NY LAW

Joseph Potashnik asked:


What does New York Law Say About Medical Fee Splitting?

Generally, New York law bans fee splitting in the practice of medicine. This prohibition applies to both corporate and individual settings. Specifically, New York Public Health Law section 4501(1) expressly forbids both businesses and individual practitioners to practice medicine for profit in a manner that includes “the referral or recommendation of persons to a physician, dentist, hospital, health related facility, or dispensary for any form of medical or dental care or treatment of any ailment or physical condition.” The law also prohibits physicians and other health care professionals and facilities “to accept for medical or dental care or treatment any person referred or recommended for such care or treatment by a medical or dental referral service business located in or doing business in another state if the medical or dental referral service business would be prohibited… if the business were located in or doing business in New York.” In simple words, it is prohibited to give or accept fees for patient referrals.

Does the law make any distinction between individual and corporate practice of medicine when it comes to sharing fees?

In New York, businesses and non-profits organizations are not allowed to practice medicine per se unless they are so certified by the Public Health Council. Therefore, any New York physician who shares or allows others to share in the fees for medical services with a business entity will be disciplined under NY Education Law section 6530(19). Illegal fee-sharing involving business entities may take many forms. For example, in a recent case, the court held that payment of a portion of physicians’ income from their private clinic practice to a university as a condition of the physicians’ employment with the university was an illegal fee-splitting arrangement where the physicians were not employees of the university faculty practice corporation, and the university was not providing the physicians with salary, employee benefits, facilities, supplies, staff, or malpractice insurance. (Odrich v Trs. of Columbia Univ.) Illegal fee-splitting does not always involve money payments. Giving or receiving any valuable benefit such as credit, omission, discount, gratuity, etc. may qualify as fee sharing.

So what is corporate practice of medicine or illegal fee splitting?

By way of example, several court cases demonstrate corporate practice of medicine and illegal fee splitting. In one case, a doctor entered into an agreement with his technicians that provided that the technicians would perform EEG and ECHO tests and the doctor would pay them 50 percent of the fees for the tests. In another case, a corporation employed doctors and provided them with office space and equipment in exchange for a percentage of their income. Another example is one of a physician who had his license suspended for paying referral fees to a women’s health center that had been referring to him patients for abortions.

Are there any exceptions?

Yes. The law permits physicians to practice medicine and share fees through partnerships, professional corporations, university faculty practice plans, hospitals, HMOs, and employee/student health programs. While permitted, such arrangements are subject to limitations. For example, a physician who is not a member of a partnership may not share fees with the partnership.

What about paying salaries to employees?

Paying salaries to employees is not illegal fee sharing unless the salaries are contingent on the physician’s income and are a certain percentage of the income. Fee sharing with another physician is permitted under certain circumstances, such as in the case with a consultant or professional subcontractor.

Is it a problem for a physician to employ a billing company or a collection agency?

That depends on the type of the agreement between the physician and the billing company. By default, many billing businesses prefer a contingency-based model where they charge the doctor a percentage of the doctor’s income. While permissible for the billing companies, such practice is a sure way to professional discipline for the physician. The right way would be to arrange for a fixed rate representing fair market value of the services. However, this is different with the collections agencies. Paying collections agencies on a contingency basis depending on the amount recovered is not illegal fee-splitting.

What are the legal consequences of violating the fee-splitting laws and corporate practice of medicine?

In the latter case, since businesses are not allowed to practice medicine, such practice is considered “unlicensed practice of medicine”, which is a class E felony. If convicted, the defendant may serve between one to four years in prison and incur monetary penalties. The entity itself will be dissolved. Physicians who enter into contracts with unlicensed business entities may be charged with fraudulent practice of medicine or practicing beyond authorized scope and be subjected to professional discipline. Illegal fee-splitting is a professional misconduct and any physician found to have violated the fee sharing rules will be disciplined.



Dennis Shurlen

damey asked:


Lawyer is meant to handle all the trivial cases with efficiency and effectiveness. There are a lot many cases and suits that are being filed in the court of law, on everyday basis. From divorce case to other family cases, from civil to criminal cases and from dispute cases to problem solving matters, lawyer has to specialize in all matters. Every other lawyer handles the case with utmost care, so that results may turn out to be in their client’s favor. Whether it is the matter of divorce or any other family law case, lawyer has the knack of putting all points in the right manner before the judge. In the case of divorce, people always prefer best divorce lawyer for handling their cases.

Divorce is the matter of careful handling because the reputation of both the parties is at stake, along with their life after that. The best divorce lawyer will see to it that the case should not end up as something really messed up situation. Everything has to be carried out in a proper manner, so that newer controversies and issues may not crop up between the matters. Whenever husband and wife get entangled in a divorce case, they would make allegations on each other for doing misconduct to them. The best divorce lawyer takes care that these allegations should not turn out to be one of the worst experiences in life. The lawyer would represent their points of view in the court.

Along with handling problems such as divorce cases, they also have to see that how their client can get compensation from their partner, how the child’s custody can be taken if the child is infant, is it any possibility of out of court settlement, proper division of property and other assets, and many other matters. After all, best divorce lawyer will be handling all the intricacies and issues with effectiveness. Well, it is the matter of the life of their clients after the case ends. Many of the divorce lawyers would be suggesting out of court settlement for their clients, in order to drag them into legal problems and verbal fights in the court.

When it comes to recovering compensation from the other partner or the matter of child’s custody, the best divorce lawyer would be keeping those points in front of the judge that are much stronger than the opponent. Obviously, the work of the best divorce lawyer is to represent their client’s point of view in the court. All a person can do is discuss all the aspects of the case with best divorce lawyer, so that some of the major points of consideration can be chalked out for better results. After all, best divorce lawyer would be working for the benefit of their clients only.

The main task of the best divorce lawyer would be to take out certain points from the case that can prove to be useful in winning the case. It is quite natural that every other client would be willing to drive the decision to their favor. Now, it becomes the priority of the best divorce lawyer to study and plan the case in such manner that their client is benefited most out of the final results. If you happen to get the services of best divorce lawyer within the decided budget, then you surely are a luck person.



Brenda

James Lowe asked:


A home based online business has to legally comply with the same regulations as an offline business from any other location. Below are the basic legal issues with which a real home based Internet business owner must be familiar.

The first one, a real concern for any home Internet business is the age restriction. The U.S. Federal Trade Commission (FTC) follows regulations spelled out in COPPA, the Children Online Privacy Protection Act.

The above act requires that children under the age of 13 cannot disclose their personal information unless a parent consents to it. Children under 18 years of age cannot, under any circumstances, be allowed to view pornographic content on the Internet, nor are they allowed to enter into any contract.

Real time occurrences on the Web, including chats and forums, must be carefully controlled by the home based Internet business owner. Bulletin boards will have the same control issues.

The rules of using each should very clearly solicit and retain the consent of each online user to refrain from posting pornography. Also, in this category are, defamatory or hate material or anything that infringes on the rights of others.

It is probably not a law and may never be so but respecting, truthfulness and fairness to other human beings should be a serious concern also.

Your company should also clearly state, on its site, that you are not liable for other users that commit to following your policies and guidelines but subsequently violate them. I always keep a sharp eye out on my web sites for this anyway and hope others will do the same.

We should all keep an eye out to preserve the integrity of the internet for all of us.

To make your ownership of all property real and keep content rights safe, on your home based business Internet site, you will need a copyright notice on the site footer, maybe on every page. The notice should clearly have the date, your name and the statement, All rights reserved.

A real copy of your business online site should be filed with the U.S. copyright office. This will effectively record ownership of the site contents, as well as its look and its feel. Incidentally, this will instill confidence in your site visitors that you are sincere about having a worthy web site.

Your site domain name is a dramatically important part of the branding and marketing for your Internet business. It is best to tie that domain name as closely as possible to your logo, your brand and your business name. This is so very important.

Carefully choose a domain name that clearly conveys the products or services of your real home based Internet business. It is the beginning of every sale or donation you ever get from your home business.

It is your very valuable headline. Register your domain name as a trademark and you can retain ownership should it be challenged by another business. Sometimes this will happen.

Your site is on the World Wide Web so you must comply with export regulations. If you sell goods over the Internet to these global consumers, which you should want to do, then you are exporting items for sale and entering into international countries and commerce. Your market increases by hundreds of millions of flesh and blood humans.

If your site is encrypted then you are exporting to other countries per U.S. Department of Commerce and Defense technology regulations. There are many U.S. federal agencies that have regulations in force.

Enforcement agencies are expected to enforce them with the intent of the law, for doing business with other countries. This is their job. Times and circumstances require a firm to get an export license to send information, technology or goods abroad.

Regarding other countries, there is now software on the internet that translates into many of the major world languages. If your web site can sell goods world wide you can use this software to major advantage to sell in many more places.

Your Google Ad Sense will be in other languages giving you more action also so many millions more prospects can read and buy from you. Your online pages will increase dramatically giving you far more links and exposure. Your Alexa rating will begin to rise. Understand the immense benefit from this.

There are countries with whom business transactions are limited severely for U.S. firms. These countries are Cuba, Iran, Iraq, North Korea, Syria and Yugoslavia.

Romania and Malaysia are rife with dishonesty on the internet. It is best to risk losing business with these two countries for now because your chances of being cheated are very high and not worth the risk with such poor odds that are not in your favor. The best decision about the real problems you might encounter for your home based online business doing commerce with these countries and or the residents should be made with your attorney. Better yet, forget all of these until international relations with them get a lot better.

Anna

Marjorie Jobe, J.D. asked:


Unfortunately in today’s business world, it is only a matter of time before your company is sued by someone or investigated by some governmental agency. However, you can lesson the odds by understanding and identifying the most common legal problems that could come your way and protecting your company against them.

1. Criminal Investigation

State and federal law enforcement and governmental agencies proliferate with each passing day. Depending on your industry, you could be regulated by as many as ten agencies, not counting the normal and customary policing departments. The power of government agencies is blinding. Recently, a trend has emerged targeting more and more businesses, executives and owners for investigation and prosecution. It has become so prevalent that all companies should focus considerable effort toward insulating their owners, employees and operations from risk.

Adopting a policy that your company will cooperate in all government inquiries and investigations with the assistance and counsel of an experienced criminal law attorney is the best way to insulate you and your employees from waiving your rights or creating more risk. Educate yourself and your employees on your constitutional rights and what procedures to follow with the advice of a criminal law specialist or attorney familiar with this trend and danger.

2. Employee Lawsuit

Employment law is the new lottery for Plaintiffs’ lawyers who have watched tort reform narrow their playing fields. For every perceived harm – real or imagined, there is a creative lawsuit waiting to be filed. Sexual harassment, age discrimination, pregnancy discrimination, racial discrimination, gender discrimination, disability discrimination, wrongful termination, retaliation, and injuries, are only some of the fertile ground for disgruntled employees.

Clear and thorough employee rules and policies are the first area of defense against this kind of legal threat. Develop an employee manual and document employee files. Treat all employees with respect and with equality and consistency. Engage a business or employment lawyer to review your policies and rules.

3. Cyber Issues

With the move of all businesses toward more and more dependence on technology and the use of internet communications and resources, cyber legal issues grow exponentially every day in ways that are just beginning to be understood and anticipated.

Specific rules and policies regarding employee computer usage, privacy and access are critical in today’s business. Adopt, revise, review or amend your policies and rules as soon as possible. Neglecting this area of legal threat is just asking for trouble.

4. Marital and Divorce Issues

If you are married or if any of your fellow owners or partners are married, significant risk exists in the divorce arena should any marriage fail.

Contractual protections in your entity documents or business agreements should address these risks so that you can continue conducting business regardless of someone’s divorce claims and proceedings. Marital property agreements can also provide additional insulation from this threat.

5. Business Contract Lawsuits

Attorneys’ fees and expenses can wreck your bottom line and distract you and your employees from your core business operations. Your goal should be to utilize contractual provisions to minimize the chance of being sued or having to sue third parties with whom you do business.

With the appropriate contractual clauses, you can avoid being drug into a courtroom by requiring arbitration, choose the state in which you will be sued or in which the arbitration will be conducted, limit damages, and require that the loser pay the costs of dispute resolution. Many more advantages can be built into contracts in order to give you control over the legal process.

All business owners and executives have the obligation and duty to their employees, shareholders, partners and families to insulate and protect their companies and operations from the legal threats that haunt businesses. By understanding the threats and risks, and by taking proactive measures to prevent lawsuits and legal disasters, you can control your own legal destiny and win the advantage in any future legal battles.

Marjorie Jobe is a practicing attorney in El Paso, Texas and is the author of Business Law Battle Plan for Entrepreneurs: Protect Your Company from Lawyers, Lawsuits and Legal Disasters.

http://marjoriejobe.com/

http://businesslawbattleplan.com



Ann

Naz Daud asked:


Running a small business can be a legal mine field, and without appropriate knowledge and understanding of the relevant risks involved, you can quickly find yourself in some difficulties. Running a business without consideration for the law can be dangerous, particularly when considering the potential financial and even criminal risks you may be running. That’s why it’s a good idea to have an idea of the relevant legal provisions that may apply to particular circumstances in order to understand where you might be personally liable, and how you can avoid incurring such liability when managing a small business.

The first thing to bear in mind is that a business has its own legal formalities relating to the particular business form you choose. For example, running your business as a sole trader will require very little in the way of natural legal formalities, other than that you file appropriate tax returns annually and keep appropriate records of your financial transactions on a daily basis. This burden is far stricter if you choose to operate as a limited company. If you do decide to go down this route, it may be worth investing in a book on basic company law for reference. Don’t take the risk and try to muddle through; it’s better to know what is expected of you and what the penalties are by getting some form of expert opinion.

Secondly, you may face liability if you cause injury, either financially or physically to another party in the course of running your business. It is advisable therefore to opt for decent insurance coverage to protect against eventualities of this nature. Another good idea is to include an exemption clause or disclaimer whenever you can, although it’s important to understand these are not watertight. What they can do is limit your liability in damage to physical property where it is reasonable to do so, and in no way can they limit any liability you may have for anything deemed unreasonable or anything relating to a physical injury or death.

It’s a criminal offense as a business director to trade when you are aware that your business is insolvent. This is a general rule, and there are obviously intricacies involved, still this must be protected against. You could receive a criminal record if you breach these laws so take expert advice at an early stage if you face financial difficulties.

Similarly it is a criminal offense not to take records of your finances and to hold on to those records for three years. You are open to inspection of those records by the relevant authorities as and when they have a need to examine your business dealings. This is also compounded by legal requirements under the VAT regime, where you will be required to keep more rigorous accounts and are with almost certainty, likely to be subjected to periodical inspections.

There are a number of key legal provisions you should be aware of as a small business owner, and they are far too numerous to list here. Rather than spending fortunes on legal advice regarding simple matters, a better option is to purchase a beginners’ guide to company law. This will give you a quick insight into the practical requirements of running your business on a day to day basis and you can top up your knowledge bank with legal advice as and when required.



Robert

Pankaj Taneja asked:


The Legal Industry & Information Technology

Like all other industries, the legal industry is not insulated from the tremendous changes in information technology over the past decade, and the challenges and opportunities it presents. If anything, the changes have more bearing on law firms & departments because information management is at the core of what they do – consulting with clients, colleagues or experts; increasing compliance & regulation demands, wading through a constantly expanding sea of legislation and case law; managing outsourcing partners; keeping abreast with latest developments; or managing a mountain of matter files.

Recent Trends

Perhaps the most significant change in the legal services industry the decline of “relationship lawyering”.

Recent times have seen increased competition, & changes in underlying market structure. There has been a continuing trend of decline of “relationship lawyering”. Traditionally strong relationships between law firms and corporates are eroding, with more companies opting for in-house legal departments, or “shopping around” for the best deal. Another significant trend is the increasing convergence of legal markets, where competition is as likely to come from a firm in another state or overseas as from a local firm. These & other developments are exerting greater pressures on legal firms to be more efficient, an it is imperative that attorneys spend their time analyzing information, rather than organizing or managing it. 

Drivers of Technology Adoption by Legal Firms

Possibilities of Technology – The primary driver of greater use of information technology by legal firms is developments in technology itself. New technologies & greater bandwidths allow great possibilities in the arenas of information management, productivity and remote collaboration. Information can be moved over the internet with greater security. And unlike yesteryear, law firms can access these technologies without hefty costs and the need to set up specialized IT departments.  

In 2004, Forrester Research Inc estimated that some 39,000 legal jobs will have moved offshore by the end of 2008.

Outsourcing/Offhsoring – Legal firms are now increasingly open to legal process outsourcing of tasks they traditionally held close – research, transcription, coding and even legal research and the drafting of legal documents. It is commonplace to see a NY based law firm, subletting research work to a team of professional lawyers & paralegals in Bangalore, India. This enables firms to majorly cut down costs & concentrate on core legal functions. But it also necessitates a greater need to communicate, collaborate & monitor the functioning of outsourcing vendors hundreds or thousands of miles away. Security is also an issue, since performance of the services often requires access to regulated consumer data or other sensitive data.

In 2004, almost 60% of lawyers worked at multi-office firms and over 10% of lawyers work at firms with ten or more offices.

Geographic Diversification – As mentioned before, there is a distinct movement towards multiple office firms, with offices spread both nationally and globally. US based companies are now serving many foreign clients, or serving foreign interests of domestic clients. There was a significant presence of international clients in even the smallest law firms of 1 to 20 lawyers. There has also been a spate of global mergers and acquisitions of law firms in the new millennia. All this necessitates a greater need for communication, collaboration and information exchange between branches.

Regulatory Compliance – Since the implementation of Sarbanes Oxley Act came into effect, records management has become an essential requirement. Organizations are required by law to retain certain documents for predefined periods. Also, the amendments to Federal Rules of Civil Procedure went into effect on December 1, 2006, and apply to any firm involved in litigation in the U.S. Federal Court system. The amendments mandate that companies be prepared for electronic discovery. Firms have to drastically alter the way they preserve, retrieve and produce electronic data.

Competition is coming both from firms spread across the nation & the globe, as well as consultants & advisors who were traditionally not considered part of the “legal industry”

Competition – Because of the death of relationship lawyering, and “one stop shopping” by clients, firms cannot afford to be complacent anymore. Moreover, competition is as likely to come from the opposite end of the country or globe, as from local companies. Competition is also coming from other quarters, consultants and advisors who offer services that were previously the purview of lawyers.  In this arena of intense competition, lawyers have to double up as “rainmakers” & networkers (legal business development) in addition to traditional roles.  

IT Needs of the Legal Industry

Centralized Document Storage – The legal profession generates a tremendous amount of digital information in the form of case files, contracts, court filings, exhibits, evidence, briefs, agreements, bills, notes, records and other office activity such as email. This information is the firm’s collective knowledge & learning which sets it apart from competition and needs to be retrieved again and again. Compliance also requires certain documents to be stored & retrievable for extended periods of time. Attorneys across different offices need to access and collaborate on this information.  

In 2007, 53% percent of lawyers used a PDA outside of the office, 32% to check e-mail.

ABA Law Tech Report 2007

Remote Access – Ready access to crucial documents and information can sometimes be all the difference between a favorable or adverse judgment. Lawyers now have wings on their feet visiting clients, interviewing experts, or attending outstation court proceedings, and are often out of office. It is important that they are able gain LAN like access to documents from the firm’s repository even when they’re not at the office premises.  

Document Collaboration – It is not enough to only be able to access documents from the firm’s storage. A single case file may need multiple inputs from attorneys with different expertise, clients, experts, researchers, and other associates spread over the country or even the globe (in case of outsourcing). Therefore it is important to have the ability to concurrently access and work together on the same file, from right where everybody is.  

Remote Conferencing – Sometimes the ability to collaborate on a document may not suffice and actual discussion and knocking together of heads might be needed. Web conferencing allows multiple people to get together in a virtual meeting room and discuss issues as effectively as being there in person.

Security – A lot of the information a legal firm handles is highly sensitive client information, which it is bound my business ethics and contracts to protect. Since this information is mostly accessed and distributed over the public network of internet, and often distributed to third parties at some page, security is right at the top as a concern.  

Access Control – Another level of security is the ability to manage who sees what information and what they can do with it. Since multiple parties like attorneys and associates across the company, outsourcing partners, and multiple clients access information from the firm’s central storage this is of prime importance.  

Productivity Applications – Although managing documents and information is one of the most important things a law firms IT systems need to do, it is not all. They also need the ability to manage and share schedules, to maintain lists of important contacts, to manage and track different tasks and litigations teams or individual attorneys may be involved with, or billing management.  

What They Don’t Need

41% of lawyers had no IT staff at any locations for their firm, while 17% have one person, 8% have two, and 38% have three or more 

ABA Law Tech Report 2006

IT Hassles – If getting all the above goodies requires setting up a specialized IT department, installing expensive hardware, and managing ongoing maintenance and upgrades, it might just not be worth it for a small to mid sized law firm. Bigger firms have the deep pockets and incentive to set up dedicated systems, but it might not be sustainable for smaller firms.  

Complexity – To ensure that attorneys embrace the IT system, attorneys should be able to concentrate on the information itself, rather than grappling with the nitty-gritties of the system.

Costs – Cost, of course is a top consideration for small to mid sized companies across industries. The ongoing costs and hefty capital investments needed for custom and enterprise systems are just out of reach.

The Software-as-a-Service Advantage for Legal Companies – HyperOffice as a Case in Study

SAAS allows firms to pay for using the software rather than owning it

About eight to ten years back, it was true that access to the above technologies was available only to huge firms whose budget and scale justified dedicated IT departments. Times have changed since then. The software as a service (SAAS) approach, allows even small to mid sized firms easy access to big business technologies, but without having to deal with the messy underbelly and huge costs associated with them.

Benefits of SAAS Solutions

-          Low Implementation

-          Cost Effective

-          Flexible

-          Mobile Access

-          Enterprise Class Features

-          Backup & Security

-          Updates & Enhancements

Software as a service (SAAS) is an approach where the software vendor undertakes the burden of creating, hosting, maintaining and securing the application upon himself, and further lets it out to customers over the internet as a service.   Customers do not pay for owning the software itself but rather for using it. Some specific benefits of the SAAS approach are as follows:-

No Implementation, No Dedicated IT Department – Since the backend is taken care of by the vendor, users don’t have to bother about hardware, software downloads, server security, configuration etc. Implementation cycles of months are cut down to just a few days. For example, HyperOffice just requires a sign up, and customers can get it up and running within minutes. 

Cost Effective: Scale Up & Down as Needed – The cost structure of SAAS solutions is usually a reasonable monthly per user fee. This ensures that minimal costs are locked in, unlike enterprise solutions where tens of thousands of dollars are committed. Moreover, there is no cost uncertainty, as terms are clearly laid out, which allows for greater predictability.

Big Business Features – A range of big business functionality is available to users, but they don’t have to bother about the complex backend which goes with implementing this functionality, since that is the vendor’s headache.

Flexibility & Mobility: Keep Connected Always – These solutions are developed with a view to delivery over the web. This ensures that the system with full functionality is available over simply a web browser, saving users from tiresome downloads or implementations on local workstations. Moreover, since these solutions are children of the internet & mobility era, they also allow access over mobile devices. HyperOffice allows almost full functionality over many mobile device with internet access including iPhone.

User Friendly – Ease of use is of prime importance to a non techie attorney. SAAS solutions are out-of-the-box. Emphasis is on ease of use, with the messy backend taken care of. The entire HyperOffice solution can be managed from a central console and needs no technical expertise at all – truly child’s play!

Backup & Security: Let the Experts Handle It – Ensuring security and disaster preparedness requires effort. Antivirus software needs to be purchased and implemented, the system needs constant monitoring, and physical security of the servers needs to be ensured. Disaster recovery plans also have to be put in place in case of events like fire, natural disasters etc. Backup servers and magnetic tapes have to be maintained, frequency of backups has to be managed etc. Whew!

With SAAS, all this is a part of the messy backend taken care of by the vendor. Moreover, these vendors have developed an expertise hosting and securing applications, since this is their core operation. This is an expertise a mid sized law firm can not, nor would like to develop.

Updates & Enhancements – Since it application resides on the vendor’s servers, the vendor can simply add updates, enhancements and new features at his own end which are instantly available to the users of the application.



Charles

Charles Stewart Richey asked:


Energy Project Endangers National Bird

New York Regional Interconnect, Inc. (NYRI) plans to install 200 miles of 400-kilovolt 1200 megawatt DC power-transmission lines from the town of Marcy, NY near Utica, to the town of New Windsor in Orange County to supply power to New York City and Long Island.

73 miles of this line would be constructed along the railroad tracks on the Pennsylvania side of the Delaware River from Hancock, to Port Jervis, NY. This stretch of the river is the principle breeding ground of the American Bald Eagle.

It is recognized that this river route is the cheapest way to build the proposed power line, but certainly isn’t the only way. NYRI has explored other options, including placing the power lines along existing highway rights-of-way. This would be, of course, a more appropriate alternative. It would not disrupt the natural habitat of the Bald Eagle, nor mar the beauty of the Upper Delaware Scenic and Recreational River corridor.

The Upper Delaware Preservation Coalition (UDPC) has retained Attorney Richard J. Lippes in hopes of ending or diverting this project. He is nationally recognized for successful legal advocacy of plaintiffs in high profile and historic environmental and preservation cases, such as Love Canal and Three Mile Island.

The NYRI Power Line Project would turn the river corridor into a construction zone for over 2 years. The noise pollution of dynamite blasting, diesel cranes, and general commotion would displace wildlife, including eagles, perhaps forever. No community would be spared, and the economic damage would be felt for years. The tranquil beauty of pristine rivers would vanish, and so would fishermen, summer tourists and the American eagle.

Even if a few eagles remained, they would most likely perish hitting, or sitting on the finished power lines. Furthermore, it is a known fact that even getting close to electrified lines – especially high-voltage lines – is dangerous and potentially lethal.

The NYRI is a privately owned and privately funded for-profit company. NYRI, which has very big money behind it, is represented by the powerful New York law firm of former mayor Rudy Giuliani.

Although the NYRI Project keeps an office in Albany, N.Y., a Canadian entrepreneur named Richard Muddiman is its president. NYRI investors in this one billion dollar venture remain anonymous. One has to wonder if any of these investors are US citizens. The question must be asked why should foreign businessmen get rich at the expense of our national bird? Why should anyone?

This project was originally proposed by a company called Pegasus in 2003. NYRI purchased the rights from them to run utilities along the rail line of Norfolk & Southern. Pegasus was, curiously, also headed by Canadian Richard A. Muddiman. I believe his nickname is RAM!

The high voltage power lines would be mounted on 130 foot high towers and spaced every 800 feet for 200 miles. It would transform two of the most beautiful rivers in the U.S; the Lackawaxen and the Delaware, into an industrial conduit.

The NYRI Power Line Project would have a devastating impact on not only the scenic beauty of this area, but on the entire eagle population. Eagles are not very tolerant of human activity. Human presence can stress these birds, particularly nesting eaglets and can negatively affect their feeding and roosting habits. Eagle watchers are instructed to be very careful when observing these majestic creatures. Binoculars are used at a safe distance. On an interesting note, a quaint general store in Rowland, Pa. has placed a telescope in front of a window facing the Lackawaxen River. Customers can view an active nest where eagles are raising their young.

This beautiful area is protected by several acts of Congress including, the Bald and Golden Eagle Protection Act (BGEPA), the Migratory Bird Treaty Act (MBTA) and the Wild and Scenic Rivers Act, which was amended to protect the Upper Delaware River in 1978. This proposed construction is in direct violation of these acts of congress, but NYRI intends to push ahead with their money making scheme. It is said that they have powerful lobbyists in Washington representing them. It seems that nothing can stop profit privateers from breaking our national laws which are supposed to protect the environment.

Interestingly, the application by NYRI for designation under the new Bush energy bill will be pitting the US Department of Energy and US Department of the Interior National Park Service against one another.

In addition to the UDPC, many other opposition forces have gathered in an attempt to block this destruction of the Upper Delaware and Lackawaxen Rivers. Besides the support of residents and businesses throughout the region, there is also impressive environmental and political backing: Robert F. Kennedy, Jr. (Pres., The Waterkeeper Alliance), the NRDC (Natural Resources Defense Council), NY Senators James L. Seward and Raymond A. Meier, US Representative Don Sherwood of Pa., Pa. Representatives Maurice Hinchey and Jerry Birmelin, the National Park Service, Sierra Club, American Canoe Association, Environmental Advocates of N.Y. and many others.

Astonishingly, on May 16, aids at the Washington offices of Senators Arlen Specter and Rick Santorum said that to their knowledge neither Senator had taken a stand on the issue.

The American Bald Eagle is one of the most magnificent creatures on Earth. It should be our responsibility to insure the safety of its habitats and preserve the areas in which it feeds and breeds. The eagle is the symbol of our very freedom, as Americans. We should make sure that future generations can watch them as they soar in the sky.

The Bald Eagle, which was almost extinct twenty-five years ago, has made a triumphant comeback. Will we allow this tragedy to happen again? Threatening the safety of the habitat of the American Bald Eagle is paramount to burning our National Flag. It is unpatriotic and unforgivable! This project should be stopped and stopped at once. If NYRI gets approval on the state level, there will be little chance of stopping them once they reach Washington.

The Upper Delaware Preservation Coalition (UDPC) needs your support. Please help by joining and making a donation online at Click Here or by writing a tax-deductible check to: UDPC, P.O. Box 252, Narrowsburg, N.Y. 12764.

You may also sign online petitions, protesting the NYRI project at:

Click Here

Click Here

Check out American Bald Eagle Webcam

http:www.nwf.org



Phyllis

Dade Wiggins asked:


Have your sleeping habits changed? Do you find you don’t seem to have as much energy, as you did before? Feeling listless? Has your passion for what you cared about, diminished?

If you answered yes, to some of these questions, you might be clinically depressed. It effects over 14 million people a year, in the US, and it is a growing disease. That is right, disease. If you have this disease, then you need to fight it before it takes over your life, completely.

There are resources available to the public. Here are a few to give you a start, if you don’t know where to begin to find out, if you are clinically depressed.

National Council for Community Behavioral Healthcare

12300 Twinbrook Parkway

Suite 320

Rockville, MD 20852

(301) 984-6200

www.nccbh.org

National Institute of Mental Health

NIMH Public Inquiries

6001 Executive Boulevard, Room 8184, MSC 9663

Bethesda, MD 20892-9663

(301) 443-4513

http://www.nimh.nih.gov

National Foundation for Depressive Illness Inc.

P.O. Box 2257

New York, NY 10116

(800) 239-1265

http://www.depression.org

It is important to remember, depression is not a weakness, or a character defect; it is a disease and can be controlled, with the proper diagnosis and balance.

It is a fight, and battling the blues, of depression, like any other conditions, needs to be addressed. If you have it, then you know how hard it can be some days, just to get through it to the next one. Fighting depression is on going battle.

A simple, yet very effective way to start feeling better, is to begin telling yourself, you are feeling better. Oh, I know you not feel like it, but really; what do you have to lose, by not trying?

You know what an affirmation is. A statement, that affirms, attests to an action.

“I am attracting happiness into my life.” is one of those positive affirmations. It may sound corny, if not outright, unbelievable to you. Yet, this simple sentence has the power to change your life around. Literally, make you happy.

Another affirmation statement is, ” I don’t care what happens to me.” Maybe this is the kind of affirmation you have already been telling yourself? This statement has probably already been at work on you.

The law of attraction, does not censor, what you need, it only attracts to you more of the same things you declare.

It is up to you, what it is, you choose to tell yourself.

I can guarantee you this; if you keep telling the universe what you don’t want, it will send you, “what you don’t want.” Start battling the blues, by telling the universe, what it is you do want, then stand firm on this with as much conviction you can put behind it.

I know what depression is and what it can do. I will have to stay on top of this disease for the rest of my life, but I feel good today. Really.

If you are depressed and just giving into it, try to believe, you have choices available to you, on how you choose to feel. This is the truth.

And, don’t forget! You are not alone in this fight, unless you choose to be.



Gloria

Steve Dubin asked:


DATELINE: BOSTON, MA…

For Boston Attorney Jennifer Roman, clarifying legal issues for the rest of us has become second nature in her role as a contributing legal analyst for WBZ-TV Channel 4 News.

A former Assistant District Attorney in the Middlesex District Attorney’s Office, Roman is currently an associate in the Litigation Group of Tarlow, Breed, Hart & Rodgers, P.C. of Boston, MA, a combination that provides her with in depth perspective from both sides of the courtroom. During her tenure in the District Attorney’s office, Roman prosecuted major felony cases and successfully argued cases before both the Supreme Judicial Court and the Appeals Court. Her ongoing courtroom experience has served her well in providing on camera commentary illuminating many hot button legal issues for the public.

Most recently, Roman commented on the Roger Clemens investigation, requested by the US House Oversight and Government Reform Committee, and what Clemens might expect if convicted of perjury charges. A Boston Magazine 2007 “Massachusetts Rising Star,” Roman has also opined on the air about the State Police Crime Lab, the Christa Worthington trial, and the Rhode Island Station Nightclub owner’s plea deal.

While an associate at Tarlow, Breed, Hart & Rodgers, P.C., Roman also presented on “The New Electric Discovery Rules/Developments and Hidden Dangers” at the Massachusetts Bar Association Fourth Annual In-House Counsel Conference.

A cum laude graduate of Muhlenberg College, Roman received her J.D. cum laude from Suffolk University Law School. Roman is a member of the New York Bar and the Massachusetts Bar, as well a member of the Massachusetts Bar Association and the Women’s Bar Association. She has also served as a committee member of Race For The Cure and as a volunteer for the Literacy Volunteers of Massachusetts, Inc.

Roman is a resident of Boston, MA.

Tarlow, Breed, Hart & Rodgers, P.C.

Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers, P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

The firm’s areas of expertise include litigation and dispute resolution, corporate law, employment matters, mergers and acquisitions, estate planning, taxation, real estate, bankruptcy, and municipal law.

The expertise and collegiality of the firm’s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.



Frederick