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Home > News & Events News & EventsBinghamton, NY, July 1, 2010 Texting and the Fourth Amendment The Supreme Court’s recent decision in City of Ontario v. Quon is a reminder to all municipalities to implement a usage policy before distributing phones, pagers and other personal electronic devices to municipal employees. And while the policy should make clear that employees have no reasonable expectation of privacy when using such devices, municipalities must still ensure that any audit of the devices is justified by a reasonable work-related concern. In Quon, the City of Ontario, California provided its police officers with pagers able to send and receive text messages. The City also required employees to sign a statement acknowledging receipt of a privacy policy, which reserved the City’s right to monitor pager use. Additionally, each pager had a monthly text message limit. When officer Quon exceeded his monthly limit, he paid the overcharges believing that his messages would not be audited. The police chief, however, did audit his messages to determine why officers were exceeding their monthly limits. When the audit revealed that many of Quon’s messages were not work related, and some were sexually explicit, Quon was disciplined. Quon then brought an action for violation of his privacy rights under the Fourth Amendment. The Supreme Court unanimously rejected his claim. The Court found that the City had a legitimate interest in ensuring that employees were not being forced to pay for work related expenses, and that the search was not excessively intrusive in light of that justification. While this case did not squarely address the issue of whether public employees necessarily have a reasonable right to privacy when using personal electronic devices, it is an important reminder to implement a usage policy and support any investigation with legitimate work-related concerns. Binghamton, NY, June 29, 2010 POLICE & FIRE SEMINAR SCHEDULED The Labor & Employment Practice Group Coughlin & Gerhart, L.L.P., will be hosting the 5th Annual Police and Fire Seminar with Golf Tournament on Monday, August 2, 2010, at the Vestal Hills Country Club on Webb Road in Binghamton. Topics covered will include General Municipal Law 207-a and 207-c, along with other labor topics. The seminar will be followed by the Police and Fire Golf Tournament. Registration is from 7:45 to 8:30 a.m. with a continental breakfast. The seminar begins at 8:30 a.m., with a light lunch from 11:30 to 12:30 p.m. The tournament has a shotgun start at 12:30 p.m., with dinner to follow. If you are interested in attending, please contact Susan Kelech at (607) 723-9511 or via email at skelech@cglawoffices.com. Binghamton, NY, June 23, 2010 Local Lawyers Take Over Top Bar Association Positions by Kevin Tampone Several area attorneys took on new leadership positions with the New York State Bar Association in June. Thomas Myers of Syracuse–based Bond, Schoeneck & King, PLLC and Mark Gorgos of Coughlin & Gerhart, LLP in Binghamton are both now members of the association’s executive committee. Myers is vice president for the 5th Judicial District and Gorgos is vice president for the 6th Judicial District. Gorgos says the economy is certainly a concern for the bar association. Like every industry, the legal profession lost jobs during the recession. That’s also making it much harder for recent graduates to find jobs. And, Gorgos says, those graduates are leaving school saddled with more and more debt. “It’s putting a severe strain on them,” he says. The association is also always looking to improve how it communicates with members on changes in the law. The constant flood of new regulations, decisions, and rules is difficult for any attorney to keep abreast of, Gorgos says. “There’s so many changes every day,” he says. “It’s so difficult for practitioners to keep up with that.” The bar association will also continue to work on pro-bono issues, Myers says. Increasing the amount of legal representation available to low-income individuals has been a priority of the association for years. Recently the state’s chief judge appointed a task force with an eye toward obtaining more funding for legal aid in civil matters, Myers says. “It’s a huge unmet need and we all know it,” he says. In addition to Gorgos and Myers, Central New York attorneys are taking over as chairs of two bar association sections. Barry Kogut of Bond, Schoeneck & King is the new chairman of the association’s 1,100-member Environmental Law Section. Mairead Connor of the Law Offices of Mairead E. Connor, PLLC, based in Syracuse, is chairwoman of the Labor and Employment Section, which has more than 2,300 members. All four attorneys took office in early June. This year just happens to be the Environmental Law Section 30th anniversary and the 40th anniversary of the state Department of Environmental Conservation. In honor of both anniversaries, the two groups are planning a series of seminars throughout the state that will explore various issues in environmental law, Kogut says. The section has never done anything like this before, but the milestones offered a good opportunity to highlight some of the major issues of recent years, Kogut says. The events should also help section members network and build more connections. The sessions will explore topics including the Onondaga Lake cleanup, landfill practices, wind energy, development in the Adirondack Park, and more. All the sessions will help highlight the balancing act between preserving the environment and economic development, Kogut says. “It’s something that we have to move forward on and I think folks get it, but it’s always becoming more and more difficult in terms of maintaining that balance,” he says. The sessions will also highlight the fact that many of the “easy” environmental problems have been solved, Kogut says. What remains are far more challenging issues like climate change. Binghamton, NY, June 23, 2010 COUGHLIN & GERHART, L.L.P. DEDICATES RENOVATED AFTON OFFICE Coughlin & Gerhart, L.L.P. held an Open House on Thursday, July 10 to celebrate the recent renovation of their office in Afton, New York. The event, which took place from 4 p.m. to 7 p.m., was hosted by Attorneys David H. Guy, Esq., Beth E. Westfall, Esq., Meiying Z. Austin, Esq., and the Partners of Coughlin & Gerhart, L.L.P. The approximately 100 guests in attendance were treated to light refreshments as well as a tour of the renovated offices. Guests were also given the opportunity to meet and talk with David Guy, who is currently running for the position of Broome County Surrogate Court Judge. He currently manages the Afton office, which holds the distinction of having previously been managed by Mr. Guy’s father, Loren W. Guy, Esq. Serving the Southern Tier since the 1890’s, Coughlin & Gerhart, L.L.P. is a multi-service law firm consisting of more than 40 lawyers and a professional support staff. Coughlin & Gerhart, L.L.P. has its main office at 19 Chenango Street in Binghamton, New York with branch offices in Ithaca, Owego, Afton, Deposit, Hancock and Unadilla. Pictured: (L-R. Coughlin & Gerhart, L.L.P. Managing Partner Mark Gorgos, Esq., David H. Guy, Esq., Beth E. Westfall, Esq., and Meiying Z. Austin, Esq.) Binghamton, NY, June 21, 2010 I WANT TO SELL MY PROPERTY BUT I'M NOT SURE WHERE TO START Once you have made the decision to sell your property, the next decision you must make is to decide whether you want to involve a realtor in the process. A realtor will help you market your property. This marketing often is a blend of advertisements, online listings, and open houses. Typically a realtor gets paid a commission once your property has sold. The typical commission arrangement is a certain percentage of the sales price. While it is common to use a realtor it is not a legal requirement and some people do not use one. However, if you decide you do want to use a realtor, you should contact them and ask to review their listing agreement. Once a willing buyer has been located to purchase your property, the next step is to sign a contract. You should seek the advice of your attorney or your realtor and an attorney for the contract. Most realtors in our area use a standard contract approved by the Broome County Board of Realtors. Either prior to entering into the contract, or immediately after if there is a clause that allows your attorney to review the contract and make changes, you will want to met with an attorney to make sure the contract meets your particular needs. No two real estate transactions are alike. Each transaction has its own nuances and you will want to discuss your unique situation with your attorney early on. For instance, are the rosebushes your grandmother gave you when you bought the house going with you? Or are you retaining mineral rights? Have you agreed to finance the buyer's purchase? Or are you going to give the buyer a credit to fix the roof? All the details of a transaction should be in the contract. At the time of contract you will also need to fill out a Real Property Disclosure Statement and Lead Based Paint Disclosure Statement and provide these to the buyers. Again, you want to include your attorney in the contract process as soon as possible. Usually there is a lull for the seller immediately after the contract is signed while the buyers arrange for financing, conduct various optional inspections and sometimes have a survey done of the property. Once you are under contract, you will want to find your Abstract of Title to give to your attorney, along with any surveys you may have and your most recent real property tax bills. Usual expenses associated with selling your home include realtor commissions, legal fees, abstracting costs, transfer tax, and some minor expenses associated with filing paperwork with the County Clerk. Also, depending upon the time of year of your closing and more specifically whether your real property tax is due or paid will determine whether you get a credit for taxes paid, or a credit goes to the buyer for taxes unpaid. All the costs of a transaction should be put on a statement of sale for you to see. Should you be thinking about selling your home or have a contract already underway and need an attorney to help you through the process, please contact Robert J. Madigan, Jr., chair of the real estate department at Coughlin and Gerhart L.L.P. at (607) 723-9511. Binghamton, NY, June 17, 2010 KATELYN R. DUMONT JOINS COUGHLIN & GERHART, L.L.P.
Ms. Dumont is a member of the New York State, Broome County, and American Bar Associations. She serves on the United Way of Broome County Allocations Panel. Binghamton, NY, June 9, 2010 IS YOUR BUSINESS SUBJECT TO NYC TAX? Many businesses and corporations are not aware that by doing business in New York City, they could incur and be subject to extra taxation by virtue of that activity downstate. New York City and the surrounding areas have taxes in addition to New York State income and federal taxation for residents and businesses. This taxation can be triggered by merely doing business in that area. For example, there is a General Corporation Tax that is charged to corporations that have business activities, own or rent property or maintain offices in New York City. There is also a hefty Sales and Use tax that is triggered by the sale of personal property and certain services in New York City. Tax liability can be determined by your accountant but when forming a business that is going to have intermittent or regular activity downstate, this potential taxation is an important consideration when assessing the cost of doing business. In light of the economic downturn of the past couple of years and with the troubles on Wall Street, New York State has modified its Business Corporation Law and Not-For-Profit Corporation Law. The changes provide that a corporation that has done business in the City of New York triggering tax liability must obtain clearance from the New York City Commissioner of Finance. Written consent from the Commissioner must be included with the Certificate of Dissolution filed with the New York State Department of State. For more information about this taxation or for questions or help with forming or dissolving a business, contact Angel M. Aton, Esq., member of the Business and Banking Group at Coughlin & Gerhart L.L.P. BUYERS AND LENDERS BEWARE: THE IMPACT OF OIL AND GAS LEASING ON BUSINESS AND BANKING Over the past few years, our region has been the center of debate involving oil and gas leasing and its potential impact on the environment versus the financial gain and revenue of landowners and the State. However, until recently the discussion regarding what it meant for purchasers and lenders was a topic left for another day. Now that there are more parcels encumbered by leases the impact is being felt by buyers and lenders alike. One of the first questions asked by buyers in a purchase is whether or not there is an oil and gas lease impacting the parcel. There are a few reasons that this question is important, including (1) whether there is a potential for drilling near the home or business being purchased, (2) whether or not there is the possibility of future revenue for the buyer by entering into an oil and gas lease once the purchase is complete, and (3) whether or not the buyer can finance the purchase. This third concern is something that has added to the need for heightened due diligence in commercial real estate and lending transactions. Many lenders are hesitant to lend money where there is an existing oil and gas lease mainly because the future impact is uncertain. However, as leasing becomes more common and impending drilling is seemingly certain, the question is not whether or not to lend but what does a lender need in order to lend? Understanding how a parcel fits into this discussion is paramount when balancing the risk of lending on an encumbered parcel. This same due diligence needs to be done by purchasers, particularly purchasers involving large parcels or commercial properties where the impact can mean big dollars and the risk of loss of use of the land for the intended purpose is large. It is important that this due diligence be done prior to purchase because once the parcel is owned, the hurdles an owner must go through to undo an existing lease can be onerous, if the lease can be undone at all. The time for both lenders and purchasers alike to investigate the impact is prior to entering into a contract so the terms can be negotiated and incorporated into the transaction while the bargaining power is still theirs. Please contact Angel M. Aton, Esq., member of the Business and Banking Group at Coughlin & Gerhart L.L.P. to discuss how we can help you with your commercial real estate, small business and lending needs. Binghamton, NY, June 7, 2010 FIRE INSPECTION FOUND UNCONSTITUTIONAL In the wake of a recent decision by the Broome County Court in The People of the State of New York v. Knecht, Index No. N-2591 (April 15, 2010), municipalities are advised to review the procedures by which they conduct annual fire inspections of local businesses. At a minimum, municipalities should: (1) create an inventory of all businesses in the municipality operating within a “highly regulated industry” (2) be prepared to obtain search warrants for any fire inspection of a businesses that will not voluntarily consent to an annual inspection and that is not within a “highly regulated industry” and (3) review local ordinances relating to fire inspections to ensure that they are consistent with Knecht. In Knecht, the Village of Endicott Fire Department sought to conduct an annual fire inspection of ANC Heating & Air Conditioning, a local business which sells fully operational heating systems, including those fueled by gas and wood. The owner refused entry to the business without a warrant and the Village subsequently charged him with violating an ordinance requiring such inspections. Although the defendant was found guilty after a jury trial, that verdict was overturned by the County Court. The County Court held that the business owner was within his Fourth Amendment rights against illegal searches when he denied the firefighter entry without a search warrant. Because the Village was unable to prove that the owner’s business was “highly regulated,” it could not conduct the warrantless search. Therefore, unless a municipality is conducting an annual fire inspection of a business within a “highly regulated industry”, if the company will not consent to the annual inspection (which most reasonable companies will) the municipality should be prepared to obtain a search warrant before conducting such inspection. Generally, a “highly regulated industry” is one that has a history of government oversight such that no reasonable expectation of privacy could exist. Examples may include the firearms industry, the liquor industry and the vehicle dismantlers and junkyard industry. Note: It is possible that the Knecht decision will be appealed. We will continue to monitor the case. Binghamton, NY, May 28, 2010 LEASE AGREEMENTS WITH OIL & GAS COMPANIES While many of you may be seeking legal advice to discuss entering into lease agreements with oil and gas companies, some of you may instead want to be released from a lease that has already expired. Either way we’re here to help. Binghamton, NY, May 6, 2010 WHAT'S THIS I HEAR ABOUT A TAX CREDIT? The Worker, Homeownership and Business Assistance Act of 2009 extended a tax credit for qualified first time home buyers purchasing a principal residence into 2010. The tax credit is equal up to ten percent (10%) of the home’s purchase price up to a maximum of $8,000. The tax credit applies to home purchases on or after January 1, 2009 and on or before April 30, 2010. However, in cases where there is a binding sales contract executed by April 30, 2010, a home purchase completed by June 30, 2010 will qualify. The IRS defines a first time home buyer as someone who has not owned a principal residence during the three-year period prior to the purchase. Should a couple be married, this test would apply equally to both spouses. The credit will not need to be repaid as long as the home is used as a principal residence for three years following the purchase. There is also a Repeat Home Buyer Tax Credit available for non first time home buyers. This credit is available to those buyers who have owned and lived in their previous home for five consecutive years out of the last eight years. This credit is equal up to ten percent (10%) of the home’s purchase price up to a maximum of $6,500. Similarly, the tax credit applies to home purchases on or after January 1, 2009 and on or before April 30, 2010. However, in cases where there is a binding sales contract executed by April 30, 2010, a home purchase completed by June 30, 2010 will also qualify. If a taxpayer is looking to take advantage of this credit, they should keep a copy of the HUD-1 (the bank’s statement of sale) available to include with their taxes. Form 4505 will need to be included with the return. If there is no HUD-1 form available, at a minimum, the taxpayer should sign the statement of sale to include with their taxes. Should a buyer have any questions regarding this Tax Credit or any other questions relating to a real estate transaction, they should contact Robert J. Madigan, Jr., Esq., chair of the Real Estate Practice Group at Coughlin & Gerhart L.L.P., at (607) 723-9511 or rmadigan@cglawoffices.com. Binghamton, NY, May 6, 2010 NEW YORK ATTORNEY GENERAL ANNOUNCES A CHARITIES REGISTRATION AMNESTY PROGRAM Binghamton, NY, May 5, 2010 COUGHLIN & GERHART ATTORNEY RECOGNIZED BAR ASSOCIATION AWARD
The Theodore Sommer Award is granted to a member of the BCBA who has consistently exhibited ability, integrity and dedicated advocacy on behalf of his or her clients. The recipient is recognized as exemplifying the highest ideals of the legal profession. Mr. Long was a Partner in Coughlin & Gerhart from 1961 to 2001, and is currently Of Counsel. He headed the firm's Litigation Department for 26 years and has concentrated for over 52 years in civil litigation at the trial level. Binghamton, NY, May 5, 2010 COUGHLIN & GERHART PARTNER RECEIVES COMMUNITY SERVICE AWARD
Carl has a long history of dedicated community leadership, which includes pro bono legal service, past President of the Southern Tier Zoological Society, the Samaritan Counseling Center, Southern Tier Celebrates! and First Night Binghamton Boards as well as service on various church boards . Mr. Kieper joined Coughlin & Gerhart, L.L.P. in 1984 and is a Partner in the firm. He is Chair of the firm's Public Law Practice Group, which provides representation to school districts, towns, villages, counties, emergency medical services, and fire districts. Binghamton, NY, May 3, 2010 COUGHLIN & GERHART PARTNER NAMED TO BAR ASSOCIATION EXECUTIVE COMMITTEE Joseph J. Steflik, Jr., Esq., a partner in the law firm of Coughlin & Gerhart, L.L.P., and Chair of its Labor and Employment Law Practice Group, has been named to the Executive Committee of the New York State Bar Association’s Dispute Resolution Section. The Section recognizes the critical importance of negotiation, collaboration, mediation, neutral evaluation, arbitration and new and hybrid forms of dispute resolution in all areas of legal practice. It is a forum for improving these processes and the understanding of dispute resolution alternatives, for enhancing the proficiency of practitioners and neutrals and increasing the knowledge and availability of party-selected solutions. Binghamton, NY, April 28, 2010 THE GOOD NEWS: NO FEDERAL ESTATE TAX IF YOU DIE IN 2010 And the NOT SO GOOD NEWS: You may lose some of the step up in basis of assets held by your estate and increasing the capital gains when those assets are sold by your heirs… And will they be able to track what the assets originally cost? And in 2011 the unified credit will return but only to $1,000,000. Will Congress act and return to the $3,500,000 unified credit that was in place in 2009? Many of our clients with assets exceeding $1,000,000 have Wills created years ago that fund a credit-shelter (sometimes called “bypass” trust) in the maximum amount that could be sheltered from a federal estate tax. However, if they die in 2010 under the present law there is no federal estate tax, so the entire estate will go directly to their surviving spouse. While there will be no federal tax on the first death, the surviving spouse’s estate will be increased and that tax could be significant. It’s like that old Fram Oil filter commercial: “If we don’t get you now, we will get you later.” The Estates and Trust Practice Group of Coughlin & Gerhart, LLP stand ready to assist you in reviewing your estate planning wishes and how best to reduce the estate and capital gains tax impacts on your assets if you die in 2010 or (hopefully) in later years. Binghamton, NY, April 19, 2010 MINORITY AND WOMEN'S BUSINESS ENTERPRISE PROGRAM AND CERTIFICATION The Minority and Women's Business Enterprise ("MWBE") program and certification are designed to assist the growth and development of businesses owned and controlled by women and minorities. An important activity of the program is to increase the participation of those businesses in New York State procurement opportunities. Such businesses can seek certification through the New York Division of Minority and Women-Owned Business Development ("DMWBD"). The DMWBD's functions are to encourage and assist state agencies that are engaged in contracting activities to award a fair share of state contracts to MWBEs, to review applications by businesses seeking certification as an MWBE, to maintain a directory of certified MWBEs, and to promote the business development of MWBEs through education and outreach to agencies and MWBEs. The DMWBD has a database of certified companies, and includes information on contract opportunities available to MWBE's. There are certain requirements for certification, including that the business must be owned, operated and controlled by a minority group and/or women, have had business operations for at least a year (with certain exceptions for less time), and the business must either be a New York entity, or qualified to be business in New York. If your business would like more information on the MWBE certification process and benefits, contact Jeffrey M. Jacobs, Esq., Chair of the Business and Banking Group at Coughlin & Gerhart, L.L.P.. Binghamton, NY, April 12, 2010
Binghamton, NY, April 6, 2010 NEW FAMILY HEALTH CARE DECISIONS ACT IIn New York State, a person may sign a health care proxy, which appoints an agent to make health care decisions for that person if he or she lacks the capacity to do so. Even though health care proxies are widely available, many people have not signed one. Without a health care proxy or some other clear and convincing evidence of a person’s wishes, health care providers cannot withdraw or withhold treatment from a person who has lost the capacity to make health care decisions. A new law called the Family Health Care Decisions Act (FHCDA) takes effect on June 1, 2010 and establishes a decision-making process through the selection of a surrogate for patients who lack capacity to make health care decisions and have not otherwise appointed an agent to do so. The new law applies to hospital or nursing home patients. Under the FHCDA, the attending physician makes an initial determination of whether a patient lacks the capacity to make his or her own health care decisions. Once that determination is made, a surrogate decision-maker is selected from a priority list, including the patient’s legal guardian, spouse, domestic partner, adult child, parent, sibling or close friend. The FHCDA contains safeguards, such as procedures to object to the attending physician’s initial determination or the selection of a particular surrogate, by referral to an ethics review committee. The new FHCDA will assist families when a patient has not designated an agent in a health care proxy. It will also assist health care providers in those instances where a patient has not provided clear and convincing evidence of his or her wishes. Even with the FHCDA, we encourage our clients to consider a health care proxy, to select their health care agent in advance. Health care proxies are available from each county’s Office for the Aging, as well as on the New York State Department of Health website: http://www.health.state.ny.us (click on “Forms”). Our firm offers health care proxies to our clients as part of their estate planning documents. We invite you to contact us to discuss a health care proxy, along with your other estate planning matters. Binghamton, NY, April 5, 2010 CONGRESS PASSES HEALTH CARE REFORM BILL While it is too early to comment on the full impact of the health care plan passed this past weekend by Congress, it’s sure to have a major impact on employers and employees alike in both the public and private employment arenas. We will be doing a full analysis of the new law. Look here for future updates on the impact of specific provisions of the new law in the coming weeks. WORKPLACE DISCRIMINATION SUITS AT NEAR RECORD LEVELS In fiscal year 2009, employers saw the second highest number suits on record for workplace discrimination. The most common grounds for these suits were allegations of racial discrimination, retaliation and sexual discrimination. Also growing in numbers are discrimination claims based upon disability, religion, national origin, and age bias. Several steps should be taken to ward off claims and provide ready defenses when claims are filed. Make sure polices concerning reductions-in-force are carefully reviewed to avoid vulnerability to bias claims. Audit your compensation policies and practices to ensure compliance with the 2009 Lilly Ledbetter Fair Pay Act. Review and, if necessary, revise your process for determining when an employee who notifies you of a “disability” may be entitled to a “reasonable accommodation.” WORKERS’ COMPENSATION LAW 15-8 CLAIM DEADLINE JULY 1, 2010 As part of the closure of the Special Fund for pre-existing injuries (Section 15-8) all evidence regarding claims for 15-8 relief must be submitted by July 1, 2010. 15-8 relief is available only on claims for injuries prior to March 13, 2007. However, even for injuries prior to March 13, 2010, all evidence to be used in support of the claim for 15-8 relief must be submitted by July 1, 2010. This includes submission of medical records regarding the prior injury or condition, as well as any opinion regarding the material and substantial nature of the prior permanent impairment from an Independent Medical Examiner. We strongly recommend that you coordinate claims for 15-8 relief with your Workers’ Compensation carrier or Third-Party Administrator. LABOR LAW REQUIRES WRITTEN NOTIFICATION ON RATE OF PAY INCLUDING OVERTIME Effective for all employees hired after October 26, 2009, NYS Labor Law now requires that employers provide new hires with written notice of their rate of pay and the employer’s regular pay days. Additionally, employees eligible for overtime must be notified of their regular hourly rate and their overtime rate of pay. Employers are required to get a written acknowledgment of receipt of such notice from each new employee. COMMISSION, ONCE EARNED, CANNOT BE FORFIETED, EVEN IF THE EMOPLOYEE IS NO LONGER EMPLOYED WHEN THE COMMISSION IS PAYABLE In drafting commission agreements as required by Labor Law §191(c), employers must clearly define when a commission is considered earned. Once a commission is “earned” it cannot be forfeited, even if the employee is no longer employed when the commission becomes payable. In the case of Arbeeny v. Kennedy Executive Search, (1st Dept., 2010) the Court concluded that an employee had to be paid commission after his employment was terminated despite language in a commission agreement which provided that no commission shall be due if the employee is no longer employed on the date when commission would otherwise be paid. The basis of the Court’s conclusion was that commission agreement provided that commission was earned when placement was “arranged.” Arbeeny does not prevent employers from drafting commission agreements which would prevent the payment of post termination commissions. However, such agreements must be carefully drafted to ensure that commissions only become “earned” while the employee is still employed. Consultation with your legal counsel regarding the drafting of a commission agreement is strongly advised. HUMAN RIGHTS LAW AMENDED TO PROTECT “VICTIMS OF DOMESTIC VIOLENCE A 2009 amendment to the NYS Human Rights Law provided for inclusion of “victims of domestic violence” as a protected class. It is now unlawful for an employer to refuse to hire or discriminate against an individual in compensation or other terms of employment based upon their status as a “victim of domestic violence.” The statute defines a “domestic violence victim” as an individual who is a victim or a family offense under the NY Family Court Act, such as disorderly conduct, harassment, stalking, reckless endangerment, or assault between spouses or former spouses. Binghamton, NY, March 24, 2010 DRIVING WHILE TEXTING? Don't do it. Not only is it against the law in New York State (VTL Section 1225-c), but it is dangerous! According to a recent study, every time a driver dials a call he increases his risk of a car crash by almost 3 times. If you have been seriously injured in an accident because someone was distracted by using his cell phone to make a call or text, call us to discuss your potential case. We have the experience and resources to build a powerful case for you. Binghamton, NY, February 22, 2010 NEW LEGISLATION REQUIRES CARBON MONOXIDE DETECTORS Effective February 22, 2010, carbon monoxide detectors are required to Binghamton, NY, January 11, 2010 PAUL J. SWEENEY SELECTED SENIOR RESERVE JUDGE ADVOCATE IN THE OFFICE OF COUNSEL TO THE COMMANDANT OF THE MARINE CORPS
In this Reserve assignment, he will serve as the Acting Deputy Counsel to the Commandant overseeing more than 80 civilian and military lawyers who provide legal advice and support to the Commandant, his staff and Marine Corps commands in the areas of environmental law, land use, civilian personnel law, procurement and fiscal law and government ethics. He will also serve as the officer-in-charge of the Reserve judge advocates assigned to Counsel to the Commandant, the Staff Judge Advocate to the Commandant, the Legal Counsel to the Chairman of the Joint Chiefs of Staff and the DoD Office of General Counsel. In addition to his Reserve duties, Mr. Sweeney will continue to maintain his full practice in labor and employment law at Coughlin & Gerhart, L.L.P., where he represents public and private employers throughout New York State. Binghamton, NY, December 14, 2009 PAUL J. SWEENEY ELECTED TRUSTEE OF NDNY FEDERAL COURT BAR ASSOCIATION
Mr. Sweeney concentrates in Labor & Employment Law, representing public and private sector employers throughout New York State. Binghamton, NY, December 4, 2009 COUGHLIN & GERHARTS SECOND ANNUAL FESTIVAL OF TREES A GREAT SUCCESS
Coughlin & Gerhart, L.L.P. raised over $10,000 for charity during their second annual “Festival of Trees” event on Friday, December 4, 2009. Occurring during the First Friday activities, members of the public as well as invited guests viewed the seventeen Christmas trees, twelve wreaths and one beautifully decorated garland, displayed in their lobby at the Professional Towers, 19 Chenango Street, before they were auctioned off for charity. The trees, wreaths, and garland were decorated by local businesses and individuals who generously donated both their time and money to this worthy cause. The auction proceeds for the individual trees were donated to charities chosen by the participating businesses: The Wounded Warrior Project, The Boys & Girls Club, Lourdes Breast Care Center, Catholic Charities, Southern Tier Celebrates/Art Mission & Theater, Toys for Tots, Catholic Charities Food Pantry, American Cancer Society, American Red Cross, S.O.S. Shelter, Urban League, Make a Wish Foundation, Broome County Arts Council, Meals on Wheals, Muscular Dystrophy Association, Legal Aid Society of Broome County and Broome County Cooperative Extension were some that benefited from the “Festival of Trees”. After the auction, several of the high bidders chose to donate their trees to other organizations. The “Where We Treat You Like Royalty” tree decorated by Stafkings was donated to the Boys & Girls Club, while M&T Bank’s “Candy Tree” will spend the holidays at the Children’s Home. Chianis & Anderson’s “Biggest Aluminum Tree” will brighten up St. Mark’s Church and Olum’s “Pretty & Purple” tree will bring joy to Good Shepherd Fairview Home, while the residents at Bridgewater enjoy the Gertrude Hawk’s Tree that was decorated with loads of Gertrude Hawk candy. Lastly, the B-Mets tree will bring lots of smiles to the children’s ward at Lourdes Hospital. The support received from local businesses and the community made the event a true success. Coughlin & Gerhart, L.L.P. is looking forward to making the “Festival of Trees” an annual part of Binghamton’s holiday festivities. Binghamton, NY, December 4, 2009 ROBERT H. MCKERTICH JOINS COUGHLIN & GERHART, L.L.P
A graduate of Northeastern University School of Law, Mr. McKertich has practiced law in the Boston, MA area since 2003 in courtroom litigation and he is experienced in practicing before federal, state and local administrative agencies. Mr. McKertich is a member of the Brome County Bar Association and the New York State Bar Association, and is a former member of the Stoneham Conservation Commission and the Watertown Rotary Club. Binghamton, NY, December 4, 2009 FESTIVAL OF TREES & CHARITY AUCTION
Apalachin, NY, July 9, 2009 9th ANNUAL GOLF FOR SCHOLARS TOURNAMENT Coughlin & Gerhart is honored to host its 9th Annual Golf for Scholars golf tournament on Thursday, July 9th, at The Links at Hiawatha in Apalachin, NY. The monies raised at this tournament will be distributed amongst the 16 participating school districts. C&G extends its deep appreciation to the sponsors, who in spite of difficult economic times, have seen fit to make funds available for student scholarships. With the rising cost of tuition and other college expenses, students find it ever more difficult to afford a college education. Yet, we all know how important it is for our students and all of us to have a well educated workforce. Over the past nine years, the C&G tournament has raised over $100,000.00 with the support of the sponsors. For many of the school districts, the tournament donation is the single largest donation received towards scholarship funds. Even better, the only effort required from the districts is their players. Binghamton, NY, June 6, 2009 FLOWERS ARE IN BLOOM AT COUGHLIN & GERHART, L.L.P.
Our kickoff to the Festival of Flowers was attended by many local dignitaries, including Mayor Matt Ryan who proclaimed June 5, 2009 the C&G Festival of Flowers Day. Many TV stations were also filming the event, making it a great marketing opportunity as well. Click here to view the Proclamation and A few pictures are included for your review and more will be added. |
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Coughlin & Gerhart, L.L.P. is pleased to announce that Katelyn R. Dumont, a graduate of Pace University School of Law, has joined the firm and is practicing as an associate in the areas of Litigation, Labor and Employment, and Matrimonial Law.
Coughlin & Gerhart, L.L.P. is proud to announce that 
Coughlin & Gerhart, L.L.P. is proud to announce that 
Joseph J. Steflik, Jr., Esq.
Paul J. Sweeney, Esq.
Update: 
Coughlin & Gerhart, L.L.P. is pleased to announce that 
