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In The News - 2011


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Hazing-related Charges in GI’s Death Could be Difficult to Prove

A low-ranking soldier is hazed and mistreated by his fellow troops and even his leaders. He commits suicide. The military investigates. Are his tormenters legally responsible for his death? Last week, the Army charged eight soldiers in the hazing and …

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msnbc

Harshest Charges in Asian-American GI’s Death May Not Stick, Experts Say

Army prosecutors will be in a tough spot pursuing charges of negligent homicide and involuntary manslaughter against five soldiers in connection with the death of an Asian-American GI whose family and advocates say was the victim of racial taunting, bullying …

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VA_Watchdog

The Season of Giving Could Lead to a Court Martial

Most gift giving frowned upon and punishable in the military. The exchange of gifts is a favorite holiday tradition for many. A less popular and less known holiday tradition, however, involves the punishment of service members who stray from military …

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msnbc

8 US Soldiers Charged in Death of Fellow GI

Eight U.S. soldiers have been charged in the death of 19-year-old Private Danny Chen, who was found shot to death in a guard tower in Afghanistan.  It was first thought that Chen may have committed suicide. The military’s investigation found however …

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Reason_Logo

The Bradley Manning Hearing: What’s Likely to Arise

Wired magazine has a long-ish report on what to expect from the upcoming “Article 32“ pre-trial hearing for Bradley Manning, accused Wikileaker: The Article 32 hearing, a cross between a grand jury hearing and preliminary hearing in civilian courts, will be …

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wired_logo

WikiLeaks in Court: What to Look for in Bradley Manning’s Hearing

When WikiLeaks suspect Bradley Manning enters a military courtroom in Ft. Meade on Friday he’ll face a military investigator bent on demonstrating that the young soldier committed grave violations of law by leaking hundreds of thousands of classified and sensitive …

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Hosfstra

Mathew Tully Nominated Hofstra University Alumni of the Month

 What was your favorite class, who was your favorite professor, or what is your fondest memory of Hofstra? Early in my studies at Hofstra, I remember debating in one of my political science classes with then Political Science Professor …

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VA_Watchdog

Red Tape Ensnarls Veteran-Owned Small Business

House Committee on Veteran Affairs calls VA’s verification process a failure. The U.S. House Committee on Veterans Affairs held a joint hearing Wednesday to flush out what lawmakers called significant problems with the process of verifying veteran-owned and service-disabled veteran-owned …

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DC_Military_com

Ask the Lawyer: Be Careful When Giving a Little Help to Your Friends

Q: Can I get in trouble if I help a fellow service member who may have committed a crime? A: That depends on whether you actually know a fellow service member has committed a crime. The law regarding accessories after …

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us_news

5 Tips for Current or Prospective Law School Students in a Difficult Economy

Applicants should mind their online profiles and apply as early as possible. The header of Third Tier Reality states that the blog exposes the “ugly realities” of law school. Paul Campos, a University of Colorado—Boulder Law School professor, writes a blog called Inside …

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lawyers_com

Employment Law Advice for America’s Returning Veterans

Today, we’re speaking with Mathew Tully, from Tully Rinckey PLLC law firm. We’re one of the largest law firms in the country that represents National Guardsmen and reservists in employment actions. I got here because in 1995, I went away …

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News Channel 8

Lisa Windsor Discusses Changes to FMLA

Military Attorney Lisa Windsor of Tully Rinckey appears on Capital Insider to discuss changes to the Family Medical Leave Act (FMLA) for soldiers who are or will be deployed and their families.

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Albany Times Union

One War to Another

Talk about shell shock. Over the past few months at my law firm dedicated to protecting the employment rights of military service members and veterans, I’ve heard from a shocking number of individuals experiencing trouble finding jobs. Part of the …

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Federal Times Logo

Personal Debt Sinks More Clearances

The economic downturn is taking a growing toll on federal employees and contractors who need access to classified information for their jobs, according to government records and people familiar with the process. “More and more people are experiencing trouble either …

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DC_Military_com

Ask the Lawyer: Misuse of Rx Drugs a Prescription for Trouble

Q: If my urinalysis comes back positive and I have a doctor’s prescription for painkillers, will I not get in trouble? A: Prescription drug use within the military has grown significantly in recent years, with many service members suffering from …

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examiner_com

Strange Case of Kentucky Soldier Charged with Espionage

American Army Specialist William Millay, a 22-year-old military policeman from Owensboro, Kentucky, stationed at Joint Base Elmendorf-Richardson in Alaska has been arrested and is awaiting charges of espionage. Reports from Wave 3 in Louisville, Anchorage Daily News and the Army Times all agree that …

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international_business_times

Alaska Solider Accused of Espionage

A US Army soldier working as part of military police in Alaska has been arrested on suspicions of spying according to a US Army official, Reuters reported on Tuesday. Specialist William Colton Millay, 22, was arrested following an investigation by …

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American_Veteran_Magazine

Veterans Return Home to Find Tough Luck on the Job Front

Many remain unemployed or are denied promotions and raises because of commitment to country Working under the most unfavorable conditions while serving their country overseas, service members are returning home and receiving an even more unfavorable slap in the face …

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The Atlantic Wire

The Next Bradley Manning? Not Necessarily

The case of a U.S. Army police officer arrested on espionage charges in Alaska over the weekend immediately got compared to Bradley Manning, the Army intelligence analyst currently facing charges of leaking documents to WikiLeaks, but so far there’s just no …

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Army Times

UCMJ Charges Expected in Espionage Case

An Alaska soldier arrested on suspicion of espionage will face military charges, but he is not expected to be charged in federal criminal court, according to an Army spokesman. Spc. William Colton Millay, a 22-year-old military policeman from Owensboro, Ky., …

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Washington Post

Debt at Home Means no Work for Defense Contractor

More than 50 years ago, James Brown and the Famous Flames recorded “Bewildered,” with the words: “Must I have sleepless night and endless days.” Today, another James Brown must be asking the same question and feeling bewildered by his current …

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DC_Military_com

Foreign Influences Can Foil Security Clearance

Q: Two years ago I got married. My wife immigrated to the United States from a Middle East nation as a teenager. Most of her family remains in the Middle East and we visit them occasionally. I’ve been in the …

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gi_bill

GI Bill 2.0 Includes National Guard Members – Finally

When the Post-9/11 GI Bill was passed in 2008, it was hailed as a significant improvement to military education benefits. Under the new bill, military personnel with just 90 days of active-duty service could be partially eligible for benefits. After …

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CNC_World_News

Lisa Windsor Discusses Ramifications of Speaking Out Against Government

Tully Rinckey’s Lisa Windsor sits down with CNC World News and discusses the ramifications after a service member speaks out against the government or military while on active duty.

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American_Veteran_Magazine

F.M.L.A. Change Grants Military Family Members Time to Deal With Deployments

Many service members will say one of the toughest parts about a deployment is saying goodbye to their family. Soon new changes to the Family and Medical Leave Act (FMLA) will make that farewell easier to handle. Beginning October 31, …

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Army Times

Explicit Messages, Images Put Careers at Risk

It began with some flirtatious text messages between an advanced individual training instructor and a young female trainee, and it quickly turned physical. The illicit relationship between the staff sergeant, who was almost 40, and the 19-year-old student was their …

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DC_Military_com

Ask the Lawyer

Q: I think someone I know in the Navy is cheating on his wife with a civilian in another state. He’s gone to great lengths to keep it a secret, but what would happen if he gets caught? A: Many …

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News Channel 8

Chris Graham Discusses Security Clearance Revocations

Tully Rinckey’s Christopher Graham sits down with Capital Insider to discuss security clearance revocations. The recession and strained U.S. relationships with other countries are causing more and more clearances to be pulled.

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News Channel 8

Don’t Ask Don’t Tell Repealed

Tully Rinckey’s Lisa Windsor speaks with Capital Insider on the legal challenges that are born now that Don’t Ask, Don’t Tell has been repealed.

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WMAL_Radio

Poor Economy Causing More Federal Workers to Lose Security Clearances, Jobs

The number of federal employees who lost or are in danger of losing their security clearances and jobs due to the poor economy has increased, a former Defense Office judge told WMAL.com. “Because of the downturn in the economy, especially …

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DC_Military_com

What You Need to “Know” About AWOL

Q: I am being charged with AWOL even though I never got the word about a mandatory formation for all personnel. Can my unit do that? A: It depends. There are several types of absence without leave under Article 86 …

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fox23news

Greg Rinckey Discusses Repeal of Don’t Ask, Don’t Tell

Tully Rinckey’s managing partner Greg Rinckey speaks with FOX 23 and discusses the legal debate that follows the end of Don’t Ask, Don’t Tell.

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YNN - Your News Now Albany, NY

Greg Rinckey Discusses Repeal of Don’t Ask, Don’t Tell

Tully Rinckey’s managing partner Greg Rinckey speaks with YNN about the ending of Don’t Ask, Don’t Tell and why a legal debate is just beginning.

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Army_Wife_Network

Army Wife Talk Radio Show: Servicemember Civil Relief Act

Join the Army Wife Network team this week on Army Wife Talk Radio for an informative discussion on the benefits soldiers receive under the Servicemembers Civil Relief Act (SCRA) with Tully Rinckey PLLC Partner, Lisa M. Windsor.

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Washington Business Journal

People on the Move

Monica Molnar Date added: September 20, 2011 Submission Type: New Hire Current employer: Tully Rinckey PLLC Current title/position: Employment Law Attorney Industry: Legal Services Position department: Legal

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Air_Force_Times

Positive Drug Test May Not Lead to Separation

Q: My drug test came back positive and showed traces of cocaine in my urine. Does this mean my military career is over? A: Not necessarily. The armed forces do not require mandatory separation when you test positive for illegal …

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Army Times

Court Awards Reservist $926K in USERRA Case

An Air Force reservist is a major step closer to receiving $926,506 in back pay and damages, after winning another round in his court fight for his federal re-employment rights. It’s one of the largest cases ever under the Uniformed …

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Death Investigation Details Hazing

3 Marines will face various charges in their hearing today in Kaneohe Within two weeks of arriving at a new patrol base and being assigned to a new squad in southern Afghanistan, Marine Lance Cpl. Harry Lew fell asleep three …

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svobodanews

Dominique Strauss-Kahn – A Free Man

August 23 decision of the Court of appeal was completed on the prosecution of the former head of the IMF Dominique Strauss-Kahn, who was charged with sexual violence. Earlier in the day the Court dropped all charges against the former …

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Business Review Logo

16 Capital Region Companies Make Inc’s Fastest-Growing List

Sixteen companies in the Capital Region have made the latest list of Inc. magazine’s 5,000 fastest-growing businesses. The magazine annually ranks companies based on their percent increase in revenue over the past three years. No local companies cracked the magazine’s …

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Army Times

Officers Should Not Let Letters of Reprimand Ruin Their Careers

Q: I am an officer and have received a letter of reprimand. What should I do? A: Commissioned officers and warrant officers put their military careers at risk if they view a letter of reprimand (LOR) as a slap on …

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The Saratogian

Sick Leave Flexible For Serious Health Conditions

Question: I had to miss a little more than three months of work to receive treatment and recover from cancer. While supportive at first, my boss is growing impatient. He keeps reminding me that I’m falling behind on my quotas …

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Houston_Chron

Few Options for Fort Hood Shooting Suspect’s Team

More than two dozen soldiers have testified about the day they were shot at Fort Hood in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation’s findings about the suspect: Before the …

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Salon

Fort Hood Suspect’s Defense Has Few Options

More than two dozen soldiers have testified about the day they were shot in a crowded Fort Hood building in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation has announced its …

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Associated_Press

Fort Hood Suspect’s Defense Has Few Options

More than two dozen soldiers have testified about the day they were shot in a crowded Fort Hood building in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation has announced its …

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navy_times

Navy Sees Steady Decline in Courts-Martial

Despite a stream of headline-grabbing disciplinary issues, the Navy has over the past decade seen a steady decline in the number of sailors who have faced the most serious court-martial proceedings. The pace and pressure of wartime operations is clearly …

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WAMC

Court Room Technology

Tully Rinckey PLLC saves clients time and money by offering state-of-the-art video conferencing technology.

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Washington Business Journal

Daily People on the Move

Tully Rinckey PLLC in D.C. added Neil A.G. McPhie as a partner. McPhie will focus his practice in areas of federal employment and labor law. He will eventually oversee the opening and management of the firm’s newest location, which is …

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law_marketing

Tully Rinckey Puts QR Code in Advertisement for Law Firm Marketing

Tully Rinckey, a marketing-savvy law firm in Albany, NY, has added a QR code in an advertisement. QR codes, which can contain a website, v-card or custom Google search, are the red-hot new law firm marketing trend. Kudos to the …

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CBS 6 Albany, NY

Law Firm Offering Free Easter Hams for Vets, Service Member Families

Tully Rinckey is honoring those who have served their country and the families of active service members this Easter. The law firm is giving gift certificates for a free turkey or ham to the first 50 Capital Region veterans and …

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WGY Logo

Free Easter Hams for Vets

The Easter holiday is a time of rich tradition in the United States. But for the thousands of American troops who will be spending the holiday away from family and friends, it’s no hop down the bunny trail. In honor …

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The Daily Gazette

News of Note for Foodies

If you’re a veteran or a member of a veteran’s family, mark your calendar. Move fast enough and you could find a ham in your Easter basket. The law firm of Tully Rinckey in Colonie is offering a free Easter …

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Army Times

MPs Prepare for the End of ‘Don’t Ask, Don’t Tell’

A military policeman spots two male soldiers in uniform openly kissing and hugging at the post exchange before a woman steps in and slaps one of their faces. What does he do? Welcome to the brave, new post-”don’t ask, don’t …

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WGY Logo

Military Tribunals – WGY Radio

  WGY’s Read Shepherd talks to attorney Greg Rinckey of Tully Rinckey, a former Army JAG, about the differences between putting a defendant on trial before a judge and before a military tribunal. Attorney General Eric Holder has said 9/11 …

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The Great Seal of the State of New York

Mathew B. Tully Speaks at Vet Hill Day at the NYS Capitol

Tully Rinckey Founding Partner, Mathew B. Tully, speaks at a press conference during Vet Hill Day at the NYS Capitol on March 14, 2011.

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Washington Post Today

Court Faults USPS in Firing of Decorated Afghan War Veteran

Uncle Sam can be one generous dude. He allows workers, in the public and private sectors, to be away from their jobs for five years without losing their gigs, if they are on temporary military duty. On top of that, …

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Military.com

Army Looks to Improve Guard Life

Starting next fall, the time a reservist spends at home between mobilizations will increase to four years, the Army Chief of Staff said yesterday during a meeting with members of the Army National Guard in Arlington, Va. Gen. George Casey …

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The Daily Caller

Former Military Lawyers Question Wisdom of Hasan Defense Attorney Blogging About Case

One of America’s highest-profile murder cases gained further notoriety last week when the defense attorney for Major Nidal Hasan, the man accused of killing 13 and wounding 30 in a November shooting at Fort Hood, Texas, publicly expressed his indignation …

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spotlight_news

Tully Promoted to Lt. Colonel

Tully Rinckey PLLC Founding Partner, Mathew B. Tully, ofNiskayuna, has been promoted to the rank of Lieutenant Colonel by the New York Army National Guard. Officers in the grade of Lieutenant Colonel serve as senior leaders and managers throughout the …

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Burn_Pit

Supreme Court and Federal Circuit Rule for Veterans in Two Cases

You may recall the sad story of Mr. Henderson that I talked about in this post. The basic facts were relayed in the lower court opinion: Mr. Henderson served on active military duty from 1950 to 1952. He was discharged …

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StarsStripes_logo

Court Rules ‘Excessive’ Military Absence no Justification for Firing

The U.S. Postal Service’s decision to fire an Army National Guardsman for “excessive absence due to military service” violated federal laws protecting servicemembers’ civilian jobs, a federal appeals court ruled on Monday. The decision is the latest victory for former …

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Federal Times Logo

Court Rules in Favor of National Guard Vet Fired by Postal Service

A federal court on Feb. 28 ruled in favor of a veteran who was fired by the U.S. Postal Service after he had spent nearly six years on active National Guard duty. The U.S. Court of Appeals for the Federal …

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Military.com

SpecOps Soldier Wins USERRA Case

A National Guard Special Forces Soldier fired by the U.S. Postal Service for “excessive absence due to military service” has won a court decision that could mean more than $1 million in back pay and a new job. Sergeant Maj. …

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Army Times

Court Rules Army Reservist Was Wrongfully Fired

In a decision that could cost the U.S. Postal Service more than $1 million, a federal appeals court has ruled in favor of an Army Reserve sergeant major who alleges he was fired from his job as a postal worker …

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Government_Executive

Court Cases Reaffirm Law Prohibiting Discrimination Against Workers Serving in the Military

The law protecting the jobs and benefits of employees on active or reserve military duty received a boost earlier this week from two separate court decisions. The rulings, handed down in separate cases by the Supreme Court and the U.S. …

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Albany Chamber of Commerce Logo

Mathew B. Tully Promoted to Lieutenant Colonel

It’s considered to be the hallmark of a successful military career. Tully Rinckey PLLC Founding Partner, Mathew B. Tully, has been promoted to the rank of Lieutenant Colonel by the New York Army National Guard. Officers in the grade of …

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Albany Times Union

42nd Infantry Division Commander Warns His Second Star

Steven Wickstrom of Upton, Mass., commander of the Troy-based 42nd Infantry Division, was promoted to major general. His wife, Collette, pinned his two-star rank on his uniform during a Feb. 12 ceremony at the Glenmore Armory in Troy. Maj. Gen. …

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The Saratogian

The Flip Side of New Jobs: New (Information) Leaks

Jobs, jobs, jobs. Consider it the theme for 2011 — one President Barack Obama stressed in comments he made last month during his visit to GE Energy in Schenectady and in his State of the Union address. As of December, …

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Christopher Graham

DC Moves

Christopher Graham joins Tully Rinckey’s Washington office as of counsel to the firm. Christopher Graham, 64, will focus his practice on national security law, representing employees and government contractors in security and facility clearances. Previously, Graham was an administrative judge …

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Albany_Law_School

Panel Discussion on Legal Issues Affecting U.S. Veterans

Three student organizations will hold an event to explore the law as it relates to more than 34 million U.S. military veterans and surviving spouses on Monday, Feb. 28, at 7:00 p.m. in Albany Law School’s Mathew Bender Courtroom. A …

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law_marketing

Tully Rinckey Does Well by Doing Good

The 35-lawyer litigation law firm Tully Rinckey donated 30 new coats for homeless veterans as part of the Albany Housing Coalition effort, which has helped more than 400 vets. One of the firm’s name partners, Mathew Tully, is a veteran …

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The Daily Gazette

Harassment Alleged Over Retired Gloversville Firefighter’s Guard Service

A federal court trial begins Feb. 14 in Utica on claims from a retired Gloversville firefighter that he was passed over for promotion to captain and also frequently harassed because of his service in the Air National Guard. Kyle Partlow, …

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Make_a_Wish

Adopt An Angel Campaign Corporate Challenge Partners

Seven area organizations demonstrated their commitment to the local community by participating in the Make-A-Wish Foundation® of Northeast New York 2010 Adopt An Angel® fundraising campaign. The campaign ran from November 18, 2010 through January 2, 2011. All proceeds will …

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  • Tully Rinckey PLLC “Goes Red for Women”

    In an effort to raise awareness about heart disease in women, Tully Rinckey PLLC was proud to support National Wear Red Day on February 4, 2011. Employees were encouraged to wear red and donate to the American Heart Association, which …

  • A “Warm” Holiday Gift From Tully Rinckey PLLC

    In the holiday spirit the firm donated 28 coats to homeless veterans living in a transitional shelter in Albany this morning. Photos are below of Albany County Executive Mike Breslin, Albany Housing Coalition’s Executive Director Joseph Sluszka, residents of the …

  • Tully Rinckey “Goes Purple”

    In an effort to help Shine a Light on Domestic Violence, employees at Tully Rinckey PLLC are “going purple” for a good cause. The law firm held it’s first-ever “Go Purple” day, where employees were encouraged to wear purple and …

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