Hempson-Elliott
February 08, 2019
Compliance with the event notices added to Rule 15c2-12 of the Securities Exchange Act of 1934 (Rule), by the Securities and Exchange Commission on August 20, 2018, is required starting on February 27, 2019. 501(c)(3) borrowers, municipal issuers and other obligated persons must now file with the Electronic Municipal Market Access system (EMMA), notices of
Read More »Anna Putintseva
January 18, 2019
In last month's alert, we discussed a popular question among many employer-sponsors, namely how many expert letters should be submitted to support a petition. Here is the link to that alert: http://bhlawpllc.com/publication/expert-letters-how-many-letters-are-enough-for-an-o-1-petition/ In this alert, we are addressing the format of how these letters should be written. The government gives some insights in the regulations about
Read More »Susan R. Katzoff
January 08, 2019
The Internal Revenue Service published the final public approval regulation in the Federal Register on December 31, 2018. The regulation will apply to bonds issued pursuant to a public approval occurring on or after April 1, 2019. The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) added to the Internal Revenue Code a public
Read More »Anna Putintseva
December 10, 2018
The fifth criterion for O-1 classification is what we generally refer to in the industry as "expert letters". Usually sponsors and beneficiaries ask us how many letters are required in order to meet this criterion. Our response is: it is not the quantity but the quality of expert letters that matters. O-1 petitions do not
Read More »Anna Putintseva
November 19, 2018
As of September 11, 2018, the US Citizenship & Immigration Services (USCIS) implemented a new policy which states an officer reviewing a recently filed petition has the discretion to outwardly deny the petition without first issuing a Request for Evidence or a Notice of Intent to Deny. This policy is intended to encourage petitioners to submit as
Read More »Susan R. Katzoff, Natalie P. Hempson-Elliott
October 26, 2018
The Federal Reserve's Alternative Reference Rates Committee recently recommended the Secured Overnight Financing Rate (SOFR) as an alternative for the London interbank offered rate (LIBOR). LIBOR is the index rate frequently used in tax-exempt bonds, commercial loans and mortgages and interest rate swaps and other derivatives to establish the interest rates payable by borrowers and
Read More »Anna Putintseva
October 16, 2018
There are times when cases presented to this office involve a dancer who has transitioned from being a highly successful competitive dancer to coach or performer. As more years pass between the dancer's last competition and the dancer's current work as a coach or performer, there may be concerns about using older results to support
Read More »Anna Putintseva
October 05, 2018
I was recently denied approval to travel for some important upcoming meetings in the United States on the Visa Waiver program and thus needed a skilled attorney that fully understood Immigration Law to assist me with overcoming the denial and obtaining a business visa to the United States. Anna Putintseva and her team assisted me
Read More »Cameron T. Bernard, John L. Valentino
September 11, 2018
As part of the New York State budget signed by Governor Cuomo earlier this year, sweeping legislative changes were made to strengthen sexual harassment laws. Two major changes, which become effective October 9, 2018, require employers to adopt a robust sexual harassment prevention policy and provide annual sexual harassment prevention training. This reform, which was
Read More »Susan R. Katzoff, Natalie P. Hempson-Elliott
September 06, 2018
Susan R. Katzoff, Natalie P. Hempson-Elliott
September 04, 2018
Enacted in December 2017, the Tax Cuts and Jobs Act of 2017 (the "TCJA") contains a provision that incentivizes long-term investments in economically distressed areas designated as Opportunity Zones ("OZ"). The TCJA added §1400Z to the Internal Revenue Code (the "IRC"), which provides for the deferral of capital gains tax, a step-up in basis, and
Read More »Susan R. Katzoff, Jean S. Everett
September 04, 2018
The Authorities Budget Office ("ABO") has proposed a new rule which will codify Industrial Development Agencies' ("IDAs") existing website posting requirements under Section 859-a of the General Municipal Law ("GML"). The rule will require IDAs to post all policies and forms (both blank and project specific) to their websites. The ABO notes the proposed rule
Read More »Anna Putintseva
August 28, 2018
Cameron T. Bernard, Paul M. Predmore
August 27, 2018
Susan R. Katzoff, Natalie P. Hempson-Elliott
August 22, 2018
The Securities and Exchange Commission ("SEC") announced on August 20, 2018, the adoption of amendments to Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule") relating to debt and other financial obligations undertaken in a direct placement. Compliance with the changes will be required 180 days after publication of the amendments in the Federal Register.
Read More »John L. Valentino
August 16, 2018
Governor Cuomo recently signed into law new legislation that will reform New York's sexual harassment laws. Significantly, the reforms will: Prohibit mandatory arbitration for sexual harassment complaints (except in the case of collective bargaining agreements);Require every employer to adopt sexual harassment policies that meet minimum standards;Require every employer to utilize a sexual harassment prevention training
Read More »Emilee K. Lawson Hatch
June 15, 2018
Reprinted with permission from: New York State Bar Association Journal, May 2018, Vol. 90, No. 4, published by the New York State Bar Association, One Elk Street, Albany, NY 12207. Assisted Reproductive Technology (ART) is continually changing the landscape of families and potential heirs. This is both miraculous and, at times, confounding. As modern technology has made posthumously conceived children
Read More »Paul M. Predmore
May 01, 2018
This article is an excellent reminder that businesses that offer "pennies on the dollar" tax-debt relief offer services that you can do yourself, with the support of experienced counsel.For more information and consultation, please call me at 315.701.6305, or email ppredmore@bhlawpllc.com. https://www.washingtonpost.com/news/get-there/wp/2018/05/01/no-you-cannot-get-rid-of-your-tax-debt-for-pennies-on-the-dollar/?noredirect=on&utm_term=.37f57635740e
Read More »Rebecca R. Cohen
March 13, 2018
I came to Bousquet Holstein PLLC with a complicated Italian Dual Citizenship matter - I needed to get a “one and the same” court order for a living relative in Massachusetts for an appointment coming up at the Consolato Italiano in New York. One of the attorneys at Bousquet Holstein PLLC, Rebecca Cohen, is admitted
Read More »Susan R. Katzoff, Natalie P. Hempson-Elliott
January 28, 2018
Effective December 5, 2018, the New York State Authorities Budget Office ("ABO") promulgated regulations entitled "Standard Application Form" and added them as Part 250.1 to Title 19 of the New York Codes, Rules and Regulations (the "New Regulations"). The ABO asserts that the New Regulations will increase the accountability of Industrial Development Agencies ("IDAs") and
Read More »Anna Putintseva
January 25, 2018
On April 2, 2018, the United States Citizenship and Immigration Services (the "USCIS") will begin accepting H-1B petitions subject to the Fiscal Year ("FY") 2019 cap. Foreign employees whose H-1B FY 2019 petitions will be approved can start their employment in the United States on October 1, 2018. While April 2nd may seem far away at
Read More »Michael W. Tyszko, Julia J. Martin, Philip S. Bousquet
January 25, 2018
On January 16, Governor Cuomo introduced the New York FY 2019 Executive Budget ("Budget"). The Budget includes a proposal to revive an emergency measure, originally passed in the wake of the Great Recession, which would defer taxpayers' ability to claim certain tax credit amounts. Like the original version, which was passed in 2010, the Governor's
Read More »L. Micha Ordway, Jr.
November 08, 2017
On October 23, 2017, New York State enacted the Safety in Agriculture Tourism Act, which is an inherent risk statute intended to insulate equine and agricultural tourism businesses from liability for the risks incurred by inviting the public onto farm property. The Act was enacted due to the advocacy by the New York State Horse
Read More »Steve Paquette
Divorce can be challenging, stressful, and wrought with emotion. In circumstances where one or both spouses have business interests to protect, it can also be complicated. Whether you have spent years building your business, or perhaps inherited a family business, you have invested and sacrificed greatly to ensure its success. Chances are you don’t want
Read More »Anna Putintseva
January 24, 2017
On April 3, 2017, the United States Citizenship and Immigration Services (the "USCIS") will begin accepting H-1B petitions subject to the Fiscal Year ("FY") 2018 cap. Foreign employees whose H-1B FY 2018 petitions will be approved can start their employment in the United States on October 1, 2017. While April 3rd may seem far away at
Read More »Aaron D. Frishman
December 21, 2016
On Tuesday, December 13, 2016, President Obama signed H.R. 34, named the 21st Century Cures Act, into law. Embedded in this legislation is the culmination of many years of work by Elder Law attorneys across the country to effectively amend the federal statute allowing for the establishment of self-settled special needs trusts for disabled individuals
Read More »L. Micha Ordway, Jr., John L. Valentino
December 01, 2016
Last week a United States District Court in the Eastern District of Texas in the case of the State of Nevada, et al., v. United States Department of Labor issued a Preliminary Injunction that temporarily enjoins the United States Department of Labor ("DOL") from implementing certain, long planned, changes to the Fair Labor Standards Act ("FLSA").
Read More »L. Micha Ordway, Jr.
August 23, 2016
Micha Ordway is a guest contributor on the Fleet Feet Monthly Blog. Click here to check out his current contribution.
Read More »David A. Holstein
August 10, 2016
The U.S. Treasury recently issued proposed regulations under Section 2704 of the Internal Revenue Code that severely limit the use of valuation discounts for transfers of limited liability company ("LLC"), partnership and corporate ownership interests among family members. If finalized as proposed, the regulations will negatively impact popular estate planning strategies, such as the gifting
Read More »Aaron D. Frishman, Natalie P. Hempson-Elliott, Philip S. Bousquet, Joshua S. Werbeck
July 25, 2016
On June 21, 2016, the Federal Aviation Administration ("FAA") released its highly anticipated new rules set to serve as the foundation for governing commercial use of small, Unmanned Aircraft Systems ("UAS") and Unmanned Aerial Vehicles ("UAVs") in the United States. These new rules, more specifically, Part 107 of the Federal Aviation Regulations, provide a clear
Read More »L. Micha Ordway, Jr.
July 20, 2016
A Friend Most Unwelcome. Prologue: Those who have followed my articles for Fleet Feet Syracuse will note that this is not the promised story of the Mystery of Pleasure from Pain. I'll get back to it eventually. Maybe. For this installment, I have something else about which to write! It’s the tale of a friend
Read More »L. Micha Ordway, Jr.
June 21, 2016
Micha Ordway is a guest contributor on the Fleet Feet Monthly Blog. Click here to check out his current contribution.
Read More »John L. Valentino
June 14, 2016
In May 2016, the United States Department of Labor ("DOL") issued its highly anticipated final rule for defining and delimiting the exemptions for executive, administrative, outside sales and computer employees, otherwise known as the "White Collar Exemptions" (the "Final Rule"). The Final Rule was designed to update the standard salary level that employers must pay
Read More »May 17, 2016
Micha Ordway is a guest contributor on the Fleet Feet Monthly Blog.Click here to check out his current contribution.
Read More »Aaron D. Frishman, Natalie P. Hempson-Elliott, Philip S. Bousquet, Joshua S. Werbeck
May 11, 2016
The drone industry has proliferated recently and is expected to see continued exponential growth in the next several years. Experts estimate that close to 1 million drone units, also known as small, unmanned aerial vehicles (or UAVs for short), were purchased during the 2015 holiday season alone. This expansion has led to creative, expanded use of
Read More »L. Micha Ordway, Jr.
April 28, 2016
Prologue: Those who follow my articles regularly will note that this article is not the promised story about the best advice that I ever gave. Sorry. I will get back to that story later. Promise. This article does relate to advice in a way - just not mine. This article is really about choices, consequences
Read More »L. Micha Ordway, Jr.
April 27, 2016
Micha Ordway is a guest contributor on the Fleet Feet Monthly Blog.Click here to check out his current contribution.
Read More »Natalie P. Hempson-Elliott, Joshua S. Werbeck
April 26, 2016
Governor Cuomo signed legislation on April 13, 2016 enacting two significant changes to the NY School Tax Relief ("STAR") exemption program. The STAR program provides homeowners a reduction in real property school taxes. Historically, the STAR exemption was shown on and immediately reduced homeowners’ school tax bills. The first change transforms the STAR exemption into a
Read More »Joshua S. Werbeck
April 20, 2016
Governor Cuomo signed legislation on April 4, 2016, enacting a 12-week paid family leave law for employees in New York (the "Paid Family Leave Law"). The Paid Family Leave Law will phase in over four years beginning in 2018 and will require employers to allow eligible employees up to 12 weeks of paid time off
Read More »L. Micha Ordway, Jr.
April 14, 2016
Micha Ordway is now a guest contributor on the Fleet Feet Monthly Blog.Click here to check out his current contribution.
Read More »Julia J. Martin, Philip S. Bousquet
March 11, 2016
On March 9, 2016, the New York State Department of Environmental Conservation (DEC) issued revised proposed regulations defining terms relating to the Brownfield Cleanup Program (BCP) tax credits for sites located in New York City. The revisions modify proposed regulations issued last June and discussed in our prior alert. The revised proposed regulations apparently reflect the DEC's
Read More »L. Micha Ordway, Jr.
January 27, 2016
Cycling saved my life. Really. It did. Many of us can make connections between events that we attribute to saving our lives. So many stories of how "exercise saved me." All those stories are true in a way. This story is different. Really it is. Or, perhaps it is the same. You decide. I was
Read More »Ryan S. Suser, Steve Paquette
No divorce, child support, or custody matter, is simple. And with the New Year, there are a number of changes taking effect that could make things even more complicated. Over the fall, the Domestic Relations Law was amended considerably. These changes are taking effect on January 23, 2016. Among the changes: for the first time, there
Read More »John L. Valentino
January 06, 2016
L. Micha Ordway, Jr.
January 06, 2016
Everybody knows that Greg LeMond was the first American to win a Tour de France. 1986. It was epic. Before LeMond, an American could not win a Tour. But he did. He showed them all. LeMond. The first American. Right? Sorry, but this is wrong! The first American to win a Tour de France was
Read More »John L. Valentino
December 15, 2015
New York Governor Andrew Cuomo has signed into law several bills that expand protections against gender discrimination, sexual harassment, and domestic violence. This comprehensive legislation amended several New York laws that directly impact New York employers. A summary of the recent changes and how it affects employers is provided below. 1. The remedies available to
Read More »L. Micha Ordway, Jr.
December 14, 2015
Recently I picked up on a story about bicyclist who recently won a negligence suit against a runner for injuries sustained in a collision between them. The accident occurred three years ago in Virginia. A jury awarded the bicyclist $300,000 in damages plus $55,000 of interest after determining that the runner was at fault. The
Read More »L. Micha Ordway, Jr.
September 09, 2015
In my last post, I explained the genesis of my interest in bicycling and covered some of the unique ways in which New York law treats bicyclists. To be honest, I understated the scope of my passion for bicycling. In addition to watching just about every major pro tour race that I can find, I
Read More »L. Micha Ordway, Jr.
August 25, 2015
Earlier this month, the United States District Court for the Northern District of California issued a decision in a case that involved an injured bicyclist. You might wonder what a run of the mill bicycling accident case is doing in federal court? Simple negligence case, right? Had to be a diversity case, right? There can't be federal
Read More »L. Micha Ordway, Jr.
August 12, 2015
I have been a rabid cycling fan since I raced for my high school team in the 1980's. Yes, I do spend weeks each year watching all three grand tours on television. As a passionate cyclist and self-proclaimed fitness nut, I am happy to see that bicycle usage has increased significantly in the United States over the
Read More »Julia J. Martin, Philip S. Bousquet
June 10, 2015
On June 9, 2015, the New York State Department of Environmental Conservation (DEC) released proposed regulations that define certain terms for purposes of the Brownfield Cleanup Program (BCP). These regulations are significant for sites located in New York City and for sites that are applying or have applied to the BCP but have not yet
Read More »Steve Paquette
Starting a new life often means making changes to important planning documents. What made sense for a couple fully invested in a marriage may not make sense during the divorcing process, or after the divorce is finalized. In litigated matters, Restraining Orders may prevent some changes during the process, but others are allowed. After divorce, you are
Read More »Julia J. Martin, Philip S. Bousquet, Paul M. Predmore
April 23, 2015
A New York appellate court affirmed the state tax department's position that environmental testing and monitoring services are subject to sales tax. The dispute involved payments made by Exxon Mobil to contractors between 2000 and 2004 for testing and monitoring on properties affected by petroleum spills. The Tax Law distinguishes between services related to maintaining,
Read More »Julia J. Martin, Philip S. Bousquet
April 14, 2015
New York State Governor Andrew Cuomo and the New York State Legislature have agreed to extend and modify the financial incentives under New York's Brownfield Cleanup Program (BCP) as part of the 2015-2016 State budget, which was signed into law on April 13, 2015. Important program changes to the BCP are also included in the
Read More »Julia J. Martin, Philip S. Bousquet
April 02, 2015
Paul M. Predmore
February 02, 2015
When a tax problem arises it is not uncommon to become overwhelmed and sometimes even paralyzed by the situation. No doubt, much of the anxiety is due to the uncertainty of whether the problem can be solved and how to go about doing so. Over the past few years there has been a proliferation of
Read More »Julia J. Martin, Philip S. Bousquet
January 26, 2015
On Wednesday, January 21, Governor Andrew Cuomo released his proposed executive budget for the 2015-16 fiscal year. As anticipated, the budget bill addresses the Brownfield Cleanup Program (BCP) tax credits in detail. The BCP credits are scheduled to sunset for sites that do not receive a certificate of completion (CoC) from the NYS Department of
Read More »January 08, 2015
Julia J. Martin, Philip S. Bousquet
December 31, 2014
On December 29, Governor Andrew Cuomo vetoed a bill that would have extended the deadline until March 31, 2017 for sites in the New York State Brownfield Cleanup Program (BCP) to receive a certificate of completion in order to retain eligibility for state tax credits. The extender bill passed the Legislature in June. Click here to
Read More »Sharon A. McAuliffe
December 29, 2014
December 10, 2014
October 08, 2014
Julia J. Martin
September 10, 2014
As printed in The Central New York Business Journal - September 5, 2014 In June of 2013, Section 3 of the Defense of Marriage Act (DOMA) was ruled unconstitutional by the Supreme Court of the United States in United States v. Windsor. In particular, Section 3 of DOMA defined marriage for the purposes of federal
Read More »Paul M. Predmore
July 12, 2014
As of July 1, 2014, the IRS has substantially revised its streamline procedure for reporting foreign assets and now this option is available to U.S. taxpayers residing in the United States regardless of the amount of tax due once in the process. This new streamline procedure is intended to encourage more U.S. taxpayers to voluntarily
Read More »Aidan Mitchell-Eaton, Julia J. Martin, Sharon A. McAuliffe, Virginia A. Hoveman, Laurence G. Bousquet, David A. Holstein, Emilee K. Lawson Hatch, Christine Woodcock Dettor
June 24, 2014
Effective April 1, 2014, New York's rules have changed for estate and gift tax. We have summarized the changes and their potential impact on your estate plan. Click on the document link above to review our full report.
Read More »Julia J. Martin, Philip S. Bousquet
June 23, 2014
Both Houses of the New York State Legislature have passed a bill providing for a 15-month extension of the sunset date for tax credits available under the New York Brownfield Cleanup Program (BCP). Under current law, the BCP tax credits are only available to taxpayers who complete their site remediation activities and receive a Certificate of
Read More »Joshua S. Werbeck
June 04, 2014
L. Micha Ordway, Jr.
June 03, 2014
Joshua S. Werbeck, John L. Valentino
May 16, 2014
Steve Paquette
Steve Paquette
Emilee K. Lawson Hatch
April 23, 2014
David A. Holstein
April 23, 2014
Steve Paquette
Contemplating separation or divorce from a spouse and imagining the next phase of one's life can seem overwhelming. Steve has listed for you some of the key areas that will need to be addressed, in order to provide some clarity, education and the frame work for a "game plan" as you move forward with the
Read More »Julia J. Martin
April 10, 2014
Philip S. Bousquet
April 10, 2014
April 10, 2014
John L. Valentino
April 10, 2014
Christine Woodcock Dettor
April 10, 2014
Philip S. Bousquet
April 10, 2014
Philip S. Bousquet
April 10, 2014
Julia J. Martin
April 10, 2014
Philip S. Bousquet
April 10, 2014
Christine Woodcock Dettor
April 10, 2014
John L. Valentino
April 10, 2014
Joshua S. Werbeck
April 01, 2014
Philip S. Bousquet
March 01, 2014
Sharon A. McAuliffe, John L. Valentino
February 26, 2014
The Obama Administration has provided welcome transition relief to mid-sized employers (those with 50 or more full-time employees and full-time equivalent employees ("FTEs") but less than 100 full-time employees, including FTEs, ("Mid-Sized Employers") by delaying the effective date of the "Employer Mandate" required under the Affordable Care Act. Generally, the Employer Mandate requires that most
Read More »February 02, 2014
Philip S. Bousquet
January 01, 2014
Aidan Mitchell-Eaton, Christine Woodcock Dettor
January 01, 2014
Virginia A. Hoveman
December 12, 2013
Virginia A. Hoveman
December 12, 2013
Joshua S. Werbeck
December 01, 2013
Julia J. Martin
September 16, 2013
Julia J. Martin
September 16, 2013
Julia J. Martin
September 16, 2013
September 14, 2013
John L. Valentino
August 22, 2013
Paul M. Predmore
July 12, 2013
Sharon A. McAuliffe
June 19, 2013
June 17, 2013
May 15, 2013
Sharon A. McAuliffe
April 11, 2013
Sharon A. McAuliffe
February 19, 2013
December 10, 2012
September 01, 2012
September 01, 2012
Joshua S. Werbeck
August 16, 2012
August 09, 2012
August 09, 2012
John L. Valentino
May 18, 2012
August 13, 2010
Philip S. Bousquet
March 15, 2006
John L. Valentino
October 07, 2005
