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Hiscock & Barclay, LLP Document Search Results (72) Show: results per page Sort by:  | The “Employment Based Fifth Preference” Immigrant Investor Visa
Gretchen P. Aylward, Eric W. Schultz; Hiscock & Barclay, LLP;
Legal Alert/Article May 18, 2012 The “EB-5” visa, as it is commonly called, is an interesting option for non-citizens to apply for lawful residence in the U.S. without family or an existing offer of employment. It is also becoming a more regularly-used option for business enterprises seeking capitalization for various...
| | Consultation with Another Physician Does Not Bar Continuous Treatment Doctrine
Hiscock Barclay LLP;
Legal Alert/Article May 11, 2012 The Second Department recently held that a plaintiff’s consultation with another physician does not necessarily mean that the plaintiff lost his or her continuing trust and confidence in the defendant physician. As a result, such a consultation does not preclude a plaintiff from availing him...
| | NYS Department of Health Issues Application for Assisted Living Program Beds
David P. Glasel, Melissa M. Zambri; Hiscock & Barclay, LLP;
Legal Alert/Article May 8, 2012 The New York State Department of Health (DOH) has issued an application, referred to as an “Opportunity for Development” (OFD), whereby it can approve up to 4,718 new Assisted Living Program (ALP) beds by March 31, 2014. Applications are due by July 18, 2012. This round of ALP...
| | Hydraulic Fracturing Update
Thomas F. Walsh; Hiscock & Barclay, LLP;
Legal Alert/Article May 4, 2012 Recent developments in Pennsylvania, West Virginia and New York illustrate the continuing obstacles to hydraulic fracturing ("hydrofracking') efforts in those states, as well as the different types of land use controls pursued at local and state levels to restrict or promote hydrofracking.
| | Plan Fiduciaries Liable for Permitting Excessive 401(k) Fees
Raymond N. McCabe; Hiscock & Barclay, LLP;
Legal Alert/Article May 4, 2012 A Federal district court has held that fiduciaries of two 401(k) plans breached their fiduciary duties to participants by allowing the plans to pay excessive recordkeeping fees. Tussey v. ABB, Inc. et al. 2012 WL 1113291 (W.D. Mo. 2012). The decision illustrates how complex recordkeeping,...
| | Telecommunications Act of 1996 Struggles to Keep Up with Technology
Jeffrey W. Davis; Hiscock & Barclay, LLP;
Legal Alert/Article April 30, 2012 The Telecommunications Act of 1996 (“the Act”) overhauled federal regulation of telecommunication companies in order to “provide for a pro-competitive, deregulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications...
| | CROWDFUNDING: Coming To a Startup near You?
Christopher J. Bonner; Hiscock & Barclay, LLP;
Legal Alert/Article April 25, 2012 The Jumpstart Our Business Startups (or JOBS) Act, signed into law by President Obama on April 5, 2012, aims to reduce securities law paperwork encountered by start-ups and early-stage companies that need investment capital to grow.
| | New Federal Rules Regarding Use of Handheld Mobile Telephones by Drivers of Commercial Motor Vehicles
Richard J. Day; Hiscock & Barclay, LLP;
Legal Alert/Article April 23, 2012 The Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration (both part of the United States Department of Transportation) adopted regulations applicable to the use of mobile telephones by drivers of “Commercial Motor Vehicles” (CMV),...
| | New SEQRA Environmental Assessment Form Assesses Global Warming Impacts
Thomas F. Walsh; Hiscock & Barclay, LLP;
Legal Alert/Article April 23, 2012 New York is committed to mitigating the State’s contribution to global warming. Consideration of greenhouse gas (“GHG”) emission impacts, therefore, is being required by the New York State Department of Environmental Conservation (“NYSDEC”) in the newly available short...
| | Anticipate Litigation? Better Saved Than Sanctioned: When to Preserve Electronically Stored Information - Federal Courts' Zubulake Standard Adopted in New York
Hiscock Barclay LLP;
Legal Alert/Article April 13, 2012 On January 31, 2012, in Voom HD Holdings v. EchoStar Satellite LLC, New York’s Appellate Division, First Department, adopted the standard for preserving electronically stored information (“ESI”) initially set out in Zubulake, a federal court decision requiring potential litigants...
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