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  • NYREJ, July 5, 2016 —

    By Andrew Richards, Co-Managing Partner, Long Island Office, and Elizabeth Marchionni, Associate at Kaufman Dolowich & Voluck, LLP.

    The New York Prompt Payment Act (PPA) (Article 35-E of the General Business Law) which took effect on January 22, 1998, was created to protect the rights of contractors and subcontractors by requiring that payments on private construction projects over a certain amount be made within a certain time period. Although the original statute was heavily criticized by those in the industry for lacking the tools to ensure enforcement, a number of amendments were enacted in 2009 in a broad attempt to remedy the statute’s ineffectiveness including, most notably, a provision for expedited arbitration with the American Arbitration Association for violations of the statute.  The arbitration section of the PPA provides that a contractor or subcontractor, upon written notice of a “violation” and after an attempt to resolve the matter, may compel and refer the matter after 15 days to mandatory binding arbitration with the American Arbitration Association.

  • Sep 9, 2016

    Tad Devlin, Partner at KDV’s San Francisco office, will be speaking at CEB’s presentation of “Handling Commercial Landlord-Tenant Disputes”.

    Battery Reserve
    301 Battery Street
    San Francisco, CA
    10:00am-11:30am PST

    Commercial landlord-tenant disputes can often turn into highly contentious and expensive legal matters, especially in the emerging and rapidly evolving areas of Airbnb short-term rentals and cannabis business property leasing. This program provides guidance on counseling a commercial landlord or tenant alleging that the other party is violating the terms of the contract or lease. Join Tad Devlin for negotiation tips and litigation strategies to resolve rent, lease provision, property damage, and other commercial landlord and tenant disputes. Mr. Devlin also discusses common issues and problems commercial landlords and tenants face with Airbnb and other short-term rental platforms.

  • Jul 6, 2016

    (July 6, 2016, New York, NY)

    — Kaufman Dolowich & Voluck LLP (KDV), a leading national law firm, today announced that three employment law partners, with a combined 60 years of experience, have joined its New York City (NYC) office. With this move, KDV strengthens one of its leading national practices with partners experienced in employment discrimination defense, wage and hour litigation, National Labor Relations Board (NLRB) matters and related labor and employment areas.

    Ivan D. Smith, Maureen M. Stampp and Gregory S. Glickman are joining KDV as partners. They come to KDV from the New York office of Hinshaw & Culbertson LLP where they were partners in the firm’s Labor & Employment Practice. They have a national practice that will enhance KDV’s Labor & Employment Law Practice on both coasts.

    “Ivan, Maureen and Greg have worked together for eight years,” said Michael A. Kaufman, co-managing partner, KDV. “We are very fortunate to be adding employment litigators who have taken more than 25 employment jury trials to verdict.  These additions, coupled with the arrival in Los Angeles of nine Waxler Carner and Brodsky attorneys in April, many of whom have employment and labor practices, further demonstrate KDV’s dedication to having one of the strongest employment and labor teams in the country.”

    Smith brings to KDV substantial experience in employment discrimination litigation, wage and hour litigation, collective bargaining, contract and grievance arbitrations, litigation pertaining to unfair labor practices and matters before the NLRB. In addition, he advises on benefits and pension issues under Taft Hartley and ERISA.

    “I look forward to utilizing Smith’s diverse experience in employment law matters,  including complex class and collective actions, wage and hour litigation and discrimination defense,” said Philip R. Voluck, KDV’s labor & employment law practice co-chair.   Smith also brings a new dimension to KDV with an established entertainment law practice, representing Rock and Roll Hall of Fame and Grammy- and Emmy-award-winning producers, writers, directors and artists in the music, television and film industries.

    Smith earned his B.A. from Tufts University and his J.D. from Albany Law School of Union University.  He is admitted to practice in New York and before the U.S. Supreme Court.

    “We enjoy working together,” said Smith. “Our goal is to be one of the top labor and employment legal teams in New York and expand our footprint nationwide. KDV gives us the platform to accomplish this.”

    Stampp’s practice focuses on employment law and ERISA litigation. She represents employers in all facets of employment and labor law including employment discrimination matters in state and federal courts and before administrative agencies including the Equal Employment Opportunities Commission (EEOC), NLRB and Department of Labor (DOL). Stampp defends employers in federal and state wage and hour and consumer class actions. She also counsels employers on preventive, corrective and remedial measures in employment discrimination matters, prepares policy manuals, negotiates collective bargaining agreements and presents training seminars on employment discrimination laws.

    Stampp earned her B.A., summa cum laude, from Fordham University and her J.D. from Columbia Law School.  She is admitted to practice in New York.

    Glickman focuses his practice on labor and employment matters, handling all aspects of litigation in employment discrimination, wage and hour class action and traditional labor cases. He also handles litigation and arbitration matters brought under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act, the Fair Labor Standards Act (FMLA) the New York State and City Human Rights Laws and unfair labor practice proceedings and representational hearings before the NLRB and state agencies. Glickman prepares employee handbooks and policy manuals.

    Glickman earned his B.A. from Cornell University and his J.D., cum laude, from Georgetown University Law Center. He is admitted to practice in New York and New Jersey.

    “With the continued uptick in employment related litigation, especially wage and hour class actions, the addition of this experienced trio will greatly benefit our clients based in New York City and those who conduct business here,” said Keith Gutstein, co-chair of KDV’s labor and employment law practice.  “We are thrilled that such a strong labor and employment group has joined our team.”

  • Jun 30, 2016

    On Tuesday, June 28, 2016, the Securities and Exchange Commission (“SEC”) proposed a new rule that would require registered investment advisers to adopt and implement written business continuity and transition plans.

    While the rule was proposed two days ago, the concept of business continuity plans and transition planning (or, succession planning) has been a focus of regulators for some time. In fact, pursuant to SEC Rule 206(4)-7, under the Investment Adviser’s Act of 1940, advisers have been required to adopt and implement written policies and procedures addressing business continuity plans since 2003. In 2015, the North American Securities Administrators Association (“NASAA”) adopted a Model Rule requiring advisers to establish, implement, and maintain written procedures relating to a business continuity and succession plan. This Model Rule has begun to be adopted and enforced by individual states. The SEC’s proposed rule is actually the culmination of years of planning by the regulator.

    According to the SEC, the proposed rule is tailored to ensure that investment advisers have plans in place to address operational and other risks related to a significant disruption in the adviser’s operations in order to minimize client and investor harm. Business continuity and transition plans are intended to assist advisers in preserving the continuity of advisory services in the event of business disruptions – whether temporary or permanent – such as a natural disaster, cyber-attack, technology failures, the departure of key personnel, and similar events.

    The proposed rule would require an adviser’s plan to be based upon the particular risks associated with the adviser’s operations and include policies and procedures addressing the following specified components:

    1) Maintenance of systems and protection of data;

    2) Pre-arranged alternative physical locations;

    3) Communication plans;

    4) Review of third-party service providers; and

    5) Plan of transition in the event the adviser is winding down or is unable to continue providing advisory services.

    The plans would be required to address these elements that are critical to minimizing and preparing for material service disruptions, but the rule is intended to permit advisers to tailor the detail of their plans based upon the complexity of their business operations and the risks attendant to their particular business models and activities.

    The proposed rule and rule amendments also would require advisers to review the adequacy and effectiveness of their plans at least annually and to retain certain related records for a period of not less than five years.

    In addition to the proposed rule, SEC staff issued related guidance addressing business continuity planning for registered investment companies, including the oversight of the operational capabilities of key fund service providers.

    The proposed rule will be published in the Federal Register in the coming days and the comment period will be 60 days from the date the proposed rule is published.

    Please contact Stefan R. Dandelles, Esq. or Brendan P. McGarry, Esq. of KDV’s Chicago Office with any questions.

  • Jun 23, 2016

    An Update on the U.S. Department of Labor’s Final Rule Setting a Uniform Fiduciary Standard for Advisers to Retail Retirement Investors

    By Stefan R. Dandelles, Esq. and Brendan P. McGarry, Esq.

    On April 6th, 2016, the US Department of Labor (“DOL”) issued its final fiduciary rule (the “Rule”). The highly anticipated, and debated, Rule will render much of the advice from broker dealers, banks and other financial organizations to individual retirement accounts (“IRAs”) and other Retirement Investors subject to ERISA’s fiduciary standards. The impact of the Rule in the near term, and the debates surrounding it, will largely be focused on the compensation practices at broker-dealers and other Financial Institutions, including the fee and revenue sharing arrangements among funds, fund sponsors and the Financial Institutions that offer investment advice to Retirement Investors, via the Best Interest Contract Exemption (the “BICE”).

    The Rule will require new client contracts, new internal best interest policies and procedures, new websites and additional disclosures to investors and the DOL. The Rule may also increase the risk of litigation for Financial Institutions in providing investment and other services to Retirement Investors, and has already prompted multiple lawsuits challenging the DOL’s authority to enact the Rule. This update to our White Paper series will focus on the most relevant provisions of the Rule and its potential effects on the investment industry.

    The attorneys in the Financial Services Practice of Kaufman Dolowich & Voluck, LLP have been closely following the progression of the Rule from proposal to this final version. You can find our prior analysis of the Rule (here) and (here). We are ready to assist in the understanding and implementation of the requirements under the Rule.

    Please contact Stefan Dandelles or Brendan McGarry with any questions.

    Click below to read the Final White Paper:

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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.

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