Recent Publications & Articles - Tannenbaum Helpern Syracuse & Hirschtritt LLP

Healthcare Reform Alert: Obama Administration Sets October 1 Deadline for Employers to Distribute Insurance Exchange Notices, Employment Notes, May 2013
The Administration's Fiscal Year 2014 Revenue Proposals - Three Things are Certain: Death, Taxes and nothing is Permanent, E-Alert, May 2013
SEC and CFTC Issue Joint Identity Theft "Red Flags" Rules, BulletPoint, May 2013
Court Upholds Legislation Prohibiting the Springing of Full Recourse Liability Upon Breach of Covenant to Remain Solvent, Note from the Real Estate Group, May 2013
Putting the business back in business litigation, InsideCounsel, April 25, 2013
Insider trading-let the tippee beware , InsideCounsel, April 11, 2013
Overview of the Madrid System and the United States Perspective, by L. Donald Prutzman. Reprinted with permission from New York State Bar Association International Law Practicum , Autumn 2012, Vol. 25, No. 2, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
SEC actions time-barred after five years? Not quite , InsideCounsel, March 28, 2013
Attorney Professionalism Forum: Rules governing email preservation in a potential litigation , by Vincent J. Syracuse and Matthew Maron. Reprinted with permission from New York State Bar Association Journal, March/April 2013, Vol. 85, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
Litigation: Preliminary agreements may not be as "preliminary" as you expect , InsideCounsel, March 14, 2013
Attorney Professionalism Forum: Prospective client consideration, obligations owed and privilege issues when unsolicited information is received, by Vincent J. Syracuse and Matthew Maron. Reprinted with permission from New York State Bar Association Journal, February 2013, Vol. 85, No. 1, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
Litigation: Can LLC members effectively waive their fiduciary duties?, InsideCounsel, February 14, 2013
What Impact Will FATCA Have on Offshore Hedge Funds and How Should Such Funds Prepare for FATCA Compliance?, by Michele Gibbs Itri, The Hedge Fund Law Report, Vol. 6 No. 5, February 1, 2013

Privacy regulation in the United States, by Andre R. Jaglom. Reprinted with permission from the Corporate Counsel's Records Retention Report, February 2013

Attorney Professionalism Forum: Rules governing escrow accounts, retainers, and communication with clients regarding fees, by Vincent J. Syracuse and Matthew Maron of Tannenbaum Helpern Syracuse and Hirschtritt LLP and Peter V. Coffey, Esq., of Englert, Coffey, McHugh & Fantauzzi LLP. Reprinted with permission from New York State Bar Association Journal, January 2013, Vol. 85, No. 1, published by the New York State Bar Association, One Elk Street, Albany, New York 12207

Healthcare Reform Alert: Obama Administration Suspends Looming Deadline for Distribution of Insurance Exchange Notices to Employees , Employment Notes, January 2013
New York Permits Members of Limited Liability Companies to Disclaim Fiduciary Duties, At Least Sometimes, Business Litigation Bulletin, January 2013

E-Discovery: Managing the duty to preserve voicemail, InsideCounsel, January 29, 2013

E-discovery: Preservation of social media, what every company needs to know, InsideCounsel, January 18, 2013

E-discovery: New Sedona Conference developments continue to alter the e-discovery landscape, InsideCounsel, January 1, 2013

The American Taxpayer Relief Act of 2012: What It Means to You, January 2013

2012

Effects of automated technologies on electric document preservation and review obligations InsideCounsel, December 18 2012

Understanding the Regulatory Regime Governing the Use of Social Media by Hedge Fund Managers and Broker-Dealers, by Ricardo W. Davidovich and Karina Bjelland, The Hedge Fund Law Report, Vol. 5 No. 47, December 13, 2012

CFTC Affirmation Requirement for Exempt CPOs and CTAs, BulletPoint, December 2012

Update Required to Employer's Background Checking Forms, E-Alert, December 2012

SaaS Deal vs License, E-Alert, December 2012

Top 10 Licensing Considerations, E-Alert, December 2012

Be Quick or You'll Lose: The New First-to-File Patent Application Rule, E-Alert, December 2012

Attorney Professionalism Forum: Civility best practices between opposing counsel, by Vincent J. Syracuse and Matthew Maron. Reprinted with permission from New York State Bar Association Journal, November/December 2012, Vol. 84, No. 9, published by the New York State Bar Association, One Elk Street, Albany, New York 12207

Second Circuit Limits Use of Post-Disclosure Share Price Recovery, by Tammy Bieber and Sarah Mendola, ABA Litigation Section - Professional Liability Litigation, Vol. 9 No. 1, Fall 2012

CFTC Extends Registration Deadline for CPOs of Funds of Funds, BulletPoint, December 2012.
The Rule 45 Subpoena: Instituting an ESI Action Plan, InsideCounsel, December 4, 2012
Risks of Using Expert Networking Firms - The Latest Prosecution for Insider Trading BulletPoints, December 2012
New York Legislature Eases Restrictions on Employee Paycheck Deductions, Employment Notes, December 2012
A request to preserve when you're a nonparty-what's a GC to do?, InsideCounsel, November 20, 2012
Privacy under the European Community Directive, by Andre R. Jaglom. Reprinted with permission from the Corporate Counsel's Records Retention Report, December 2012, Issue 180
Insider Trading and Tippee Liability: The Second Circuit Reconciles Two Inconsistent Scienter Requirements, Business Litigation Bulletin, November 2012

Hurricane Sandy Whips up Wage and Hour Issues for Employers , Employment Notes, November 2012

When One Reservation of Rights is Not Enough, Business Litigation Bulletin, November 2012

Selected Exemption Provisions in the US Affecting Non-US Investment Advisers, GlobalNote, October 2012

Recent Changes to U.S. Patent Law, By Gerard F. Diebner. Reprinted with permission from: Inside Newsletter. Fall 2012, Vol. 30. No. 2, published by the New York State Bar Association. One Elk Street, Albany, NY 11207
Protecting Your Intellectual Property by Staying Informed and Knowing Your Options, By Albert L. Jacobs, Jr., L. Donald Prutzman and Andrew Berger. Reprinted with permission from: Inside Newsletter. Fall 2012, Vol. 30. No. 2, published by the New York State Bar Association. One Elk Street, Albany, NY 11207
Infringement Claims, by Andre R. Jaglom. Reprinted with permission from the Distribution Counselor, October 2012

A New Stress For Distressed Debt: New York Court Questions Whether An Investor Can Sue, Business Litigation Bulletin, October 2012
Attorney Professionalism Forum: Joint representation of multiple clients; conflict checks and engagement letters; and attorney-client privilege issues, by Vincent J. Syracuse and Maryann C. Stallone. Reprinted with permission from New York State Bar Association Journal, September 2012, Vol. 84, No. 8, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
National Futures Association Eligibility/Proficiency Requirements for Swaps Activity, BulletPoint, September 2012
Options Available for Owners to Challenge Mechanic's Liens, by Kenneth M. Block and John-Patrick Curran, New York Law Journal, September 12, 2012
Liability On-line: Copyright and Tort Risks of Providing Content, or Who's in Charge Here?, by Andre Jaglom. Reprinted with permission from the Distribution Counselor, September 2012, Issue 141
Attorney Professionalism Forum: Applying "no-contact rule" and replying to all in email communications, by Vincent J. Syracuse and Matthew R. Maron. Reprinted with permission from New York State Bar Association Journal, September 2012, Vol. 84, No. 7, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
CPO Registration in Light of Final CFTC Rulemaking, BulletPoint, August 2012
Attorney Professionalism Forum: Can a lawyer rely on what the client says and what to do when the opposing party submits a potentially false affidavit?, by Vincent J. Syracuse and Matthew R. Maron. Reprinted with permission from New York State Bar Association Journal , July/August 2012, Vol. 84, No. 6, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
Grandfathering Provisions of the Family Office Rule, GlobalNote, July 2012
Confidentiality Agreements, E-Alert, July 2012
How Brands May Navigate the Challenges Raised by ICANN's Domain Name Expansion, E-Alert, July 2012
Recent Court Decision Bolsters Writers' Protection against Idea Theft, E-Alert, July 2012
The New Post-Grant Patent Review: Just When You Thought You Were Out, They Pull You Back In, E-Alert, July 2012
The Leahy-Smith America Invents Act, Chapter 14 of PLI's Advanced Patent Prosecution Workshops 2012: Claim Drafting & Amendment Writing
Co-investing in art: What Every Collector Needs to Know , by Enrique Liberman. Reprint with permission from ArtAsiaPacific, Issue 79, Jul/Aug 2012.
Attorney Professionalism Forum: When declining a case, what obligations do attorneys owe to the prospective clients and how to address confidential information acquired during the initial meeting?, by Vincent J. Syracuse and Matthew R. Maron. Reprinted with permission from New York State Bar Association Journal, June 2012, Vol. 84, No. 5, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
Owner's Rider to the AIA Form of General Contract, by Kenneth M. Block and John-Patrick Curran, New York Law Journal, June 20th, 2012
ICANN Releases the List of Applicants for New gTLDS-Do You Need to Consider Any Action?,June 2012
The Madoff Fraud: A Ground-Breaking Case in Cross-Border International Litigation. Reprint with permission from: International Law Practicum, Spring 2012, Vol. 25, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207
Attorney Professionalism Forum: When representing clients A & B in unrelated matters and suddenly client A requires you to seek discovery from a third party who is in receivership with client B, how should you handle and are you conflicted? , by Vincent J. Syracuse and Amy S. Beard. Reprinted with permission from New York State Bar Association Journal, March/April 2012, Vol. 84, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
Attorney Professionalism Forum: As an attorney, what are your communication obligations to adversaries and clients, are your digital communications protected by attorney-client privilege and what do you do when privileged information is accidentally disclosed?, by Vincent J. Syracuse and Amy S. Beard. Reprinted with permission from New York State Bar Association Journal, February 2012, Vol. 84, No. 2, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
Privilege and the In-House Counsel: Protecting Your Communications Through Proper Registration and Careful Understanding of the Privilege , by Vincent J. Syracuse and Amy S. Beard. Reprinted with permission from New Your State Bar Association Inside Newsletter, Spring/Summer 2012, Vol. 30. No. 1, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.
Attorney Professionalism Forum: What to do when opposing counsels do not engage in or comply with good faith discovery efforts?, by Vincent J. Syracuse of Tannenbaum Helpern Syracuse & Hirschtritt LLP and Jennifer Lewkowski of Traub Lieberman Straus & Shrewsberry LLP. Reprinted with permission from New Your State Bar Association Journal , May 2012, Vol. 84. No. 4, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.
The Impact of the JOBS act on Private Funds, BulletPoint, April 2012
Offshore Asset Recovery: Investigations and Legal Proceedings, By Timothy s. Pfeifer, Denise D. Vasel, and Ralph A. Siciliano. published in International Law Practicum, a publication of the International Section of the New York State Bar Association, vol. 25, no. 1 (Spring 2012)
Will The STOCK ACT Affect How Investment Advisers Conduct Governmental Research? , BulletPoint, April 2012
Damages Available For Architectural Malpractice, by Kenneth M. Block and John-Patrick Curran, New York Law Journal, March 14, 2012
Borrower's Breach of Covenant to Remain Solvent Springs Full Recourse Liability under Non-Recourse CMBS Mortgage Loan, Note from the Real Estate Group, March 2012
Friendly rivals, Family Office Review, February 2012
Al Jacobs on the advantages of business method patents. Click here (link to PDF) to read the article. To download the full February 2012 Issue of The Family Office Review, visit www.familyofficereview.com
SEC Guidance Regarding Investment Adviser Affiliates, Bullet Point (January 2012)
Attorney Professionalism Forum: When a private law firm relocates to a different state, what are its responsibilities to current and former clients and for retaining client files?, by Vincent J. Syracuse and Amy S. Beard. Reprinted with permission from: New York State Bar Association Journal, January 2012, Vol. 84, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207
With ICANN's Controversial Decision to Expand the Number of Generic Top-Level Domains; Is Your Domain Name Safe? , January 2012

2011

"Online brawl," by L. Donald Prutzman and Amy S. Beard, Managing Partner Magazine, December 2011/January 2012 edition Donald Prutzman and Amy Beard of Tannenbaum Helpern explore the implications of ICANN's controversial decision to allow the vast expansion of generic top-level domains.
"Current Regulatory Regime for Investment Advisers Post Dodd-Frank" , by Michael G. Tannenbaum, Ricardo W. Davidovich and Beth Smigel.
Reprinted with permission from: Inside , Winter 2011, Vol. 29, No. 3, published by the New York State Bar Association, One Elk Street, Albany, NY 12207
Fees a developer may encounter when generating hazardous waste , by John-Patrick Curran and Kenneth M. Block, New York Law Journal, December 2011
"New Regulatory Provisions in the US Affecting Non-US Investment Advisers (Updated in light of SEC Final Rulemaking)", GlobalNote, November, 2011
"Note from the Restructuring Group: " Real Estate Tranfer Tax Liability Upon the Infusion of New Equity ," by Eric S. Schoenfeld, September 2011
Note from the Real Estate Restructuring Group: "Real Estate Joint Ventures: Hot Button Issues Exposed by the Distressed Market," by Eric S. Schoenfeld, April 2011
"New City Green Laws May Spur Retrofitting" , by Kenneth M. Block and John-Patrick Curran, New York Law Journal, March 9,2011
"New FINRA "New Issues" Allocation Rule," GlobalNote, March 4, 2011
The Insider Trading Laws and Hedge Funds, March 2011
New York Enacts New Wage Payment Notification & Recordkeeping Requirements, Employment Notes, February 2011
Employment Notes: New York State Department of Labor Dishes Out New Regulations for Restaurants and Hotels , January 2011

2010

"Statutes of Limitations for Design and Construction Defects" by Kenneth M. Block and John-Patrick Curran, New York Law Journal, November 10, 2010
"Developments in Family Office Regulation: Part One" by Michael G. Tannenbaum and Christina Zervoudakis, The Hedge Fund Law Report, October 1, 2010
"The Developing U.S. Law Regarding the Invisible Use of Trademarks of Others in Cyberspace" by L. Donald Prutzman, NYSBA International Law Practicum, Autumn 2010, Vol. 23, No. 2
Employment Notes: The Dodd-Frank Reform Act Significantly Expands Protections for Whistleblower-Employees in the Financial Services Industry , August 2010.
"Liability of Construction Managers: Look to the Contract" by John-Patrick Curran and Kenneth M. Block, New York Law Journal, September 29, 2010
"Protecting the Family Office by Using Managed Accounts" by Michael G. Tannenbaum, July 2010
Employment Notes: FTC Guides May Impose Employer Liability for Employee Comments on Social Media Sites, July 2010
"Cooperative Surety Can HelpSalvage a Defaulted Project" by John-Patrick Curran and Kenneth M. Block, New York Law Journal, June 30, 2010
"How Regulation Affects CTAs," by Jonathan A. Golub; appears in Opalesque Futures Intelligence, June 23, 2010 (downloadable pdf copy; no subscription required)
"Brownfield Program Should Benefit a Range of Projects" by John-Patrick Curran and Kenneth M. Block, New York Law Journal, March 10, 2010
"Employers Must Consider Implementing Social Media Policies," reprinted from The HR Alliance newsletter, April 2010.
New York State Issues Guidance For New Hire Wage Notifications, Employment Notes, April 2010
"SEC Adopts Amendments to the Custody Rule under the Investment Advisers Act of 1940 in Attempt to Protect Client Assets From Fraudulent Conduct" GlobalNote, January 14, 2010
"New York City's Greener, Greater Buildings Plan Becomes Law," reprinted from the New York Journal, January 8, 2010
"Acquisition of Distressed Mortgage Debt: Beware of the Quality of the Mortgage Lien", Notes from The Real Estate Restructuring Group, January, 2010
Employment Notes: Employers Must Consider Implementing Social Media Policies, January, 2010
The Repeal of the Federal Estate Tax: Estate Planning in Uncertain Times, January, 2010

2009

"House of Representatives Passes Carried Interest and Foreign Account Reporting and Withholding Legislation," December 11, 2009
"References to Figures Involved in Historic Events to Promote Products or Services May Land You in Litigation," December 11, 2009
"House of Representatives to Consider Private Fund Investment Advisers Registration Act of 2009.", GlobalNote, November 9, 2009
"New Asbestos Regulations to Boost Costs, Enforcement," reprinted from the New York Law Journal," September 30, 2009
"IRS Memo Addresses Loan Origination by Offshore Entities," GlobalNote , September 25, 2009
"Changes to New York's Power of Attorney Law," GlobalNote, September 9, 2009
Employment Notes: New York State Enacts Sweeping Employee Wage Notification Requirements, September 2009
Putting Structures in Place (relating to carbon funds), Environmental Finance, September 2009
"Additional Relief Offered on FBAR Filings," GlobalNote , August 21, 2009
"UBTI Legislation Reintroduced," GlobalNote, August 11, 2009
"Dismissal of SEC's Insider Trading Case Against Mark Cuban Changes the Guideposts for Investment Managers and Places Insider Trading Rules Into Question ," GlobalNote, August 10, 2009
"Special Rules Govern Condo Mechanic's Liens," reprinted from the New York Law Journal, July 29, 2009.
"Statutory Damages in Copyright Litigation: Clearing Up Some Common Misunderstandings," reprinted from BNA's Patent, Trademark & Copyright Journal, 78 PTCJ 391, July 24, 2009.
"U.S. Treasury Proposes Plan For Financial Regulatory Reform," GlobalNote, July 8, 2009
"Update on FBAR Filing Requirements and Extension of FBAR Filing Deadline Granted," GlobalNote, June 26, 2009
"Lender Priority Requires Strict Statutory Compliance," reprinted from the New York Law Journal, May 13, 2009.
"Impact of the Introduction of the Stop Tax Haven Abuse Act on the Private Fund Industry," GlobalNote, March 12, 2009
"Recovery Act May Stimulate Energy Efficient Building," reprinted from the New York Law Journal, March 11, 2009.
Stimulus Creates New COBRA Obligations for Employers, Employment Notes, March 2009
"Hedge Fund Regulatory Outlook for 2009: Hedge Funds Brace Themselves for More Regulation in the US ," by Michael G. Tannenbaum , reprinted from The Hedge Fund Journal, February 2009.
"Electronic Filing of Form D," GlobalNote, February 2009
Hedge Fund Regulatory Outlook for 2009, The Hedgefund Journal, February 2009
Employment Notes: NYS Department of Labor Launches Campaign to Enforce Wage Payment & Overtime Laws, February 2009
"The Hedge Fund Transparency Act," February 6, 2009
Employment Notes: Flurry of Legislation Expected Under Obama Administration , January 2009
Proposed EU Directive on Alternative Investment Fund Managers, GlobalNote, 2009
How to Register as an Investment Adviser with the SEC, GlobalNote, 2009

2008

" Default of Construction Loan Poses Challenges for Lender, " reprinted from the New York Law Journal, December 10, 2008.
Employment Notes: New York Enacts Series of Laws to Protect the Rights of Ex-offenders Seeking Employment , December 2008
Employment Notes: DOL Publishes Final Rule to Implement First-Ever Amendments to the Family and Medical Leave Act , December 2008
Employment Notes: Terminating Employees in Turbulent Times , November 2008
Employment Notes: Congress Amends ADA to Expand Definition of "Disability" , October 2008
" Employment Pitfall - Worker Misclassification May Bring Penalties , " reprinted from the New York Law Journal, September 10, 2008.
"Revised Summary of the SEC's Emergency Orders Issued on September 18, 2008 Taking Temporary Action to Respond to Market Developments, and Amendments to These Orders Issued on September 21, 2008" (September 2008)
"Green Buildings: Detailed Specifications Chart LEED Certification, " reprinted from the New York Law Journal, June 11, 2008.
"Increased Estate Planning Opportunities in Current Low Interest Environment," April 7, 2008.
"Brownfields Cleanup - Case Law, Amendments May Modify Program," reprinted from the New York Law Journal, March 12, 2008.
"The Fund Manager's Dilemma: the Need to Know versus the US Insider Trading Laws," p ublished in the Alternative Investment Management Association Magazine's Autumn 2008 Edition.
How to Start a Hedge Fund in the US, HFM Week Special Report 2008

Recent Publications and Articles