July 2014

Gregory Chertoff moderated a panel discussion for The Building Trades Employers Association (BTEA) on Thursday, July 10th 2014. The BTEA hosted an informational seminar to discuss Significant New Construction Opportunities where City officials William Goldstein, Senior Advisor to the Mayor for Recovery, Resiliency and Infrastructure, and Amy Peterson director of NYC Housing Recovery office, as part of the NYC Build it Back Program, wanted to hear from contractors about the issues that were important to them. Discussion topics included lessons learned from Hurricane Sandy Rapid Repair Program, Program Management Strategies, Construction Contract Terms & Conditions and Section 3 Compliance.

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Edward O. Pacer contributed an article titled “The Nuances of Compliance Can Make – or Break – a Contractor” that appeared in the ENR Construction Law, Risk and Compliance Section on May 12, 2014. The story focuses on Contractors understanding that they are required to understand and follow general industry requirements and restrictions governing projects where public funds are utilized. If the industry's requirements, guidelines and restrictions are not followed, the results may be catastrophic requiring audits and investigations if malfeasance is suspected and could ultimately ruin a company's reputation. To avoid conflict, It is recommended that a compliance program be in place, offering periodic training to insure ethical behavior and compliance.

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July 19th - Recent Case Law of Significance and Why You Should Care
Location: The Sagamore Resort on Lake George in Bolton Landing, NY

Howard Rosen, partner at Peckar & Abramson's New York office, will be speaking in a panel of construction attorneys at the Associated General Contractors New York State annual summer meeting. On July 19th, 2014 from 10:15am-12:15pm, Mr. Rosen, along with three other attorneys, will present a program titled "Recent Case Law of Significance and Why You Should Care" where they will delve into recent construction law cases of some notoriety. The panel will talk about ways to deal with the ramifications of these cases of "infamy" and will explain their significance to the construction industry. The three-day-long AGC NYS Summer Meeting will take place at The Sagamore Resort on Lake George in Bolton Landing, NY.
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Howard M. Rosen

Peckar & Abramson, P.C. is has been recognized by Intercontinental Finance Magazine as one of the top 250 Leading Law Firms for 2014. After months of in-house research and numerous nominations by global subscribers, Intercontinental Finance Magazine compiled a list of the top 250 law, finance and advisory firms in the world, and included Peckar & Abramson among this elite list. Intercontinental Finance Magazine produces 10 magazines each year with global readership that includes CEO’S, CFO’S, in-house legal counsels, partners and associates within law firms, corporate bankers, and more.

Kevin J. O’Connor authored an article titled “Employer-Friendly Decision Restricts Scope of CEPA - The Hitesman whistleblower case comes to a conclusion” that appeared in the New Jersey Law Journal, July 1, 2014. The story focuses on one of two closely-watched New Jersey Supreme Court cases to be decided this year, the Court has rendered an employer-friendly decision which undoubtedly limits the application of New Jersey's whistleblower statute, the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 ("CEPA"), in the health care arena. In Hitesman v. Bridgeway, Inc., 430 N.J. Super. 198 (App. Div.), certif. granted, 214 N.J. 235 (2013), an employer who fought back saw its strategy pay off when the Court recognized that an employee suing under CEPA cannot rely upon internal company handbooks or nursing code ethics provisions which apply solely to nurses, as some basis for a whistleblower claim.