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Schwell Wimpfheimer & Associates LLP

1430 Broadway, Suite 1615
New York, New York 10018

Phone(646) 328-0856
Fax (646) 360-5000

Law Firm Overview

Schwell Wimpfheimer & Associates LLP, a full-service law firm, provides top-quality legal services to clients ranging in size from Fortune 100 businesses to individuals and start-up companies.



Schwell Wimpfheimer & Associates LLP - Providing services in the following areas of law:

Articles Published by Schwell Wimpfheimer & Associates LLP

 Employer Alert: Are You Ready for 2013?

United States employers will be faced with a number of new obligations as of January 1, 2013

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 Don’t Get Caught in 409A Tax Trap – Year End Deadline Looms

Severance payments on a release or non-compete must comply with Section 409A tax rules by December 31, 2012.

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 The JOBS Act – Key Provisions You Should Know

Last month, President Obama signed historic and far reaching legislation into law – the Jumpstart Our Business Start-ups Act (the “JOBS Act”). The broad impact of the JOBS Act effects companies – whether private or public, domestic or foreign – as well as capital raises, the IPO market, and more.

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 Can You Keep a Secret? Tips for Negotiating Non-Disclosure Agreements

Non-Disclosure Agreements (also commonly known as Confidentiality Agreements) are used in a variety of business relationships. Here are some of them: A prospective employee, independent contractor or consultant to a business will be asked to sign one as a condition to being hired.

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 SEC Amends Definition of “Accredited Investors”

Last week the U.S. Securities and Exchange Commission (the “SEC”) amended its rules to exclude the value of a person’s home from net worth calculations used to determine whether such individual qualifies as an “accredited investor”. The amendment is not “new law” but rather simply conforms the SEC rules with the Reform and Consumer Protection Act (the “Dodd-Frank Act”) which already became law on July 21, 2010.

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 SEC Limits its Non-Public Review Policy for Non-U.S. Issuers

On December 8, 2011, the Division of Corporation Finance of the U.S. Securities and Exchange Commission significantly limited its policy of allowing non-U.S. issuers to submit initial drafts of registration statements (initial public offering or other first-time registration statements) on a “draft” confidential basis.

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 SEC Moves Forward and Approves Tougher Listing Standards for Reverse Merger Companies

In November, the Securities and Exchange Commission approved new rules (the “New Reverse Merger Rules”) that make it more difficult for companies that have effected a “reverse merger” (also known as a “reverse takeover”) to go public and meet the required listing standards of the three major U.S. exchanges – the NYSE, NYSE Amex and NASDAQ.

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 Renewable Energy Credits: Representations and Warranties Every Buyer Should Ask for

When buying renewable energy credits (RECs), purchasers should make sure to negotiate a short but critical set of REC-focused representations and warranties. These representations and warranties are promises regarding the REC itself or the seller’s ownership of the REC.

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 Managing Employee Use of Social Media

Facebook. LinkedIn. Twitter. These and other social media sites have created fast-paced opportunities for individuals to network and for information to spread. However, with these opportunities come potential hazards, particularly in connection with the workplace. By formulating social media practices and policies that comply with recently issued legal standards, employers have the ability to minimize, if not eliminate, the challenges posed by employee use of social media.

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 New Effective Dates Set for ERISA Disclosure Rules

Effective Date of Service Provider Fee Disclosure Extended to April 1, 2012 - Effective Date of Participant-Level Disclosure Extended to May 31, 2012

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 Employment Law Update for New York Employers

This article outlines the obligations of New York employers under the New York Wage Theft Prevention Act (“WTPA”), which became effective on April 9, 2011.

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 Going Mobile: A Quick Guide to Legal Issues When Monetizing (Non-Music) Content

You are a publisher of traditional hard copy content (newspapers, books, graphic novels, magazines, photographs) and your materials are in demand to fill the digital pipeline created by numerous web-based and mobile applications. Or, you are a media agency or corporate brand manager seeking to extend your footprint into the online space. You are eager to have millions of new eyeballs accessing your treasure trove. Your software developers are on board, ready to digitize.

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 When Is a Copyright Registered?

At what point in time is a copyright application considered to be “registered” so that the owner of the copyright can sue for damages under the U.S. Copyright Act of 1976? Is it when the copyright holder’s application is received by the Copyright Office (the “application approach”)? Or is it when the Copyright Office issues a certificate of registration (the “registration approach”)?

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 Supreme Court Expands Scope of Deferential Review of ERISA Plan Administrators’ Determinations

The U.S. Supreme Court’s recent ruling in Conkright v. Frommert, [1] highlights the importance of ensuring that an ERISA plan’s documents explicitly grant discretionary authority to the plan administrator to interpret the plan and resolve ambiguities. The ruling affirms that a court will not second guess an administrator armed with such authority even in a case where the administrator has previously made a mistake.

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 Watch Your Words When Drafting a Settlement and Release

Say what you mean and mean what you say. That’s the message from the Delaware Court of Chancery in a recent case involving an agreement between two parties to settle their dispute. When the parties then began to fight over exactly what they had agreed to settle, the court dissected their agreement word for word.

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 If My Only Contact with a State Is My website, Can I Be Sued There?

A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York.

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 Monitoring Employee Electronic Communications: A Violation of an Employee’s Right to Privacy?

With the increasingly significant role that electronic communications such as email and text messages play in the work place, employers often face the question of whether they have the right to monitor these communications, or whether doing so would violate an employee’s right to privacy.

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 Court Says Copyright Law Protects Content Even in More than One Medium

A recent decision by the Southern District of Florida in Forman v. W. Allen Morris clarifies the scope of copyright protection that is available when identical language is protected by a registered copyright in one medium but is then infringed in another. See Forman v. W. Allen Morris, 2010 U.S. Dist. LEXIS 67434 (S.D. Fla. July 6, 2010).

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 Recent Bankruptcy Court Decision May Illuminate Whether Electricity Will Be Considered a Good

I give the experimentalist’s answer to the very fundamental but very familiar query: “What is electricity?” His answer is naïve, but simple and definite. He admits at once that as to the ultimate nature of electricity he knows nothing. –Robert Millikan, American Nobel Laureate in Physics

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 Hiring a Literary Agent

Here are some things to think about when you are hiring a literary agent to try and sell your manuscript to book publishers.

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 Keeping Your Trademark ‘Healthy’

It is well accepted that each of us, to maintain our health, should have periodic medical and/or dental examinations. Likewise, most people maintain their motor vehicles with a periodic tune-up and test.

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 Monitoring Employee Electronic Communications: A Violation of an Employee’s Right to Privacy?

With the increasingly significant role that electronic communications such as email and text messages play in the work place, employers often face the question of whether they have the right to monitor these communications, or whether doing so would violate an employee’s right to privacy.

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 Catcher Caught in More Legal Maneuvering

Catcher in the Rye fans will be interested in recent litigation regarding the great American coming-of-age novel that has been brewing in the Southern District of New York. Catcher, is J.D. Salinger’s classic story about a disillusioned teenager named Holden Caulfield who is kicked out of boarding school and then wanders around New York City for a few days with his friends before ultimately returning back home.

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 The Restoring American Financial Stability Act of 2010 – Some Important Highlights

The U.S. Senate recently passed the Restoring American Financial Stability Act of 2010 (“RAFSA”). The Bill contains numerous provisions that would significantly impact all U.S. public companies (regardless of size), including corporate governance and executive compensation.

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