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It’s That Time of Year – Why You Should Review Your Separation Agreement or Divorce Judgment Annually
By Jennifer Corcoran When this time of year rolls around, people begin to compile documents for their taxes, review year-end statements from various accounts and the like. Other documents you should review yearly include your separation agreement or divorce judgment. …
Service Members’ Rules of Engagement for Valentine’s Day
By Lisa M. Windsor It’s said that love blossoms even in times of war. For the past decade, service members have had to celebrate Valentine’s Day while wars waged in Iraq and Afghanistan. Now with U.S. forces having been withdrawn …
MSPB Empowers Fed Employees Threatened or Intimidated by Customers
By Ryan C. Green, Esq. The U.S. Merit Systems Board (MSPB) recently decided a case on the constructive suspension doctrine. The decision provides greater protections for those federal employees who have been threatened or intimidated by customers and other members …
Whistleblowers Help Government Recover $2.8B in False Claims
By Mathew D. Estes Illustrating how it pays to not let others get away with cheating the federal government, the U.S Department of Justice (DOJ) recently announced that whistleblowers helped it net $2.8 billion in settlements and judgments stemming from …
MLK Day: Black Employees’ Gains in the Fed Gov and the Hurdles that Remain
By John P. Mahoney Martin Luther King Day provides an opportunity to reflect on the gains Black/African Americans have made in the almost five decades since the civil rights leader made his “I have a dream” speech. In the federal …
Employment Practices, Not Just Politics, Behind Mounting Hostility on Capital Hill
By Rachelle S. Young To say Capital Hill is becoming an increasingly hostile place is now an understatement, with a new report showing a dramatic increase in harassment and discrimination claims made by legislative branch employees. The number of legislative …
New Year Brings New Set of Wage Notification Obligations for NY Employers
By Michael W. Macomber On Dec. 10, 2010, then-Gov. David Patterson signed into law the Wage Theft Protection Act (WTPA). The act amends a number of provisions in New York’s Labor Law and has the stated aim of expanding “the …
New Law Separates Home Improvement Contractors from Mortgage Brokers
By Douglas, J. Rose Starting early next year Capital Region home improvement contractors must be careful with how they interact with mortgage brokers. Under a new state law that takes effect Jan. 6, 2012, home improvement contractors and their agents …
New Law Curbs NY Agencies’ “Gotcha” Tactics for Minor Small Biz Violations
By Douglas J. Rose New York regulators are notorious for their unforgiving approach toward businesses that have been found to have committed minor or technical violations. However, a new law could have agencies showing a little more mercy and granting …
Tully Rinckey Steps Up Efforts to Aid Homeless Veterans
The U.S. Department of Housing and Urban Development recently reported the findings of a one-night survey taken last January that over 636,000 people were homeless nationwide, down 2.1 percent from a year earlier. Veteran homelessness declined even further since January …
Giving Gifts, Receiving Trouble: Holiday Hazards for Fed Employees
By John P. Mahoney Americans are expected to spend an estimated $465.6 billion this holiday season, according to the National Retail Federation. For many consumers, a chunk of the average $704 they expected to spend on gifts and seasonal merchandise …
Pricey Gifts for Superiors Land Service Members on Military’s Naughty List
By Lisa Marie Windsor ‘Tis the season for giving. Service members, however, must be very careful when giving gifts to superior officers, because when such presents are too valuable they could land subordinates on the military’s naughty list. As many …
Whistleblower Reprisals Up, 1 in 4 Fed Employees Just Take It: MSPB
By Joanna S. Friedman According to a recently released U.S. Merit Systems Protection Board (MSPB) study, more federal employees claim they have been subjected to or threatened with reprisal for reporting wrongdoing of management in the federal government. Further, the study illustrates …
Snow, Traffic Tickets to Pile up as Road Conditions Worsen
By Thomas J. Carr With the cold weather finally setting in for good, Capital Region drivers still have time to take preventative steps that could save them from costly traffic tickets and motor vehicle accidents. By making sure their cars …
Stakes Run High in Civil Litigation: Study Shows 1 in 7 Civil Trials Appealed
By Douglas J. Rose Very few civil lawsuits ever make it to trial. In an overwhelming majority of cases, the parties involved in civil litigation decide to settle their dispute rather than risk letting a judge or jury decide the …
VA Can’t Say Definitively Its Nursing Homes Have Bucked Deficiencies: GAO
By Greg T. Rinckey The U.S. Department of Veterans Affairs still cannot provide assurances that patient care problems identified years ago at some of its 132 nursing homes have been resolved, according to the federal government’s watchdog agency. In a …
Tougher DWI Laws Drive up NYS Interlock Ignition Device Installations in 2010
By Thomas J. Carr Illustrative of how states are increasingly relying on interlock ignition devices (IID) to fight drunk driving, the estimated number of currently installed IIDs in vehicles throughout the nation jumped by 17 percent over the year, according …
Census Stats Show Pregnant Women Make Workplace Gains, Setbacks Too
By Michael W. Macomber Providing some bright news for soon-to-be mothers striving to achieve a balance between work and family, the latest U.S. Census Bureau statistics show that over the past two decades the percentage of women who worked during …
House Passes Bill to Extend Hostile Work Environment Protections to Service Members
By Greg T. Rinckey Service members who felt vulnerable after a federal appellate court earlier this year ruled the Uniformed Service Employment and Reemployment Rights Act (USERRA) does not protect them from hostile work environments now have reason to be …
OPM and EEOC Join Forces in Effort to Close Gender Pay Gap
By Corinna A. Ferrini Nearly a half-century after the Equal Pay Act of 1963 was enacted, the federal government is still scratching its head over how to close the gender pay gap in the federal civil service. Two federal agencies, …
First-time Homebuyers Cautious in 2010 Despite Golden Opportunities
By Graig F. Zappia Lacking the federal incentives that enticed them into buying homes in force in 2009, first-time homebuyers in 2010 became scarcer in real estate markets nationwide, according to a National Association of Realtors study. Even without the …
Whistleblowers with Security Clearance Prone to Retaliatory Indefinite Suspensions
By John P. Mahoney, Esq. The agency responsible for protecting federal whistleblowers is warning that federal employees who blow the whistle and hold security clearance are vulnerable to retaliation from managers. The agency, the Office of Special Counsel (OSC), cautioned …
More Couples Eyeing Divorce Earlier in Their Marriages
By Barbara J. King Forever is turning out to be much shorter than expected. Newlywed couples are increasingly opting to dissolve their unions not long after walking down the isle. Sometimes spouses are overwhelmed by the responsibilities of marriage. Other …
Domestic Violence Victims Find Hope in No-Fault Divorce
By Lori N. Bovee In 2010, New York became the last state to allow no-fault divorce. In order to get a divorce prior to the passage of no-fault last year, spouses had to either live apart for a year after …
KIA Bracelets Receive Corps Commandant’s OK
By Greg T. Rinckey The Marine Corps has backed away from a ban against bracelets honoring fallen comrades. Service members, nevertheless, need to beware that other slight modifications to their uniforms can still get them in trouble. On Oct. 18, …
Occupy Wall Street Highlights High Unemployment of Younger Workers
By Graig F. Zappia Federal Law Doesn’t Shield Young Workers from Age Discrimination, State Law Does While much of the “Occupy Wall Street” movement remains an enigma, particularly its goals, it is pretty clear that there are many upset young …
OSC Seeks Smaller Clubs to Beat Hatch Act Violators
By Neil A.G. McPhie The federal agency charged with cracking down on government employees who unlawfully mix work and politics is asking Congress to cut federal employees a break. With the 2012 presidential election a little more than a year …
Federal Commissioned Officers Score Protections Against Discrimination
By Mathew B. Tully Federal commissioned officers, who seven years ago saw their protections against discrimination severely curbed, can now go on the offensive thanks to recent decision from the U.S. Merit Systems Protection Board (MSPB). Due to a loophole …
CAAF Bolsters Alleged Sex Assault Offenders’ Ability to Confront Accusers
By Greg T. Rinckey In a ruling that could have broad impacts on military rape cases involving married victims, a divided U.S. Court of Appeals for the Armed Forces (CAAF) ruled in U.S. v. Ellerbrock that a military judge violated …
Don’t Drop the Ball When Requesting FMLA Deployment-Related Leave
By Mathew B. Tully Federal employees have long had to juggle work, home and financial responsibilities, along with parting goodbye to loved ones, when family members were called to active duty in the armed forces. Soon, changes to the Family …
CDC: Bad Economy Takes Toll on DWI
By Thomas J. Carr NY Has Lowest Rate of Alcohol-Impaired Driving Episodes, MA Has Third Highest The economic downturn appears to have hit the brakes on drunk driving, resulting in a 30 percent decline in self-reported, alcohol-impaired driving episodes between …
Study Links Economic Stress to Child Abuse
By Barbara King The recent recession has taken a heavy toll on marriages nationwide, displacing many families and creating rifts between spouses facing financial dire straits. Now a new study is illustrating the toll the recession has taken on children, …
Don’t Make Getting Arrested for Underage Drinking a Homecoming Tradition
By Thomas J. Carr, Esq. Homecoming weekend is fast approaching for many schools around the state. By the end of this celebratory tradition there will be a new set of champions among rival football teams and a new lineup of …
White House Takes On Diversity in the Government Workplace, Hiring/Appt. Discrimination Complaints Rise
By Mathew B. Tully Diversifying the federal workforce remains a work in progress. This point is evidenced by the Executive Order signed by President Barack Obama on August 18, 2011 (“EO 13583”). This EO is one of many passed by …
Misbehavior by a Sentinel Charge Does Not Apply to Stoners: Navy-Marine Court
By Greg T. Rinckey Congress and the president have an “I told you so” coming their way after a Marine lance corporal avoided conviction for misbehaving as a sentinel despite the fact he bought and smoked hashish while on guard …
Security Clearance Adjudicators Giveth in 2010, and Taketh Away
By Christopher Graham Highlighting how people must fight harder to obtain or retain security clearances, a new report shows that the ranks of federal employees and contractors with various levels of clearances only marginally increased or decreased in the 2010 …
Property Crimes Up in Greater Capital Region as Economy Struggles
By Thomas J. Carr The greater Capital Region became a less violent place in 2010, but overall criminal activity rose due to a startling increases in property-related crimes, according to an analysis of statistics from the New York State Division …
MSPB: Perceived Whistleblowers Can Be Protected from Retaliation
By Ryan C. Green Perception can mean protection. That is the message the U.S. Merit Systems Protection Board (MSPB) sent when it decided to give a former U.S. Department of Veterans Affairs employee whistleblower protections as she attempted to reenter …
Ranks of Super Lawyers at Tully Rinckey Grow in 2011
Providing further proof that Tully Rinckey PLLC is not only growing in size but also in respect among other upstate attorneys, four firm partners have been named “Super Lawyers” by a major brand in lawyer ratings for consumers. Super Lawyers, …
1st Cir: Employer $tuck with State and Fed Damages for Discriminating Against Guard Member
By Mathew B. Tully A federal appellate court shot down a Massachusetts sprinkler company’s attempt to curtail the amount of damages a service member could recover from it not only for violations to Uniformed Services Employment and Reemployment Rights Act …
Hate Crime Incidents Spike in Capital Region
By Thomas J. Carr Incidents of hate crime in the Capital Region rose at a higher rate than the state in 2010, according to new statistics from the New York State Division of Criminal Services. While hate crime incidents only …
Armed Forces Med Examiner Records High Positive Test Rates for Spice
By Lisa M. Windsor Six months into the federal government’s blitz on designer drugs, the military is making inroads in detecting synthetic marijuana users within its ranks. Citing statistics from the Armed Forces Medical Examiner System, Air Force Times reported …
2nd Cir. Decision Marks Big Win for Reservists with Commission-Based Jobs
By Mathew B. Tully A federal appellate court has handed a huge legal rights bonus to service members who leave commission-based jobs to actively serve in the military. The court found Wachovia Securities LLC violated an Air Force reservist’s rights …
Perceived Prohibited Personnel Practices Hits 18-Year Low, Problems Persist
By Joanna S. Friedman A new U.S. Merit Systems Protection Board (MSPB) study finds that federal employees’ perception of the occurrence of prohibited personnel practices (PPP) is at an 18-year low. While it is nice to see employees believe PPPs …
Relocation and School Residency Requirements
By Theresa Wells The relocation of one party after a divorce has become increasingly more common. Generally the issue of relocation occurs after a divorce judgment or custody decree has been rendered and one parent decides to move their residence. …
Exam Cheating Sinks Conn. Submariners
By Greg T. Rinckey A new front has emerged in the military’s fight against exam cheaters. This time it involves a Navy submarine, and there are indications the cheating might not be an isolated incident, according to an Associated Press …
4th Circuit: Job Candidates Can’t Sue Prospective Employers for Retaliation over Past Overtime Complaints
By Graig F. Zappia After 14 long years, employers have finally received a reprieve from the expansion of employees’ protections against retaliation. A federal appellate court recently ruled that a worker cannot sue a prospective employer who allegedly refused to …
USAFCCA: Small Sums Swiped Can Cost Service Members Their Military Careers
By Lisa M. Windsor Service members should be very careful about “self help” in recovering funds loaned to someone else, because, as a recent U.S. Air Force Court of Criminal Appeals (USAFCCA) ruling illustrates, wrongful repossession of as little as …
USCAAF: Government Cannot Be Coy When Charging Adultery
By Greg T. Rinckey In a significant win for service members’ due process rights, the U.S. Court of Appeals for the Armed Forces (USCAAF) on Aug. 8 set aside a Marine drill instructor’s adultery conviction and sentence because the specification …
Military Confronts Rampant Alcohol Abuse
By Greg T. Rinckey More Service Members in Need of Counseling, Effective Legal Representation Military leaders are stepping up efforts to address service members’ alcohol abuse problems, which have spread throughout the armed forces during years of exposure to stressful …
MSPB Orders Army to Return Whistleblower to Former Position in Ingram
By Matthew D. Estes The U.S. Merit Systems Protection Board (MSPB) recently found that the Department of the Army illegally retaliated against an employee who blew the whistle on potential ethical violations and security risks posed by a planned medical …
Court Rejects Mothers Bid to Block Sons From Staying With Killer Stepparent
By Barbara J. King An Oregon mother’s unsuccessful fight to prevent her sons from staying with her ex-husband and his child killer wife highlights how a stepparent’s criminal history can play into child custody disputes. The custody dispute between Trisha …
Army Goes After Bad Apples Amid Troop Withdrawals From Iraq/Afghanistan
By Greg T. Rinckey Army soldiers who have managed to avoid getting kicked out of the military despite their illegal drug use or other misconduct will be falling into the crosshairs of commanders whose priorities are being reshuffled as the …
New Law Adds Potential Hurdle to Validating Wills
By Graig F. Zappia The process of validating a last will and testament could become a little more complicated by legislation Gov. Andrew Cuomo signed into law on Aug. 3. The new law expands the list of people who can …
Crackdown on Spice Hinges on Marines Outing Marines
By Lisa M. Windsor A U.S. Marine Corps initiative intended to overcome the cultural negativity attached to “snitching” is being tested in Japan and is being eyed as a model for the force in its fight against rampant use of …
Skeptical Military Judges Can’t Fish for More Serious Charges During Guilty Pleas
By Lisa M. Windsor Standing before a judge at court-martial is never easy, especially when a service member is pleading guilty to a charge. It becomes an even more daunting matter when that judge expresses skepticism over the charge to …
Fed Employees Have a Right to Respond to Rumors behind Removal Actions
By Neil A.G. McPhie Rumors have a way of spreading around federal offices like wildfire. Often they provide titillating or shocking bits of information about management decisions and co-workers’ personal affairs. Sometimes federal employees can even find themselves losing their …
Study Reveals Nearly 100% Job Security Rate for Fed Employees
By Neil A.G. McPhie Termination Actions Still Need to Be Aggressively Challenged A new study shows federal employees enjoyed a 99.43 percent job security rate in the 2010 fiscal year and suggests some of them are more likely to die …
Household Income of College Educated Cohabitators Surpasses Married Couples
By Barbara J. King But Without a Cohabitation Agreement, Cohabitators Risk Great Financial Loss A new Pew Research Center study shows that college-educated, unmarried couples between the ages of 30 and 44 years old have a 5 percent household income …
Army Prohibits Use of Prescription Drugs 6 Months after Exp. Date
By Greg T. Rinckey Soldiers need to start paying closer attention to the dispense date on their prescription drugs. Their military careers could be in jeopardy if they use prescription pills more than six months after the dispense date and …
OSC Sees Dramatic Increase in Fed Whistleblower Disclosures in FY2010
By John P. Mahoney In a sign that federal employees are becoming more sensitive to the nation’s need to rout government waste, fraud, and abuse, the U.S. Office of Special Counsel (OSC) reported a 33 percent increase in federal whistleblower …
Law Prohibits Public Employers from Laying Off Service Members on Active Duty
By Mathew B. Tully New York public employees who took leave to serve their country have less reason to worry about losing their civilian employment due to the consolidation, abolishment, displacement or demotion of their positions under legislation (A.1428-B) Gov. …
A Double Decker “Sandwich” – Single Parenting while Caring for Aging Parents
By Jennifer J. Corcoran As the baby boomers begin to reach their mid-50’s and 60’s, many are finding themselves in a place they never imagined – divorced/separated and raising a child/children (or grandchildren) as a single parent, while at the …
Fed Official’s Lie Keeps Discrimination Suit Alive
By Joanna S. Friedman Federal management officials who participate in the hiring process for a job vacancy and give contradictory explanations for their reasoning in not selecting qualified candidates may result in establishing that the process was discriminatory. A recent …
New Law Makes Texters Behind the Wheel Become Fair Game for Police
By Thomas J. Carr Texting while driving is now an even riskier practice on New York roads with Gov. Andrew Cuomo signing into law legislation (S.5643) that allows law enforcement officers to pull over drivers solely for using hand-held electronic …
Region Counties Vary Greatly in Convicting Drunk Drivers with Child on Board
By Thomas J. Carr More than 18 months into New York State’s imposition of tougher sanctions on people who drive drunk with a child in their vehicle, many Capital Region counties are showing mixed results in securing convictions under the …
Unique Summer Wedding Season Underway
By Jennifer J. Corcoran All Couples Should Consider Additional Steps to Properly Prepare for Their Future June has traditionally been the most popular month for weddings, but with a new law legalizing same-sex marriages scheduled to take effect on July …
Path Least Taken No More: More Sex Assault Cases Take Court-Martial Route
By Greg T. Rinckey Earlier this year, 17 active duty and veteran service members sued top Pentagon officials for allegedly failing to adequately address sexual assault in the military. The plaintiffs in the case – including 15 women and two …
Coast Guard Convictions Highlight Aggressive Crackdown on Hazing
By Greg T. Rinckey The courts-martial of seven Coast Guardsmen convicted of hazing other sailors are highlighting how the armed forces are demonstrating little restraint in their effort to aggressively enforce a zero-tolerance policy against the brutal and demeaning practice. …
Study Examines Impacts of Malignant Pleural Mesothelioma on Vets
By Greg T. Rinckey A new study sheds light on the impact of a lethal cancer on veterans. The study covers Malignant Pleural Mesothelioma (MPM) and its effect on veterans, particularly Caucasians in their early 70s. The study illustrates the …
U.S. Supreme Court Wal-Mart Ruling Emphasizes Need for Targeted EEO Complaints
By John P. Mahoney The U.S. Supreme Court’s refusal to let a handful of current and former Wal-Mart Stores employees represent 1.5 million female workers employed by the mega retailer in a class action lawsuit is not marking the beginning …
Parents Beware: Driving Home Drunk from Family Getaways Carries Heavier Penalties
By Thomas J. Carr Summer is fast approaching. Capital Region parents will soon be spending quality (and hopefully some relaxing) time with their children at the lake or any of the area’s many summer festivals. But parents will also be …
U.S. House: Give Special Consideration to Foreclosed Service Members with Security Clearance
By Christopher Graham For members of the armed services, a foreclosure often represents a kiss of death for their security clearance and, consequently, their high-paying jobs. That, however, could change under legislation recently approved by the U.S. House of Representatives. …
Single Dads Continue to Emerge as a Growing Force in American Families
By Theresa Wells Single dads primarily raising children will be receiving recognition this Father’s Day, not only for their tireless efforts to care for their children but also due to the fact that there are many more of them nationwide. …
Ask the Lawyer: “Little White Lies” Not Worth the Risk of an Article 107
By Mathew B. Tully Q: How much trouble would I get into for telling a lie, or stretching the truth, on a military form? A: In the military, even what some might consider innocuous “little white lies” can stain your …
2nd Cir. OKs Termination Notice Given to Iraq Vet 3 Days into Reemployment
By Mathew B. Tully In a ruling that could embolden employers eager to shed employees who have been repeatedly called to military service, the 2nd Circuit Court of Appeals on May 31 said a Connecticut dental group did not violate …
USCAAF: No Smoking Gun Necessary for Desertion Conviction
By Greg T. Rinckey The nation’s highest military court has sent a clear message to service members believing they can avoid desertion convictions by telling no one of their intent to permanently stay away from the military: such smoking gun …
Breast Cancer Cited in Case in which Mom Loses Primary Custody of Daughters
By Barbara J. King A North Carolina judge’s decision to deny a mother primary custody of her two young daughters, in part because she is diagnosed with terminal breast cancer, has shocked many parents and begs the question of whether …
Fed Cir. Boosts Fed Employee’s Testimony in IRS Demotion Dispute
By John P. Mahoney An IRS agent who claims he was caught in the trap of following a supervisor’s verbal instructions that contradicted agency policies has received a boost from a federal appellate court that rejected a U.S. Merit System’s …
Albany County DA Pressures Drivers into Taking Breathalyzer Tests
By Thomas J. Carr The stakes for saying no to breathalyzer tests in Albany County are being raised with Country District Attorney David Soares saying his office will cease entering plea bargains for drivers who refuse to submit to the …
Court: USERRA Doesn’t Guard GIs Against Hostile Work Environments
By Mathew B. Tully For the first time, a federal appellate court has weighed in on whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members from hostile work environments in which their military duty is the …
Docs Obtained through FOIA Can’t Be Used for Qui Tam Actions
By Greg T. Rinckey Prospective whistleblowers intent on taking legal actions against contractors who fraudulently bill the U.S. government will have to compile evidence for their cases without documents they requested from federal agencies because of a recent ruling by …
Oregon Grocer Fails to Check Out USERRA, Ordered to Pay Vets’
By Mathew B. Tully In yet another instance of veterans’ rights under the Uniformed Services Employment and Reemployment Rights Act being grossly violated, Oregon’s Department of Justice and the Department of Veterans’ Affairs recently announced that the Fred Meyer supermarket …
NY Top Court Blocks DA’s Bid for Harsher DWI-Related Penalties
By Mathew B. Tully A downstate district attorney office’s attempt to push the envelope on how severely drunk drivers can be punished for driving while intoxicated with a conditional license failed when New York’s highest court shot down the effort. …
Fed Agencies Warn Against Prez Candidate Pics as Election Season Heats Up
By Joanna S. Friedman Right now, the list of political candidates whose pictures cannot grace agency walls or the desks of federal employees is short, but as the presidential campaign heats up over the coming months it may grow substantially. …
Former Lesbian West Point Cadet Provides Cautionary Tale for DADT Repeal
By Greg T. Rinckey By having her readmission application to West Point rejected, a lesbian cadet who resigned from the academy last year is providing a poignant reminder that the military’s “Don’t Ask, Don’t Tell” (DADT) policy remains in effect. …
On Mother’s Day, Many Moms Are Not Getting What They Deserve: Child Support
By Theresa Wells Mother’s Day is just around the corner and moms across the nation are getting ready to receive a little of what they deserve. For some, it might be a day off from cooking or cleaning; for others, …
Whether Obtained Through Luck or Death, Planning is a Must for Windfalls
For some people, large sums of money come through luck. For most others, it comes through inheritance or a result of the death of a friend or family member. Whether such a windfall comes from lottery winnings or an inheritance, …
Consumer Debt Shrinking, Federal Employees’ Security Clearance Remains at Risk
By John P. Mahoney The nation’s debt crisis continues to subside in 2011. Last February, not only did foreclosure filings nationwide fall to a 36-month-low but Americans’ credit card debt also shrank for the 29th time in the past 30 …
IRS Whistleblower Law Finally Pays Off and Pays Out $4.5M
By Matthew E. Estes Better late than never. The IRS has cut its first check under a 4-year-old whistleblower program that targets major tax cheats. According to a recent Associated Press report, the IRS has sent a $3.24 million check …
Phantom Stock Could Ward Off Top Talent Poachers
Capital Region employers need to be put on alert: it’s poaching season. As the economy slowly recovers from the recession, many managers at rapidly rebounding businesses, particularly those in the technology sector, are preparing to lure away, or “poach,” top …
4th Circuit: Keep Qui Tam Complaints Temporarily Sealed
By John P. Mahoney A divided federal appellate court has ruled to preserve provisions in the False Claims Act that require whistleblowers’ complaints to be temporarily sealed and that have helped the federal government vastly increase the amount of funds …
Land Use Disputes Start Budding with Spring Chores
By Douglas J. Rose With the arrival of spring, the last patches of snow melt, the frozen earth loosens up, and homeowners will soon be able to start tackling their spring chores. Neighbors need to be careful as they go …
Video Raises Questions Over Shen Principal’s Use of Force to Break Up Fight
By Michael W. Macomber The viral distribution over the Internet of a video showing a Shenendehowa school district supervisor using physical force to break up a fight between two girls is raising questions over the potential liabilities attached to such …
New Definition for “Estate” Threatens NYers’ Long-Term Care Plans
With a definition change in the $132.5 billion state budget the Legislature passed last week, New York has declared it is open season on many of the assets of deceased individuals that normally fell outside of the reach of Medicaid …
U.S. Special Counsel Looks Bullish on Hatch Act Violations in 2011
By Joanna S. Friedman With government workers coming under intense public scrutiny and the presidential campaign season expected to heat up this summer, federal employees need to be careful about engaging in political activities. The U.S. Office of Special Council …
U.K. Couple Wins Breach-of-Contract Case over “World’s Worst Wedding Video,” Cheated U.S. Newlyweds Have Recourses Too
By Douglas J. Rose News from Britain is showing that a newly wed couple recently won a breach-of-contract lawsuit against their wedding videographer, fulfilling the dream of many married Americans who have wanted to cry after watching shoddily produced videos …
BRAC Presents Job Opportunities for Workers with Security Clearance
By Christopher Graham With the U.S. Department of Defense consolidating several organizations and relocating them to Fort George G. Meade in Maryland as a result of the Base Realignment and Closure (BRAC) process, many job seekers could miss out on …
More Female GIs Fall in Crosshairs of Divorce
By Barbara J. King For a startlingly high number of women, married life does not go hand-in-hand with military life. That is according to new Pentagon statistics that show the divorce rate of female service members is more than two …
Renegade Squirrel Offers Reminder of Pet Owner Liabilities
A grey squirrel that is believed to have been domesticated but is now menacing residents of a southern Vermont community is providing a cautionary tale about the liabilities people may face if their pets escape or are set loose and …
“Kegs and Eggs” Bystanders Are Not Guilty by Association
By Thomas J. Carr With the Albany Police Department casting a wider net in it attempts to apprehend college students who engaged in criminal activity during last Saturday’s “kegs and eggs” riot, many people present at the drunken melee on …
DoD Conducts First Major Post-9/11 Survey of Guard and Reserve Employers
By Mathew B. Tully For the first time since the nation entered sustained military operations nearly a decade ago, the U.S. Department of Defense this month began its first large-scale, nationwide survey of the employers of Guard and Reserve members. …
New Tax Law Sweetens Incentives to Give to Charities and Children
It’s starting to look like 2011 could be a brighter fundraising year for charities, which are due for a much-needed boost after pushing through the dark years of the recession. Recent changes to federal tax laws pertaining to gifts, coupled …
Supreme Court Sides with Reservist in Job Discrimination Suit, Bolsters USERRA
By Mathew B. Tully The nation’s highest court on Tuesday armed reservists with a shield to protect them against co-workers who are bitter over service members’ military obligations and try to undermine their civilian employment. In a decision that bolsters …
One-third of Joint Account Holders Keep $ecrets from Spouse or Partner
By Barbara J. King Some say there are secrets to a happy marriage, but a recent study leaves no doubt that financial secrets are definitely not among them. Such secrets can actually play a greater role in divorce. According to …
Report: Whistleblowers Are in the Rough at SBA
By John P. Mahoney It’s starting to look like the Small Business Administration has a BIG problem on its hands. Federal News Radio 1500 AM in Washington D.C. earlier this month aired an investigative series titled Discouraged and Disrespected at …
Massive Medicare Fraud Sting Should Embolden Whistleblowers
By Greg T. Rinckey Federal authorities upped the ante in their effort to curb Medicare fraud by carrying out Thursday the largest U.S. health care take down. The nine-city sting operation led by the Medicare Fraud Strike Force netted 111 …
Warranties Carry Weight When Consumers Ask “Where’s the Beef?”
By Douglas J. Rose A class action lawsuit was filed last month in California accusing Taco Bell of false advertising and selling tacos with beef mixtures that were more filler than beef. Consumers have been trying to figure out whether …
Drivers Face a Harder Road If Caught Talking on Their Cell Phones
By Thomas J. Carr New Yorkers will soon have to decide whether it is more important for them to talk on the phone while driving or to have a valid driver’s license. Beginning on February 16, 2011, drivers who are …
Park Police Chief Case Shows Complexities Whistleblowers Face in Talking to the Press
By Greg T. Rinckey Almost seven years after a U.S. Park Police chief lost her job after talking to a Washington Post reporter about her agency’s dire need for additional resources, the U.S. Merit Systems Protection Board last month ruled …
Old Man Winter Could Cost You; Snow and Ice Present a Laundry List of Liability Concerns
Mother Nature this morning unleashed the first of two storms, which over the next two days are expected to blanket parts of the Capital Region with up to two feet of snow. The storms, undoubtedly, will leave in their wake …
Preparing Now for the Long Term
Irving and Myrna Richman bought long-term care insurance policies in the 1980s. Although they expected to retire with a few million in assets, they wanted to make sure their estate was secure for their daughter. Myrna paid premiums on her …
Shooting At Local Club Raises Issues of Liability
By Douglas J. Rose A recent shooting at a local Albany nightclub has many people asking the same question: what are the responsibilities of the owners? On December 4, 2010, at approximately 2:30 a.m., two patrons at the Plastic nightclub …
Court-Appointed Guardians Steal to Pay for Exotic Dancers and SUVs
CNN reported that a recent investigation by the Government Accountability Office found allegations of elderly abuse by legal guardians in 45 states and the District of Columbia. Guardians were allegedly appointed without proper screening and began stealing assets while courts …
High Lead Level at Capital Region School Raises Questions
By Douglas J. Rose High levels of lead have reportedly been detected on some window sills and outdoor columns at Berlin Elementary School. The school had the test administered this summer and parents were notified of the results late last …
Major Hit for Drug Manufacturer
Recently, the New York Times reported that GlaxoSmithKline, one of the largest drug producers in the U.K., has agreed to pay $750 million to settle civil and criminal complaints that it for several years sold contaminated and ineffective products to …
New Spousal Support Guidelines Have Taken Effect in New York
By Barbara J. King The second phase of the recently signed divorce reform package took effect last week, setting guidelines for temporary spousal support. The formula, which determines how much the lesser earning spouse receives during the divorce process, creates …
Alleged Secret Broadcast of Sexual Encounter Leads to Suicide
By Thomas J. Carr An 18-year-old Rutgers University student jumped off the George Washington Bridge in an apparent suicide last month after his roommate secretly filmed him having a sexual encounter with another male and streamed it live on the …
Hospitals Accidently Leave Foreign Objects Inside Patients After Surgery
A patient safety analysis conducted by the Niagara Health Quality Coalition for Hearst Newspapers found 84 instances of foreign objects being left inside the body after surgery at New York hospitals in 2009. Forgotten items typically included sponges, clamps, drill …
Sleep Tight… Don’t Let the Bed Bugs Bite
The conclusion of that rhyme has been told to children for countless years, always without a second thought. Until recently, when the bed bugs really did begin to bite. There has been a marked increase in reported cases of “bed …
Mosque Debate Reaching New Level
Unless you have been living under a rock you have no doubt been inundated with discussion of the proposed Islamic Community Center a couple of blocks from the site of the former World Trade Center. Leaving aside personal opinion, there …
Labor Day Serves as Reminder of Federal Employment Leave Rights
For many families, Labor Day marks the end of summer, the start of college football, and an extra day off of work. First established in 1882 in the aftermath of the deadly Pullman Strike, Labor Day originally served as a …
Don’t Get All Your Eggs from One Basket…
Especially if that basket is from one of the farms affected by the recent salmonella outbreak. According to the US CDC at least 1,200 illnesses have been reported since May, with some 550 million (550,000,000) eggs now the subject of …
No Fault Divorce Now the Law in New York
By Barbara J. King With the stroke of a pen, Governor David Paterson has now made the process of getting a divorce much like it is in the rest of the United States. No-fault divorce, which can often streamline the …
Supreme Court to Hear Employment Rights Case
By Matthew B. Estes The Supreme Court of the United States will hear oral arguments in the case of Staub v. Proctor Hospital, No. 09-400. For over a decade, Vincent Staub worked as an angiography technologist at Proctor Hospital in …
Key Component of Arizona Immigration Law on Hold as Debate Over States Rights Ensues
By john P. Mahoney In what has been one of the most debated questions in American political history, the question over state and federal authority is still at the forefront of American political discourse, some 222 years after the ratification …
2010 – A Good Year to Die?
It might come across as morbid, but 2010 is being branded to be a good year to die, especially for those with large estates. The estate tax or “death tax,” was allowed to lapse at the end of 2009, making …
Report Says Number of Federal Employees With Targeted Disabilities Holding Steady
The U.S. Equal Employment Opportunity Commission has recently released its annual report on the federal work force for fiscal year 2009. The report assesses the state of equal employment opportunity throughout the federal work force. The reported cited the fact …
Battle Over Venue in BP Lawsuits
By Douglas J. Rose The BP oil spill, the largest off shore oil disaster in United States history, has touched off a landslide of civil law suits against the company. A panel of federal judges is currently hearing motions on …
High Divorce Rate Leads to a Rise in Prenuptial Agreements
By Barbara J. King With divorce rates for first marriages in the United States at 50%, many couples are now opting for a pre nuptial agreement, often anticipating a less than till death to us part outcome. A prenup is …
Tully Rinckey Gets Vietnam Vet an Increase in Benefits
By Michael W. Macomber A disabled Vietnam Veteran will now receive an increase in benefits as a result of a ruling by the Merit Systems Protections Board. The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive …
20th Anniversary of Americans with Disabilities Act
By Matthew D. Estes This year marks the 20th anniversary of the signing of the Americans with Disabilities Act (ADA) by President George H.W. Bush. The ADA prohibits, among other things, discrimination in employment by private companies and state and …
Growing National Security Apparatus Highlights Potential Roadblocks to Obtaining and Keeping a Security Clearance
By john P. Mahoney A recent Washington Post article detailed what it cites as a top secret national intelligence infrastructure that has been steadily growing since September 11th, 2001. The Post highlights the fact that some 854,000 people hold top …
“A Man’s Home is His Castle” Not Exactly
By Thomas J. Carr The recent incident involving a teenage boy and a Delmar homeowner has sparked a fierce debate among Capital Region residents. The case involved what appeared to be a relatively harmless teenage prank, a group of teenagers …
Area Police Agencies to Conduct DWI Blanket Patrols
By Thomas J. Carr Police agencies around the Capital Region will be out in force this holiday weekend conducting DWI blanket patrols. Expect to see increased road patrols along with DWI checkpoints throughout the area. In Albany County, the patrols …
Family and Medical Leave Act (FMLA)
Tonight was my first night back in the studio after returning home from military duty and I think we picked a great topic to discuss. Joining me to talk about the Family and Medical Leave Act (FMLA), including the new …
Domestic Violence
By Barbara J. King I wasn’t able to be a part of the show this week, but I left the mic in very capable hands. Barbara King, partner at Tully Rinckey PLLC practicing family and matrimonial law, stepped in for …
Race for the Supreme Court Third Judicial District
By Thomas J. Carr Lately it seems like the whole country is focused on the Presidential election – studying the debates, the political ads and the candidates’ platforms. Here in the Capital District, we’ve been having a heated political race …
Bankruptcy
As with last week’s show, our topic tonight could not be timelier with the current economic climate in our country. Bankruptcy is something we all hope we will never have to file for; however, some of us will not be …
Immigration Law
Tonight we discussed the topic of immigration and got into how immigrants can become U.S. citizens, what happens to illegal immigrants if they are caught, and also the process of international divorce. To help us navigate this area of the …
Back to School: Special Education Law
In addition to guest host Barbara King, we were also joined tonight by Albany special education and school law attorney Jennifer R. Sunderlin of Tully Rinckey PLLC. She was on-hand to help explain the rights of children with special needs …
Back to School: Custody Issues
Family and matrimonial attorney Barbara King, partner at Tully Rinckey PLLC, joined us tonight to discuss custody issues now that children are back to school. The new school year means new activities, new friends, and new problems with visitation schedules …
Birth Parents Rights in Adoption
By Barbara J. King One of the big topics we covered in tonight’s show on adoption was the rights of birth parents during the adoption process. In most cases, the rights vary depending on the type of adoption. With an …
Adoption Law
Tonight’s show was all about adoption. Joining us in the studio to help sort through the different types as well as the laws surrounding adoption were family and matrimonial attorney Barbara King, who is a partner at Tully Rinckey PLLC, …
How to Prepare for a Divorce
By Barbara J. King With so many things to deal with when ending a marriage, it’s important to have a knowledgeable attorney in your corner to guide you through the process. That’s why we had Albany family and matrimonial attorney …
Signs of Animal Cruelty
By Mathew B. Tully I have noticed that it has become extremely common to see stories about acts of animal cruelty in the news, with reports appearing almost every day. Given this alarming trend, we thought it would be helpful …
Criminal Law Part 2: Speeding tickets, DWI, Drug Laws in New York State
By Thomas J. Carr There is so much to cover when it comes to criminal law and traffic violations that we thought a second show about DWI myths and tips, drug laws and what you need to know about your …
Divorce Law
There are various legal guidelines and contracts involved with getting a divorce that many people are not aware of. With the help of our special guest tonight, family and matrimonial law attorney Barbara King, I hope we were able to …
Internet Crimes
By Thomas J. Carr The subject of Internet crime is something that has become increasingly popular and more relevant in the current age. As we start to spend more and more time online and the age of children who use …
Supreme Court Decisions: Execution Too Much For Child Rapists?
Tonight we discussed the case of a man who had been convicted and sentenced to death in 2003 for raping his 8-year-old stepdaughter. The Supreme Court overturned the sentence with a 5-4 vote, saying that the death penalty is an …
Supreme Court Decisions: The Gun Ban in D.C.
One of the biggest decisions made by the Supreme Court this term is the lifting of the DC gun ban by a 5-4 vote. It is the first time since 1939 that the Supreme Court has interpreted the Second Amendment. …
Legal Ethics: Do Attorneys Have the Right of Free Speech?
During the show tonight, the area of attorney advertising was discussed and what lawyers are allowed to say and what constitutes as advertising for themselves and for their firm. For me, the real question is whether lawyers can ever truly …
Legal Ethics: Judicial Pay Raises
Recently, a New York State justice ordered a pay increase for the state’s judges. Everyone deserves a raise if they have quality work to back it up, however, when the person issuing the raise is also a recipient, is this …
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People on the Move – Kate McElroy
Date added: May 22, 2012 Submission Type: New Hire Current employer: Tully Rinckey PLLC Current title/position: Marketing Associate Industry: Legal Services Position department: Marketing Duties/responsibilities: As a Marketing Associate Ms. McElroy will concentrate on the firm’s practice in the areas …
Neil McPhie – Ask the Lawyer
By Neil A.G. McPhie Q: What do you do if you accuse an agency of racial discrimination and it responds with some bogus explanation? A: Agencies usually respond to allegations of discrimination made in Equal Employment Opportunity (EEO) complaints with …
People on the Move – Sarah Green
Date added: May 21, 2012 Submission Type: New Hire Current employer: Tully Rinckey PLLC Current title/position: Associate Industry: Legal Services Position department: Legal Duties/responsibilities: Green focuses her practice on family and matrimonial law, criminal defense and civil litigation. She Green …
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Tully Rinckey PLLC “Gives Back”
Tully Rinckey PLLC Chief Financial Officer Jeremy Noble presents a check to the Albany Housing Coalition. The money was raised by Tully Rinckey PLLC employees through a weekly donation box. The firm then adds up the monthly dollars and matches …
Tully Rinckey PLLC “Gives Back”
Tully Rinckey PLLC Chief Financial Officer Jeremy Noble presents a check to the American Heart Association. The money was raised by Tully Rinckey PLLC employees in January through a weekly donation box. The firm then adds up the monthly dollars …
Coats for Veterans 2011
Tully Rinckey PLLC partnered with Dickies Clothing to give 50 coats to veterans in the Capital Region for their second annual “Coats for Veterans” event. Tully Rinckey PLLC Managing Partner Greg Rinckey shakes hands with one of 50 veterans who …
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How Easy Prom Night can End a Good College Future or Career Before it Begins
For many teenagers, one of their most cherished nights will take place over one of the next few weekends. Prom night comes with the hope of memories that will be forever remembered, but one wrong move and an entire future …
Tully Rinckey’s Bankruptcy Practice Just Got Rock Solid
Tully Rinckey PLLC is pleased to announce the addition of Robert J. Rock as Senior Counsel of the firms’ bankruptcy practice. Mr. Rock will be representing creditors and debtors in Chapter 7 and Chapter 13 bankruptcies. In addition, he will …
Children Now Control the City
Children inside the Campus Children’s Center on the state campus in Albany walked into a city full of surprises Thursday morning after employees at Tully Rinckey PLLC presented them with their very own metropolis – trees, traffic, tall buildings and …
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Real Estate Closings for the Non-Real Estate Attorney – June 19, 2012
Presenter: Graig F. Zappia, Esq. Date: June 19, 2012 Time: 6:00-7:00 p.m. Skills: 1 CLE Credit Hour Click here to view Graig’s biography. If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or e-mail CLE@tullylegal.com. RSVP …
National Training Program – Federally Employed Women – July 16-20, 2012
Joanna S. Friedman, Esq. will be presenting on several topics regarding EEO Rights for the Federally Employed Women’s 2012 National Training Program in Detroit, MI. Joanna will provide training on topics ranging from EEO Complaints to Employee Relations and Security …
Legal Ethics: Duties to Clients – July 17, 2012
Presenter: Douglas J. Rose, Esq. Date: July 17, 2012 Time: 6:00-7:00 p.m. Ethics and Professionalism: 1 CLE Credit Hour Click here to view Doug’s biography. If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or …
