• Dec 19, 2014

    By Andrew L. Richards, Esq. and Matthew J. Minero, Esq.
    (December 19, 2014)

    Good news for contractors working on projects owned by the New York City School Construction Authority (the “SCA”). Governor Cuomo has signed into law a bill which makes it significantly easier for contractors to seek payment from the SCA. This law is particularly advantageous to contractors who, during their performance of work at an SCA project, perform additional work which is not within the scope of their contracts with the SCA. In order to be paid for extra work at SCA projects, contractors are required to submit to the SCA for approval change orders which set forth the scope of additional work to be performed and the price of the additional work. If the SCA fails or refuses to pay the monies claimed by the contractor, the contractor is required by Section 1744 of the Public Authorities Law to file a notice of claim with the SCA as a prerequisite to filing a lawsuit against the SCA to recover the funds. The failure by the contractor to timely file a notice of claim precludes it from recovering the monies that are owed.

    Until now, Section 1744(2) of the Public Authorities Law required contractors to file a notice of claim within 90 days after the claim had “accrued”. Courts routinely interpreted this vague term to mean some time prior to the SCA’s rejection of the contractor’s change order. In many cases, courts held that contractor’s claim accrued at the time when: (i) the contractor submitted its change order to the SCA; (ii) or when the contractor had completed the work for which additional payment was sought. Thus, since the SCA often takes a long period of time to make a determination on a change order, contractors’ claims for payment were often becoming time-barred before they even knew they had a claim.

    Fortunately, the recently enacted law brings clarity to the SCA’s notice of claim requirement by amending Section 1744(2) of the Public Authorities Law to provide that a contractor’s time in which to file a notice of claim with the SCA extends until 90 days after the SCA has denied payment for the amount claimed.

  • Dec 15, 2014

    A recent decision by the National Labor Relations Board has eroded employer protections against employee use of company email systems for non-work related purposes. On December 11, 2014, the NLRB held in Purple Communications, Inc. that employee use of company email systems for statutorily protected communications on non-working time must be permitted by employers. This constitutes a complete reversal of precedent by the NLRB and requires all employers to reevaluate their computer use policies for employees.

  • Oct 27, 2014

    FINRA arbitrators have long been permitted to make disciplinary referrals to FINRA’s Member Regulation division at the conclusion of an arbitration hearing. However, FINRA has recently amended Rule 12104 and Rule 13104 of the Customer and Industry Arbitration Codes, respectively, to permit arbitrators to make such a disciplinary referral during the course of an arbitration hearing. An arbitrator may make such a “mid-case” referral when the arbitrator learns of a matter or of conduct from evidence that is presented by the parties during an arbitration hearing, which he or she believes poses a serious threat, either ongoing or imminent, that is likely to harm investors unless immediate action is taken. These amendments to the Codes of Arbitration Procedure go into effect on October 27, 2014 for any FINRA arbitration case that has scheduled hearings on or after that date.


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Dean Herman and Hee Young Lee Join Kaufman Dolowich & Voluck as Partners in Firm’s Los Angeles Office; Senior Counsel and Three Associates Also Join LA Office

(June 3, 2013, Los Angeles, CA) — Kaufman Dolowich & Voluck, LLP (KDV), a leading national law firm, today announced that Dean B. Herman, who has more than 30 years of experience in insurance industry and business litigation, and Hee Young Lee, who has represented insurers and policyholders for more than a decade, have joined the firm as partners in its Los Angeles office. They will be accompanied by Craig D. Aronson as senior counsel and Steven S. Son, Andrew C. Johnson and Mikhaile P. Savary as associates.

Dean Herman defends and advises insurers and professionals on liability, first and third party insurance coverage issues, bad faith, and errors and omissions issues. His experience also includes sophisticated business and commercial litigation in state and federal trial and appellate courts on issues across a broad range of industry sectors and a diversified array of issues, ranging from IP to employment and contract disputes, executive risk exposures,  entertainment, wine industry,  as well as professional liability claims involving lawyers, insurance agents and brokers, real estate agents and brokers, directors and officers, business managers, financial advisors among others. He has also served as an expert witness and consultant and acts as a mediator in complex insurance coverage and other disputes. He comes to Kaufman Dolowich & Voluck from Mendes & Mount where he was a partner in the firm’s Los Angeles office.

Hee Young Lee also joins from Mendes & Mount, where she was a partner and her practice is focused on advising and defending insurers and their insureds in federal and state courts in matters involving intellectual property, environmental, construction defect, agribusiness, privacy, and personal lines claims. She also defends insureds in professional liability claims.

“Dean and Hee Young are preeminent insurance attorneys who will enhance not only our West Coast but our national presence in this field, which has always been a core strength of the firm,” said Ivan J. Dolowich, co-managing partner of KDV.  “This group enhances our practice on the West Coast providing insurance coverage, business litigation, professional liability, labor & employment and financial services for our clients.”

Herman will also be working out of the KDV San Francisco office due to the considerable work he does in the Bay area for clients based there.  He earned his B.A.  from California State University at Fullerton, his J.D. from Loyola Law School and his Master of Laws from the University of California, Berkeley. He is admitted to practice in California, and regularly handles matters in many other states either on a pro hac vice basis or an advisory or national coordinating counsel basis.

Lee will have a leadership role in the Los Angeles office. She earned her B.A. from the University of California, Los Angeles and her J.D. from the University of California Hastings College of the Law. She is admitted to practice in California, and also handles insurance coverage matters in many other states.

“Hee Young and I are excited to be joining a firm whose key practice areas are so compatible with our strengths,” said Herman. “We look forward to the opportunity to helping to grow KDV’s already strong insurance, professional liability and litigation practices on the West Coast and nationally.”

Craig Aronson, who has been practicing law for 30 years and whose practice focuses on coverage and professional liability, joins KDV from Gaglione, Dolan & Kaplan (Los Angeles) where he was a partner. He is admitted to practice in California. Aronson graduated summa cum laude and Phi Beta Kappa from Dartmouth College and earned his law degree from the University of Chicago Law School.

Steven Son, Andrew Johnson and Mikhaile Savary are litigation attorneys joining KDV from Mendes & Mount where they were all associates. Son, admitted to practice in California, earned his B.A. from the University of California, Los Angeles and his J.D. from the University of Illinois College of Law.  Johnson, admitted to practice in California and Nevada, received his B.F.A. from the University of Kansas and his J.D. from St. John’s University School of Law. Savary, admitted to practice in California and New York, received his B. A. from Cornell University and his J.D. from Columbia Law School.

For more information, please contact:
Ellen Page
(516) 283-8810

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