Navigating What's Ahead - May 2023

Circle This Thursday, June 1 in Red, Because We Have Big News For You ??

Albany Office Employees Volunteer at Ronald McDonald House

Over the last month,?Lippes Mathias' Albany office has been busy giving back to the community, with five different teams of employees preparing their delicious dinners for the?Ronald McDonald House Charities of the Capital Region .

Employees on each team carefully planned and shopped for their unique menu, then donned their chef hats to create and serve dishes that included homemade meatballs, lemon chicken, corned beef and pastrami sandwiches, and more.

Increasing Government Scrutiny Requires Robust MWBE Compliance Programs to Avoid Criminal, Civil Investigations

New York State's commitment to diversity is evident in its contracts, which set ambitious goals for utilizing Minority and Women-owned Business Enterprises (MWBEs). However, noncompliance with MWBE regulations can lead to government investigations, even for well-intentioned contractors and subcontractors.

Get the full scoop on MWBE regulations and how to prepare your business to comply with them by reading?Lippes Mathias?partner and government & corporate investigations practice team member?Joan Sullivan 's full article here ??https://bit.ly/42eZq5z

New Disclosure and Notice Requirement for New York Physician Practice Transactions

New York State has enacted significant new mandatory disclosure and notice laws for certain transactions involving physician practices. Healthcare organizations should take note, as the law takes effect on August 1, 2023.

For more information, read the full client alert from?Lauren Suttell ?and?Lippes Mathias' health care practice team ??https://bit.ly/3HHNocH

Federal Agencies Signal Collaborative and Increasing Enforcement Efforts Against Discrimination and Bias in Automated Systems

While state and federal agencies are developing regulations directly targeting automated decision-making systems, on April 25, 2023, the Consumer Financial Protection Bureau (CFPB), Justice Department (DOJ), Equal Employment Opportunity Commission (EEOC), and Federal Trade Commission (FTC), issued a joint statement about enforcement efforts combatting bias from the use of automated systems and artificial intelligence. Learn more about the joint statement and its implications in Caitlin O'Neil 's full article HERE .

Why Does My Lease Include Provisions About Bike Racks and Electric Vehicles? I Just Need Some Office Space!

It may come as a shock, but the installation of environmentally conscious amenities like bike racks and electric vehicle charging stations can actually benefit your business!

Increased accessibility options attract new customers and employees, and can even generate additional revenue —?all the more to embrace the benefits that green leases offer.

All you need to know about green leases and more in?Richard Capote ?and?Michael Nisengard 's article here ??https://bit.ly/43QRl8i

Eileen Martin Blog Post: How U.S. Government is Facilitating Trade and Investment

Under NAFTA (North America Free Trade Agreement) and now USMCA (United States-Mexico-Canada Agreement), the Canada E Visa Program offers up to five years of U.S. work authorization —?a great opportunity for Canadian citizens to expand trade and investment in the U.S.

Learn more about the program and eligibility in?Lippes Mathias?partner and immigration team co-leader?Eileen Martin 's latest blog post originally published in?Law360 Canada ???https://bit.ly/3oadXAH

DEA Extends Prescriber Telemedicine Flexibilities for Additional Six Months

The?Drug Enforcement Administration ?has extended telemedicine flexibilities for prescribing controlled substances through November 11, 2023, due to the COVID-19 public health emergency expiring.

The temporary rule aims to promote a smooth transition for patients and practitioners relying on telemedicine.

For more information on this change, read?Gregory Measer ?and our health care team's full alert here ??https://bit.ly/44SppBA .

SAFEs vs. Convertible Notes – Which is Better for an Early-Stage Company?

Are you an early-stage start-up navigating the fundraising landscape and wondering about the differences between convertible notes and Simple Agreements for Future Equity (SAFEs)? Look no further!

In?Lippes Mathias' latest corporate blog post, attorneys?Eliza Shea ?and?Andrea Vossler ?break down these two popular fundraising mechanisms, highlighting key features, implications, and considerations.

Discover the pros and cons of convertible notes and SAFEs by reading the full blog post here ??https://bit.ly/425unYZ

United States Supreme Court Unanimously Overturns Fraud Convictions

In September 2016, the United States Attorney for the Southern District of New York charged, among other defendants, former New York Governor Andrew Cuomo’s campaign manager, Joseph Percoco, not-for-profit Fort Schuyler Management board member, Alain Kaloyeros, and Buffalo-based developer, Louis Ciminelli, with conspiring to commit a scheme to defraud related to Cuomo’s “Buffalo Billion” initiative.?In summary, the government alleged that the defendants participated in an unlawful bid-rigging scheme that assured certain developers were awarded state-funded contracts. Read more HERE .?

Caitlin E. O'Neil Authors Column on Artificial Intelligence Governance for the?Rochester Business Journal

Lippes Mathias?Strikes Down Barriers to Education at Lawyers for Learning's Bowling Event

Our team, led by Lawyers for Learning board members?Andrew Olek ?and?Richard Capote , included?Shawn Byrns ,?James Carberry ,?Thomas Hughes ,?Matthew Palmieri ?and?Mitchell Ream .

Learn more about Lawyers for Learning's work on their website here ??https://bit.ly/3o4hMqU

Andrew M. Wilson Quoted in SHRM Article "USCIS Receives Record Number of H-1B Registrations"

Incorporation of Green Lease Provisions: Let's Work Together On a Better Tomorrow

Incorporating green leasing concepts doesn't require a complete lease overhaul. In fact, green leasing provisions can be added to new leases or through amendments to existing ones.

Even the smallest of modifications can pave the way for significant green efforts and expansion in the future!

Get the full story on green leases in?Richard Capote ?and?Michael Nisengard 's article here ??https://bit.ly/43QRl8i

Jameson Tibbs Featured in Buffalo Business First 's Article "Businesses Must Consider Copyright Laws When Using AI"

Congratulations to Frank Downing , Jr. of Towne Automotive

Lippes Mathias' managing partner, chairman and WNY Scout Council Executive Board President,?Kevin J. Cross , helped to present the Distinguished Citizen Award to?Frank Downing , Jr., president of?Towne Automotive Group .

Congratulations to?Frank ?for this deserved recognition!

Hon. Carol E. Heckman (Ret.) Presents During Panel at the American Bar Association Section of Dispute Resolution’s Annual Spring Conference

On May 12,?Hon. Carol Heckman (Ret.), the co-leader of?Lippes Mathias' Indian law practice team and the team leader of the firm's alternative dispute resolution team, participated in a panel titled "Eliminating Barriers to Use of Arbitration by Tribal Government" at the?American Bar Association?Section of Dispute Resolution's annual spring conference. Read more HERE .

Update from Lippes Mathias Partner and Employment Team Member Brendan Kelleher on NY Education Law 807:

Recent Immigration Blog Posts from Partner and Immigration Team Member Elizabeth Klarin

What End of Title 42, COVID Vaccine Mandate Means for Travel to U.S. - CLICK HERE TO READ

U.S. to Remove COVID Vaccine Requirement for International Travelers - CLICK HERE TO READ

Lippes Mathias Assists Calspan Corporation in $725M Acquisition

Our clients at?Calspan ?have been acquired by?TransDigm Group Inc. ?for approximately $725 million.

Lippes Mathias' deal team led by?Brian Bocketti ?and?Thomas Hughes ?was proud to serve as lead counsel to Calspan throughout the transaction, providing legal support and guidance.

Congratulations to both?Calspan ?and?TransDigm Group Inc. ?on the long-awaited completion of this transaction! Read more HERE .?

Lippes Mathias Welcomes Rachael E. Baskerville and Stephanie B. Rivera

Baskerville , an associate, is a member of the firm’s consumer financial services litigation practice team, where she assists clients with claims involving the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and other consumer protection statutes.?

A member of the Lippes Mathias’ litigation team, Rivera’s practice focuses on business litigation, with an emphasis on commercial litigation, and other litigation matters. Read more HERE .

Operational Practices: Water Efficiency, LED Lighting, and Non-Toxic Cleaning Products ?– Are You Kidding Me With This Lease?

Green leases go ?????? beyond the basics. They optimize day-to-day operations by promoting energy efficiency, water conservation, and environmentally friendly practices.

From upgrading equipment to reducing operating costs, green leases benefit both owners and tenants. With provisions for water efficiency, lighting controls, non-toxic cleaning products, and sustainable materials, green leases are shaping the future of sustainable leasing.

Read more about green leases in?Richard Capote ?and?Michael Nisengard 's full article on the topic here ??https://bit.ly/43QRl8i

The International Entrepreneur Parole – Is it for you?

In her latest blog post, Nisha Fontaine , partner and member of the firm’s immigration team, discusses the International Entrepreneur Parole (IEP), a discretionary policy-based option that was implemented by USCIS to help entrepreneurs with their start-up businesses in the U.S. Read more HERE .?

James P. Blenk and Ian A. Shavitz Speak at CAASNY Annual Meeting

Lippes Mathias?attorneys?James P. Blenk ?and?Ian Shavitz ?spoke at the County Attorneys' Association of New York State's annual meeting, held in Cooperstown, NY from May 23-24. Their presentation, "Local Government Property Acquisition: In Rem Updates and Developing Solar Energy on Municipal Brownfield Sites," offered a unique blend of insight from their respective practices focused on litigation and renewable energy law. Learn more HERE .

Venture Capital 101

Looking to test the waters of venture capital?

Lippes Mathias' startups and venture capital team crafted the comprehensive guide below to help you navigate the process, step-by-step.

Learn more about the team and their work here ??https://bit.ly/421pC2A