Overview

Bond has been providing New York State administrative, legislative and regulatory representation to our clients for more than 70 years.

We understand how the Legislature and the regulatory agencies work. With that knowledge, we chart action plans to meet our client's individual needs. If a client's problem requires a legislative solution, we will draft a bill and shepherd it through the Legislature. Sometimes a regulatory solution is available, in which case we will seek the adoption of an appropriate regulation. Other times, the client's needs may require negotiation with a state agency. And, there will be those instances when, despite best efforts, litigation against the agency must be pursued.

Being a full service firm is one of the things that differentiates us from many other firms that are engaged in lobbying or other regulatory work. As lawyers, we understand the impact that legislative and regulatory action can have on our clients. When combined with our lengthy experience in government relations, we know how to craft and present solutions, not just identify problems. We can and do draw on the many talents in the firm to craft those solutions. We also work for the long term. We were here yesterday and will be here tomorrow. We address immediate problems immediately, but avoid sacrificing long term goals to short term solutions.

Our Albany office was founded in 1973 specifically to provide governmental representation to our clients. Today, our Albany office has twenty-five lawyers engaged in the general practice of law, but governmental representation remains a prime focus. Members of our group work closely with government agencies and the Legislature. Members of the group have held government positions themselves. They are active in the American, State and County Bar Associations, as well as other professional organizations. Members of the group belong to both major political parties, but, as a part of our practice, we maintain close working relationships with members of both parties, in both legislative houses, and with the executive agencies.

When a decision made by a government official or a state or municipal governing body in New York has affected your rights, you may have the option to seek relief under Article 78 of the CPLR. We have the experience to know how to proceed or whether an Article 78 proceeding is in your best interests and we will give you an honest assessment of your likelihood of success.

Recent legislation at both the federal and state levels has caused much concern over compliance, ethics, procurement and lobbying. These laws have implemented dramatic new changes and added a significant degree of uncertainty to those wishing to comply. We are very experienced with all the new changes including: The Public Authority Accountability Act (2005), Procurement Lobbying Act (2005), Public Employees Ethics Reform Act (2007), Public Authorities Reform Act (2009), Public Integrity Reform Act (2011) and the New York State Attorney General Code of Conduct.

Attendance at legislative committee meetings and hearings is critical. We attend all committee meetings and legislative hearings that are important to our clients' success. test

Throughout each legislative cycle, thousands of bills are introduced in New York State. For each client, we establish a file of bills which are pertinent and may impact their organization and industry. We track the status of legislation in our clients' files daily and send updates when any movement occurs.

We develop a legislative package to achieve each client's desired results. We prepare the legislation and memoranda in support, identify key sponsors and prepare a strategic report outlining our plan for success. If the defeat of legislation is desired, we prepare a memorandum in opposition and develop a thorough strategy to ensure the bill does not become law.

On the Administrative/Regulatory side:

  • We represented an automobile dealer in the first matter brought to hearing before a Department of Motor Vehicles Administrative Law Judge under the Administrative Hearing process enacted in 2007. In 2007, we were able to have the Legislature pass and Governor sign a law creating an Administrative Hearing Procedure within the Department of Motor Vehicles which permitted dealers to bring claims against automobile manufacturers. In this case, the dealer alleged that the manufacturer had improperly imposed charge backs on warranty claims. After the matter came to a hearing, it was resolved by a confidential settlement agreement.
  • In another matter, the Attorney General demanded that our client, a hospital located in the New York City watershed, sign a consent order demanding changes to the hospital's method of disposing of unused pharmaceuticals. The hospital was in compliance with all existing legal requirements. We advised our client to reject the Attorney General's demands, and the Attorney General ultimately chose not to pursue it.
  • We represented a physician who had been convicted of a federal misdemeanor and whose group, of which he was a partner, of a federal felony for misbranding a drug. We were able to persuade the Medicaid Inspector General not to exclude the physician from the Medicaid program, and the Office of Professional Medical Conduct not to take any action to interfere with the physician's ability to practice. As a result of our efforts, the physician has been able to maintain his practice, with all hospital privileges intact.
  • We were able to negotiate with the New York State Department of Taxation and Finance a new Technical Service Bulletin (TSB) involving the applicability of sales tax trade-in credits for long term vehicle leases and clarification of the rules regarding what are referred to as "mixed-use" vehicles.
  • We successfully represented several clients before the New York State Department of Taxation and Finance in connection with sales and use tax and income tax matters. Many of those cases are covered by confidentiality agreements
  • Before the Empire State Development Corporation, we successfully represented clients seeking reinstatement in the Empire Zone Program or reversal of a decision denying an original application. Both a manufacturing company and a wind energy company were reinstated at our urging and a decision denying an original application for a large car wash company was reversed after a hearing before an administrative law judge.
  • We continued to work with a number of clients seeking economic development assistance, including low cost energy. We worked with both private businesses and industrial development agencies to assemble projects, including a shovel ready high tech park in Marcy, New York.

The New York State Lobbying Act requires that the Joint Commission on Public Ethics "monitor and make public the identities, activities and expenditures of those seeking to influence legislation, rules, regulations, and rate-making actions of New York State government." We are required by the Joint Commission on Public Ethics to register all clients involved in the above-mentioned practices. We assist our clients to ensure they remain in compliance with all New York State Lobbying Laws.

  • Representing client in licensing and permitting matters
  • Challenging agency actions in court
  • Representing clients against governmental actions in court
  • Contract challenges
  • Face to face meetings with the Governor's Office, legislators, cabinets and staffs
  • Appropriation requests
  • Business / political advice
  • Crisis management

We have developed and maintained significant relationships with key decision-makers on the state, federal and local levels throughout our more than one hundred years of combined government experience. We pride ourselves on being a team of experienced and hardworking professionals who exemplify dedication, integrity and leadership.

As a firm involved in governmental representation, the partners of our firm make significant annual political contributions and we never assess our clients for those contributions. Our group also advises our clients in regard to their own political contributions. If a Political Action Committee (PAC) is involved, we assist in the formation of the PAC and advise the PAC on contribution limits on both the federal and state levels. If our client is an individual or a corporation, we advice on applicable contribution limits.

New York State regularly releases information and Requests for Proposals (RFP's) for state product and service contracts. As they are announced, we forward our clients any contracts which may be of interest. Although we lobby before legislative, executive and agency officials, we also perform procurement lobbying; specifically, assisting our clients in winning government contracts.

We provide our clients a broad range of consulting services including regulatory and public affairs, issue management, procurement, and business development. Our team of professionals has extensive experience in government and we understand the regulatory process and its impacts on the business community.

We have successfully facilitated the passage of key legislation, implementation of important regulations and assisted in the defeat of legislation that would adversely impact our clients. Some of our recent legislative accomplishments include:

  • We drafted and garnered passage of Chapter 479 of the Laws of 2011, which establishes the Taxpayer Refund Act and affirms the right of New York taxpayers to receive personal income tax refunds by paper check.
  • For the same client, we were able to have legislation passed which extended provisions of the check cashing laws making banks engaged in stand-alone check cashing activities, subject to the three tenths of a mile distance restriction licensed check cashers are subject, creating a level playing field. The legislation became Chapter 591 of the Laws of 2010.
  • On behalf of a client, we were able to have Senator Martin Dilan (D-Brooklyn) and Assemblyman David Gantt (D-Rochester) introduce S.1347/A.1191 which would require that a franchisor first obtain a dealer's actual consent to participate in a program or promotion if the dealer must make a financial contribution to that program. Governor Cuomo signed that bill into law on June 2, 2011 as Chapter 548 of the Laws of 2011.
  • We were able to defeat the so called "Consumer Credit Fairness Act." The bill, which passed the Assembly would reduce the statute of limitations on consumer credit actions from six years to three years and impose a myriad of other obligations on those attempting to collect debts. The bill would have had major implications for all credit granting institutions, including banks, savings and loans, and even on colleges and universities seeking to collect unpaid tuition expenses. We were able to kill the bill in the Senate so that it did not become law, even though it was sponsored by the now Attorney General.
  • We were able to halt a mandatory helmet law, and to stop the implementation of sales tax on lift tickets.

Every day we send our clients articles and information from across the state. Whether it's a press release from a legislator, the governor or an advocacy group, a newspaper article that pertains to our client or their issue, or an announcement for an impending press conference, it is critical that our clients stay as informed as we are.