Category Archives: Legal / Accounting

By Susan Elise Campbell
As businesses adjust to the unprecedented challenges of a pandemic, so do the attorneys who advise them.
“There have been a whirlwind of legal issues that we never thought we would have to deal with,” said James T. Towne Jr. of The Towne Law Firm PC, with offices in Saratoga Springs and Glens Falls.
Unique issues about government relief, bankruptcy and foreclosures, contracts, COVID-19 fraud, cybersecurity and much more are on a daunting list of topics attorneys are being challenged to address this past year.
“During the first 120 days we were confronted with a variety of labor and employment inquiries,” said Towne.
Many of these were rooted in the logistics and liabilities of sending non-essential staff home to work and as a condition of employment, he said.
“Managers are accustomed to taking their laptops and working from home, but maybe not the support staff,” he said. “Matters come up about restrictions on the equipment taken offsite, using that equipment for personal matters, and businesses not enforcing obligations in connection with work performed at home.”
Matthew F. Fuller, partner at Meyer, Fuller & Stockwell PLLC in Lake George, said that whether an employer can mandate that staff get vaccinated has “no clear cut answer. If someone gives you a straight answer, don’t listen.” He is addressing the issues of testing and vaccinations for the municipalities he represents.
“There are conflicting directives from the federal government and from the governor’s office,” Towne said. “In New York, different classes of employees need to negotiate their contracts,” he said. “If the municipality’s internal staff is under a collective bargaining agreement we have to go through that agreement very carefully to see what we’re dealing with” as to what can be mandated.

By Paul Zarecki
Small businesses are more likely to become the victims of fraud than larger businesses.
Small businesses are the most vulnerable to occupational fraud and abuse, according to the Association for Certified Fraud Examiners (ACFE). In its 2020 Report to the Nation on Occupational Fraud and Abuse, ACFE cites that the smallest organizations, 100 employees or less, suffered higher median losses than did the largest organizations (10,000 employees or more).
While the largest companies suffered losses of $140,000 on average, small businesses’ losses averaged $150,000, based on its survey.
Considering the potential losses and how much more of an impact $150,000 is to a smaller business than a larger business, it befits small-business owners to make the prevention of fraud a priority. Though no business owner wants to feel it employs unscrupulous people, sometimes temptation or personal financial pressures can push even the hardest working, most trusted employee into perpetrating fraud.
Here’s how you can prevent fraudulent activity in your workplace:

By Jennifer Farnsworth
It has been a little over a month since LayerEight, formerly PrimeLink Managed Services division, has reintroduced itself to the business community as a new subsidiary of the 118-year -old Champlain Telephone Co.
In keeping with the telephone company philosophy, LayerEight officials said it will focus on personalized customer service by specializing in IT, cybersecurity and construction services for telecommunications infrastructure.
The company is based out of Plattsburgh, however Vicki A. Marking, its sales and marketing director, said there are a number of well established clients as far reaching as Saratoga County, with the ability to serve satellite offices across New York State.
“The demographic in the Glens Falls and Saratoga area really match with what we have in the Plattsburgh area. We have a sweet spot for certain size businesses who are looking for personalized, local IT support,” said Marking.
She said when the coronavirus first hit last March, business exploded for them in many ways that were initially unexpected. With so many people having to work from home, being able to set people up with networks for a “home office” became a growing demand.
They also were being sought out for their ability to provide IT cybersecurity.
“All of sudden our clients were finding themselves in an unplanned situation where they were having to connect to work servers, and having to think about confidentiality and security, and all from home,” said Marking.

By Rachel Phillips
In business, accounting is the day-to-day tracking of financially operations, both in the short term and the long term.
Not only does accounting serve the purpose of tax compliance and record keeping, but also recording metrics used for evaluating business performance. As such, it is a vital function for success in business.
However, with improving technology and the internet, it has become easier than ever for certain business tasks to be done remotely. As a result, recent years have seen an increase in businesses using outsourced accounting services.
When a business outsources accounting, they hire an outside professional to organize and evaluate their books and records.
Accountant and bookkeeper Lisa Daly of Daly Accounting in Queensbury said outsourced accounting can be a smarter financial decision for small businesses.

BY DANIEL S. GLASER, ESQ.
Local. Real Estate. Attorney.
When buying or selling real estate, it is imperative that you have the counsel, guidance, and skill of a local real estate attorney.
For example, next week you are going under the knife for a triple bypass surgery. You are given two options on how to proceed: use the services of a cardiothoracic surgeon; or save some money by trying to do it yourself.
Yes, you may have a steady hand but going with option one seems like the better way to go.
While the hypothetical may seem unrealistic, the message behind it is real. When you are dealing with something very important, for example making the largest purchase in your life, seek assistance from professionals that have a plethora of experience in their field. When you have to make a decision about whom you should use to represent you in your real estate transaction and dealing with hundreds of thousands of dollars, always go with a local real estate attorney.

By Jennifer Farnsworth
As technology continues to grow and expand across the business sector, accounting firms have worked hard to keep up.
Accounting advisory and consulting services have benefited from the way technology has allowed them to work with clients without meeting face-to-face. But these services still need to be personalized. Many local firms have found ways to balance technology with personalized service.
Kristen D. Berdar, CPA, CMA, a partner at BST & Co. CPAs LLP, runs the company’s Virtual Accounting Solutions Division. She said they offer outsourced CFO and accounting solutions for clients on a cloud-based platform, working entirely outside of the client’s office.
They work to create a personalized service that is based on each individual client’s needs and goals.
“We utilize technology to automate and streamline their accounting processes. We also offer them a sense of comfort by knowing their accounting is managed effectively and efficiently by a CPA firm that can also adapt to their changing needs,” said Berdar.

Debra A. Verni, Esq.
Recently, I received an email from one of my client’s daughters. It was mom’s 90th birthday and she took mom to a casino.
Mom won $1,300 on a slot machine. When the staff member came over to cash mom out and give mom her winnings, she asked for photo ID. Mom let her license expire years ago, as she was no longer driving so she did not have a photo ID.
The daughter asked the casino staff member if she could sign for mom as power of attorney because she had photo ID. They said no. Apparently, the rule is that the person who won the money (pushed the button on the slot machine) has to be the one to collect it, so she could not use the power of attorney to collect mom’s winnings.
Although the power of attorney is a very powerful document, it is not powerful enough to collect casino winnings. So why do you need a power of attorney?