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News
In Brief
August 2019 • Vol 6 Issue 7
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It is with heavy hearts that Barton mourns the recent passing of our friend and colleague, Jason A. Cohen (44), on Friday, July 19, 2019.
Jason attended Syracuse University before earning his J.D. from New York Law School, cum laude. After an impressive career at Reed Smith LLP, Jason joined Barton in 2017 where his practice focused primarily on complex commercial litigation.
One would be hard-pressed to find someone with a more vibrant smile than Jason. With an unparalleled zest for life, Jason filled every moment with his tenacious compassion and impeccable work ethic. His charisma and integrity made him a magnetic presence and a compelling attorney. Friends of Jason know that he was as sharp with his wit and his dress as he was in the courtroom.
More than just a talented colleague, he was also a gracious and loyal friend. He was a devoted husband to his wife, Lisa, and a loving father to his two incredible daughters, Madison (10) and Riley (7). He was a connoisseur of fine foods, fine clothes, and fine wine. He was all of these things and more.
Despite the weight of this loss, we are truly grateful for the wonderful days we were privileged to spend with Jason, and we will continue to celebrate the many ways in which he made Barton—and the world—a better place.
For more information on a memorial trust set up by the Cohen family in Jason’s honor, please click here.
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Partner Maurice Ross was recently quoted in several financial publications regarding the trademark infringement lawsuit Barton filed against Edelman Financial Engines on behalf of its client, Jalinski Advisory Group, related to its “Financial Quarterback” trademark. Click on the links below to read the full articles:
Thomson Reuters’ WestlawNext Practitioner Insights – “Money Manager Tackles Radio Rival with Trademark Lawsuit Over 'Financial Quarterback'”
Financial Advisor – “N.J Advisor Sues Edelman To Protect 'Financial Quarterback' Moniker”
CityWire – “Financial QB Sues Edelman Over Alleged Trademark Infringement”
World Intellectual Property Review – “Financial Advisers in Dispute Over ‘Quarterback’ Mark”
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Addressing the recent departure of a Mercer advisor to a competitor that sparked controversy as to who, indeed, owns the client(s), James Heavey discusses the background, facts, and irony attached to this situation for which size just does not matter anymore. To read the entire article in Investment News, click here.
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Join Barton for a seminar focused on “The US Business Tax Landscape” scheduled for Thursday, September 26th at 6:00 PM, with a networking reception to follow. Partner James Guadiana, alongside Malcolm Pobjoy, Group Commercial Director, Alternative Investments for Vistra and Stephen Christiano, Business Tax Associate Director for Frank Hirth, will lead the discussion related to QOZ Developments on the domestic front and on the international front, as well as the impact of GILTI, FDII and BEPS on US Multinationals. For additional information or to register, please click here.
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LEGAL NEWS: TRENDING TOPICS YOU SHOULD KNOW ABOUT
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New York state’s first comprehensive cybersecurity law, the SHIELD Act, was signed into law by Governor Andrew Cuomo on July 25, 2019. As we wrote when the Legislature passed the Act in June, the SHIELD Act (an acronym for “Stop Hacks and Improve Electronic Data Security”) comprises a revision to the state’s breach notification provisions. It also includes prescriptive cybersecurity regulations for entities, wherever situated, that access “private information” of New York residents. “Small businesses,” defined as those with fewer than fifty employees, less than three million dollars in gross revenue in each of the last fiscal years or less than five million dollars in year-end total assets, are exempt from these cybersecurity provisions. However, they must still implement “reasonable safeguards” that are appropriate for the “nature and scope” of the small business’ activities.
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Over the past 15-20 years, it has become a fairly standard practice for employers to include in employment agreements and/or offer letters a provision requiring the new employee to agree to resolve any and all employment disputes with the new employer through binding arbitration. The savings, in both time and money, to the employer are considerable. By accepting this term, the new employee is thereby waiving the right to pursue a court remedy and, necessarily, waiving the right to a jury by trial. Most employees sign these agreements, knowing they, in actuality, have little choice if they want the job. However, now employers would be prudent to consider these provisions very carefully.
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Financial regulatory bodies, including the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), Financial Crimes Enforcement Network (FinCEN), and Financial Action Task Force (FATF), are cracking down on companies with lax anti-money laundering policies. The first half of 2019 has seen increased efforts by these agencies to tighten the reins on companies failing to keep federally mandated anti-money laundering (AML) policies up to standard.
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