Underberg & Kessler
Underberg & Kessler Earns Best Law Firms High Honors
We are pleased to announce that the Firm has been recognized for its professional excellence in multiple practice areas in the 2025...
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ARTICLES & POSTS
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George S. Van Nest
Nov 124 min read
EPA’s Final Lead Pipe Rule Will Require Total Removal of Lead Pipes from Municipal Drinking Water Systems
On November 30, 2023, the United States Environmental Protection Agency (“EPA”) issued its proposed Lead and Copper Rule Improvements...
Paul F. Keneally
Oct 172 min read
New York State Retail Worker Safety Act to Take Effect in 2025
Beginning June 2, 2025, certain New York State retailers selling “consumer commodities” with ten (10) or more employees will be required...
Ryan T. Biesenbach
Oct 92 min read
Employers — Don’t Forget That NYS Law Allows Time off to Vote
The 2024 elections are just weeks away on November 5, 2024. As we’ve previously reported , employers across New York are still required...
Colin D. Ramsey
Oct 34 min read
Non-Compete Agreements Face an Uncertain Future in New York
Businesses in New York, both big and small, have long utilized non-compete agreements and related restrictive covenants to prevent...
George S. Van Nest
Aug 294 min read
Recent Reports Show That NY’s Rapid Clean Energy Transition Could Harm State Consumers
Multiple reports issued in the last month have called into question the pace of the planned transition from fossil fuel to zero emission...
Underberg & Kessler
Aug 221 min read
Fifteen U&K Attorneys Named to the 2024 Upstate New York Super Lawyers and Rising Stars Lists
We are proud to announce that thirteen attorneys were recently selected for inclusion in the 2024 Upstate New York Super Lawyers list and...
Tyler J. Wilson
Aug 163 min read
Ask An Attorney: FTC’s Proposed Rule on Non-Compete Agreements in Health Care
Q: I work at a practice that employs physicians with Non-Compete Agreements. What is the status of the FTC’s proposed rule on Non-Compete...
Underberg & Kessler
Jul 315 min read
Key Employment Law Updates from the 2024 New York Legislative Session
By Paul F. Keneally, Esq. and Ryan T. Biesenbach, Esq. Several new employment law changes were included in the recently passed 2024 New...
Ryan T. Biesenbach
Jul 296 min read
EEOC’s Updated Enforcement Guidance on Workplace Harassment
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) published its long-awaited Enforcement Guidance on...
Kate Karl
Jun 183 min read
Quiet Roll Out of the “5% Retainage Amendment”
Without much publicity, back in November 2023 New York State Governor Kathy Hochul signed Senate Bill S3539, which amended two...
David M. Tang
May 316 min read
Advocacy Matters
In a time of divided politics and policy, advocacy stands as a critical tool for communicating ideas, shaping legislation and driving...
Jennifer A. Shoemaker
May 224 min read
Unanimous Ruling Requires Courts to Stay, Not Dismiss Cases That Are Subject to Arbitration
The United States Supreme Court ruled unanimously earlier this month in an employment misclassification case (Smith v. Spizzirri, U.S.,...
George S. Van Nest
May 215 min read
EPA Finalizes New Vehicle Emission Rules to Mandate Electric Vehicles
If you like your gas-powered car or truck, you cannot keep it according to the Biden Administration’s final Clean Air Act vehicle...
Paul F. Keneally
May 32 min read
New Employer Obligations in NYS: Paid Breaks for the Expression of Breast Milk and Paid Prenatal Care Leave
The New York State Budget was passed in late April 2024 and includes new duties for employers regarding employees expressing breast milk...
Paul F. Keneally
Apr 262 min read
NYS COVID-19 Paid Sick Leave Ending July 31, 2025
Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget on April 20, 2024. One of the key budget components impacting...
Ryan T. Biesenbach
Apr 252 min read
The FTC Announces Nationwide Ban on Non-Compete Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a new rule banning nationwide most non-compete agreements for workers....
Thomas F. Knab
Mar 195 min read
How Can You Mend a Broken Heart? The Constructive Trust
As a commercial litigator for over 35 years, I have seen countless scenarios in which people who were once intimate business associates...
Underberg & Kessler
Mar 112 min read
Andrew M. Washburn Featured in RBJ Article on New York’s All-Electric Buildings
In a recent article published in the Rochester Business Journal, Underberg & Kessler real estate and commercial lending attorney, Andrew...
Underberg & Kessler
Mar 61 min read
U&K Attorneys Comment on Emerging Litigation Risks in Rochester Business Journal Article
Paul F. Keneally and Ryan T. Biesenbach, were featured in a recent article published in the Rochester Business Journal. The article, “How c
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