Underberg & Kessler LLP

Congratulations to Joshua B. Beisker, Leah Tarantino Cintineo, Patrick L. Cusato, and Paul F. Keneally for being selected to the 2024 Rochester Business Journal and The Daily Record Power Lists. Read more about the recognitions here: https://ecs.page.link/XLqyq

We are happy to announce that Tyler J. Wilson has joined Underberg & Kessler as an Associate in the Litigation Practice Group. Tyler represents businesses and individuals in litigation, negotiations, and mediation. Welcome Tyler! Learn more about him here: https://ecs.page.link/ypheq

We are so proud of our colleague, Paul F. Keneally, who was honored by Literacy Rochester with the Queenie Zuehlke Visionary Award at their 60th Anniversary Luncheon held yesterday. The Queenie Zuehlke Visionary Award was created as part of celebrating the 60th anniversary of Literacy Rochester and recognizes an individual or an organization that has helped Literacy Rochester over the years to be able to look past the present and to see the future impact of a project. Congrats Paul! Read more about the award here:
https://ecs.page.link/Middf

In a landmark decision, on June 6, 2024, the United States Supreme Court decided Connelly v. United States, No. 23-146, upholding the IRS position on how life insurance proceeds and redemption obligations should be treated for federal estate tax purposes. Read more in this recent blog post by U&K's Joshua B. Beisker. https://ecs.page.link/8d5jT

Without much publicity, back in November 2023 New York State Governor Kathy Hochul signed Senate Bill S3539, which amended two sub-sections of New York General Business Law Section 756, which is sometimes referred to as the Prompt Payment Act. The legislative intent was to improve cash flow to contractors by reducing withheld retainage. Read more in this recent blog post by U&K's Kate Karl.
https://ecs.page.link/TGjjX

We were proud to sponsor the 31st Annual Women's Council of REALTORS® Golf Scramble on Tuesday. Our team, including Patrick Cusato, Andrew Washburn, Kyle Pittman, and Alex Wezelis, had a great time supporting WCR and raising money for Holy Childhood.

U&K Labor & Employment partner, Paul Keneally, was recently interviewed by News10NBC about the firing of a manager of a local Big Lots who was trying to stop a shoplifter. Read more about interview here:
https://ecs.page.link/UPNqj

Our Health Care and Corporate & Business Law practice teams were proud to have advised St. John’s in its recently announced innovative strategic collaboration with the University of Rochester Medical Center (URMC). Read about the initiative here:
https://ecs.page.link/cKrXy

David M. Tang explores the importance of advocacy, essential skills for the effective advocate, government-relations strategies, and more in this article originally published by the Monroe County Medical Society in the May/June 2024 issue of The Bulletin.
https://ecs.page.link/VAUD3

Congratulations to Ericka B. Elliott, associate attorney in the Health Care and Litigation Practice Groups, for being appointed to serve on the Board of Directors of the Western New York Rural Area Health Education Center, Inc. (R-AHEC). Read about Ericka and the organization here:
https://ecs.page.link/erNan

Ericka B. Elliott Appointed to Western New York Rural Area Health Education Center Board of Directors Ericka B. Elliott, associate attorney in the Health Care and Litigation Practice Groups, has been appointed to serve on the Board of Directo

We had a great time helping The Arc of Monroe last week for United Way’s Day of Caring. Our Diversity, Equity, Inclusion & Belonging (DEIB) Committee coordinated the raking, mulching, and clean-up efforts to spruce up the organization’s Norran Dr. and Homewood Lane locations. It was a beautiful day and our team worked hard to help a wonderful organization. Thanks to U&K's Leah Tarantino Cintineo, Melissa Henderson, Alex Wezelis, Roman Martyniv, Pamela Litto, and Hannah Prescott for volunteering.

The United States Supreme Court recently ruled in an employment misclassification case that federal courts lack the discretion to dismiss lawsuits even after determining that all the underlying claims are subject to mandatory arbitration agreements. The ruling settles a split among federal circuit courts on the issue while clarifying the scope of judges’ jurisdiction over cases subject to arbitration. Read more in this article by U&K attorney Jennifer A. Shoemaker, originally published in The Daily Record.
https://ecs.page.link/dRLwa

Last night was a beautiful night for the JP Morgan Corporate Challenge. The U&K team of Hannah Prescott, Ryan Biesenbach, Joshua Beisker, and Roman Martyniv enjoyed the sunshine, good food, friendly competition, and being together for a great cause.

We are happy to announce that Kyle C. Pittman has joined Underberg & Kessler as an Associate in the Real Estate & Finance Practice Group. Kyle represents clients in the purchase, sale, and mortgage financing of real property. He negotiates agreements, conducts due diligence, reviews real estate titles, and works closely with clients to ensure all transactions are completed in a timely and efficient manner. Welcome Kyle! Learn more about him here: https://ecs.page.link/koAJ1

The New York State Budget was passed in late April 2024 and includes new duties for employers regarding employees expressing breast milk and needing time off for prenatal care. Employers should review and update their current leave and break policies to ensure compliance with these new laws. Read more in this recent blog post by U&K's Paul F. Keneally.
https://ecs.page.link/zsKQH

Cheers to Ericka B. Elliott for being selected as a finalist in the 6th Annual Greater Rochester Chamber IGNITE Award’s program. We certainly agree with the Greater Rochester Chamber of Commerce's selection and can’t think of another candidate more worthy of the IGNITE award. Congratulations to all the finalists and best of luck Ericka!
https://ecs.page.link/z2ap9

U&K's Litigation chair, Leah Tarantino Cintineo, participated in First American Equipment Finance’s Women in Business Employee Resource Group (ERG) panel discussion last week. Leah and the panel shared insights and thoughts about being a woman in traditionally male-dominated fields. It was a great event, thank you for the opportunity!

We are pleased to announce that Ericka B. Elliott, associate attorney in the Health Care and Litigation Practice Groups, has been appointed to serve on the Board of Directors of St. Ann’s Foundation. Read more here: https://ecs.page.link/dwrzt

Join Us! We are hiring outstanding attorneys and paralegals who value hard work, want to provide exceptional representation, seek a collaborative and collegial environment, a competitive salary, and a great benefits package. Click below to learn more about these opportunities.
https://bit.ly/49KtGsR

Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget on April 20, 2024. One of the key budget components impacting employee leave includes sunsetting the New York State COVID-19 paid sick leave. The paid leave obligation will now end on July 31, 2025, extending a year beyond the initial proposal to end the law July 31, 2024. Read more in this recent blog post by U&K's Paul F. Keneally.
https://ecs.page.link/Rtgxs

The Federal Trade Commission recently issued a new rule banning nationwide most non-compete agreements for workers. Although court challenges are anticipated that could delay or preclude enforcement of this new rule, it is currently set to become effective 120 days after publication in the Federal Register. Read more in this recent blog post by U&K's Ryan T. Biesenbach. https://ecs.page.link/QSrBy

Thanks to the Rochester Business Journal for featuring U&K Managing Partner Patrick Cusato in "New leader takes helm at Underberg & Kessler, leads new strategic plan." The article highlights Pat's leadership role, his work as Chair of the Real Estate & Finance Practice Group, and his commitment to clients and organizations championing the real estate industry. Read the article here:
https://ecs.page.link/RDZjr

We are happy to announce that Kimberly W. Sayoc has joined Underberg & Kessler as Senior Counsel in our Corporate & Business and Commercial Lending Practice Groups. Leveraging her years of experience as a corporate attorney in private practice and as in-house counsel at global corporations, Kim provides real-world, client-focused guidance to corporations, LLCs, partnerships, and individuals. Welcome Kim! Learn more about her here: https://ecs.page.link/Gdi6A

How Can You Mend a Broken Heart? The Constructive Trust.
We have seen countless scenarios in which people who were once intimate business associates end up suing each other over real or perceived breaches, thefts, or betrayals. Accusations and recriminations get hurled back and forth, and personal relationships are often ruined even as the business disputes are ultimately resolved. This is one of the reasons why this type of litigation is known as “business divorce.” Read more in this article by U&K attorney Thomas F. Knab, originally published in The Daily Record. https://ecs.page.link/8pmjb

Our Canandaigua Office Has Moved
We are excited to announce that our Canandaigua office is now located at 11 North Street, Suite 300, Canandaigua, NY 14424.
https://ecs.page.link/wCfVL

U&K real estate and commercial lending attorney, Andrew M. Washburn, was featured in a recent article published in the Rochester Business Journal. In “New York’s All-Electric Buildings Act takes effect in 2026: Are we ready for the switch?” Andrew described the goals of the All-Electric Buildings Act, the legal challenges to the Act, and the impact on the local real estate and construction industry. Read the article and learn more here:
https://ecs.page.link/fExNm

We are pleased to announce that for the third year in a row, Patrick L. Cusato has been named to The Daily Record's Power 20 Real Estate Law List. https://ecs.page.link/Mqp8u

U&K labor & employment attorneys, Paul Keneally and Ryan Biesenbach, were featured in a recent article published in the Rochester Business Journal. The article, “How companies can mitigate litigation risk, from tech and otherwise,” discusses what kinds of litigation risks are most prevalent currently and what steps companies can take to guard against them. Read the article here: https://ecs.page.link/kvGJ7

Join Us! We are hiring outstanding attorneys and paralegals who value hard work, want to provide exceptional representation, seek a collaborative and collegial environment, a competitive salary, and a great benefits package.
Click below to learn more about these opportunities.
https://bit.ly/49KtGsR

U&K's Ericka B. Elliott answers questions about cyber threats to medical providers in the Feb/Mar 2024 issue of "The Bulletin" from the Monroe County Medical Society. Learn about phishing, ransomware, and how the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is responding to the rise in these challenges. https://bit.ly/3uDWPX9