News
This year’s Robin Hood Benefit
FM was truly honored to witness the transformative power of philanthropy at this year's Robin Hood Benefit. The "Met Ball of Finance" brought together NYC's corporate and non-profit leaders for a night of giving, raising over $68.5 million to combat poverty.
Inspired by "The Matrix," Paul Tudor Jones II led the charge for this event, emphasizing the importance of education in breaking the cycle of poverty. We are honored to work together with New York leaders to make sure every New Yorker gets a fair shot.
NY Law Journal Focuses on FM Advocacy
Case centers on Court administrative authority and has statewide impacts.
https://www.law.com/newyorklaw...
New York Gaming Update - April 2024
The state Gaming Commission indicated last month that it likely won’t start accepting applications in the high-stakes casino bidding war until the City Council approves a land use change necessary to build a casino in the five boroughs. The state commission previously said it would also not begin considering those applications until state-appointed advisory committees meet to evaluate the bids. This pivot means casino licenses won’t be awarded for many more months, if not longer — much to the dismay of gaming applicants.
In 2022, the New York State Legislature passed a law to expedite the process with the hope that the bidding would have started last year. At the very least, the regulatory body suggested it will not open the bidding process until the approval of a citywide zoning change, which could happen in the coming weeks. The Commission could wait on accepting applications until some bids obtain additional zoning approvals — like state legislation or city zoning modifications — specific to their projects. “The Board is cognizant of the many factors relating to the zoning requirement, including New York City’s proposed text amendment relating to gaming facilities and of the many zoning-related questions posed by applicants during the first two rounds of questions,” reads a statement from the Gaming Commission, referencing the powerful Gaming Facility Location Board, which will ultimately award the licenses. “The updated timeline, expected to be finalized soon, will consider these and other factors.” Each project must first get sign-off from ad hoc casino boards appointed by state and city leaders for their applications to be considered. None of those boards have even been set up yet. “The Gaming Facility Location Board will provide applicants a reasonable amount of time to obtain zoning approval for their proposed projects – a statutory requirement for Board consideration,” the gaming commission said in a statement to POLITICO.
New Court of Appeals Rule
New Rule Effective December 10, 2025
The New York Court of Appeals' new rule, effective December 10, 2025, reorganizes rules for amicus curiae briefs and adds a provision restricting them from using opinions of individual lawmakers outside of the official legislative record to argue legislative intent. Amici can address statutory language, canons of construction, and publicly available contemporaneous legislative history. The Rule is part of amendments to Rule 500.23 of the Court's Rules of Practice and applies only to statutory construction cases and aims to provide clear guidance on permissible arguments concerning legislative intent.
Proposed amici may address the statutory language itself, canons of statutory construction, and publicly available contemporaneous legislative history (i.e. bill jackets, sponsor memos part of the official record). Proposed amici are explicitly prohibited from presenting the views of individual lawmakers that exist outside of the publicly available contemporaneous legislative history to argue legislative intent.
LEADING ALBANY LAW FIRM ADDS NAMED PARTNER
For Immediate Release
For more information contact:
James Featherstonhaugh: jdf@fcmlaw.org 518.436.0786
David Fleming, Jr.: dff@fcmlaw.org 518.436.0786
ALBANY, NEW YORK - The partners of Featherstonhaugh & McCardle, LLP (FM), a leading law firm specializing in government relations, regulatory affairs, business law, health law, and association management, have announced that Jonathan S. McCardle, Esq., a partner with the firm, has been elevated to a named partner. The firm is now Featherstonhaugh & McCardle, LLP (FM).
“Jonathan’s exceptional service to our clients and overall contributions to our firm’s strategic plan for continued growth, makes this name change a logical evolution for the next generation of our operations,” said partner James Featherstonhaugh.
FM has an unparalleled reputation and history in Albany as a leading government relations and law firm focused on bridging the gap between business and government. The firm is also the New York capital city member of SCG Legal*, bringing clients access to law firms in all 50 state capitals in the United States as well as in the world’s commercial centers.
“I’m truly honored by this opportunity and value the tradition of excellence that has been the hallmark of this firm for decades. I’m excited for the growth and services for our clients that are ahead,” stated Jonathan McCardle.
Jonathan, a graduate of Siena College and Albany Law School of Union University, joined the firm in 2011. He has extensive knowledge and experience in the areas of governmental relations, administrative law, complex litigation, and procurement. As an attorney, Jonathan is a skilled courtroom advocate who has represented clients before the United States Court of Appeals for the Second Circuit and other tribunals across New York State. His most recent success was obtaining a nearly $1MM award in a FINRA arbitration proceeding.
“Jonathan’s remarkable track record of melding the historical successes of our firm with new avenues for growth for our clients and the firm, make this change a natural next step in our development,” stated Chief Operating Officer David Fleming, Jr.
Jonathan is a co-author of the New York Chapter of “Lobbying, PACs and Campaign Finance”. As a registered lobbyist, Jonathan has represented private corporations and clients in the areas of healthcare, racing and gaming, financial services, and alcohol beverage control.
Jonathan is also a founding board member and current corporate officer of the New York Chapter of Folds of Honor, an organization that provides educational scholarships to spouses and children of America’s fallen and disabled service-members and first responders.
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*Members of SCG Legal practice independently and not in a relationship for the joint practice of law.
Insight into the latest lobbying news by New York Newsday
Our senior partner, James Featherstonhaugh, was tapped to provide insight into the latest lobbying news by New York Newsday.
FM’s Ryan Banagan named a City & State 2025 Trailblazer in Health Care
Ryan Banagan’s specialization in health policy has earned him a place as a City & State Trailblazer in Health Care for 2025. With a background that includes working in the New York State Legislature, Banagan has become a passionate advocate for his clients in the halls of power.
Banagan’s main focus recently has been on reducing child poverty in New York. Banagan worked with the Robin Hood Foundation’s Medicaid Task Force and the state Childhood Poverty Reduction Advisory Council to develop and advocate for $9 billion of childhood poverty recommendations to Governor Kathy Hochul.
FM’s David Fleming was on Capitol Pressroom’s Statewide Radio Program
FM’s David Fleming was on Capitol Pressroom’s statewide radio program discussing the challenges facing New York’s nonprofit cemeteries. FM’s cemetery practice is nationally recognized as a driver for marketplace development and a leader in legal representation.
The challenge of annual upkeep for cemeteries - The Capitol Pressroom
FM’s Newest Summer Associate
FM is pleased to welcome William Fleming to our office as a summer associate.
Will is a rising 3L at Albany Law School and a member of the Albany Law Review.
He most recently served as a legal intern with the New York State Senate and has prior experience in Massachusetts government and public affairs. This summer is an opportunity to welcome Will back to FM as he had previously served as a legislative intern during his undergraduate studies.
We look forward to a productive summer with Will on board.
FM’s Fleming Featured Speaker at Statewide Towns Conference
FM's COO shares governance and fiscal policy changes with New York's leading municipalities.
FM’s CCO, David Fleming, was a featured speaker at the Association of Town’s annual conference and training school in New York City. The conference is an annual tradition for the leadership of New York’s 933 towns.
David is widely recognized as a state expert in cemetery regulation and management. During his more than thirty years of advocating cemetery interests, David has negotiated some of the most significant changes in cemetery and cremation policy in New York which are now utilized as national models for cemetery regulation. During the pandemic of 2020, he was an emergency management resource to state and national organizations in death care planning and response while also managing cemetery and crematory operations. He is frequently tasked by state representatives, local governments, religious organizations, and trade groups, to handle complex and high-profile death care issues.
The annual conference provides a unique opportunity for FM to update officials from across the state on policy and governance matters that directly impact their residents and their fiscal plans.
FM’s COO Addresses International Institute
We are pleased to announce that Featherstonhaugh & McCardle's COO, David Fleming, Jr., was a featured speaker at the Summer 2025 Conference of the International Institute of Municipal Clerks. David regularly speaks at statewide and international gatherings on regulation compliance, statutory changes, and legislative advocacy. On behalf of FM, David also travels New York throughout the year to provide continuing education content for attendees at various programs.
FM Senior Partner Celebrated by City & State as NYS Gaming Leader
FM senior partner, James D. Featherstonhaugh, has been named a 2025 Casino & Sports Betting Trailblazer by City & State Magazine. The magazine is celebrating the major players in New York's expanding gambling industry.
"With more than a half century of experience in New York’s gambling and horse racing industries, attorney James Featherstonhaugh is a key player as the casino sector continues to evolve and expand in the state. Featherstonhaugh was the founding president of the New York Gaming Association and led the fight to legalize racetrack casinos in the state. He is also the corporate secretary and chief legal officer of the Saratoga Casino Hotel, which is one of the partners in The Coney casino bid in Brooklyn’s Coney Island."
Congratulations, Feathers!
FM Salutes Nonprofit Leader
FM salutes the leaders of change and preservation of history in New York City.
FM was once again honored to sponsor and attend the annual Gala at Green-Wood. This vital nonprofit is known internationally for their advocacy of progressive public policy and support of the arts. We were pleased to join over 400 guests in saluting the tenure of Green-Wood's remarkable president, Richard Moylan.
FM Once Again Recognized as Top 50 Lobbyists in New York
The FM Government Relations Team was once again recognized by City & State Magazine in their list of "The 2025 Top 50 New York Lobbyists". Congratulations to our dedicated and effective team.
FM LAW ADDS BRUCE W. GEIGER & ASSOCIATES
Featherstonhaugh & McCardle (FM), a leading law firm specializing in government relations, regulatory affairs, business law, health law, and association management, has announced that respected New York government relations professional, Bruce W. Geiger, President of Bruce W. Geiger & Associates, Inc., has been added to their New York team.
“I have had the opportunity to work with Bruce Geiger for decades and have admired his strategic approach to his client’s needs and how he has shepherded their success. His impressive government service, and years of running a respected government relations practice, make him an ideal addition to the FM team,” said David Fleming, FM’s Chief Operating Officer.
FM has an unparalleled reputation and history in Albany as a leading government relations and law firm focused on bridging the gap between business and government. The firm is also the New York capital city member of SCG Legal*, bringing clients access to law firms in all 50 state capitals in the United States as well as in international centers of commerce.
"It is a highlight of my career to be offered this opportunity to join the FM team of talented lawyers and government relations specialists," Geiger said. "I've known and worked with many of the firm's top professionals in the lobbying field over many years. I look forward to our continued collaboration to deliver the highest level of services to FM clients."
Bruce is a native of Long Island, New York. He previously held the position of Chief of Staff to the Vice President Pro Tempore of the New York State Senate prior to leaving government service. He has amassed years of experience in the New York State Legislature and private sector combined as a staff member, policy advisor, communications specialist, legislative director, chief of staff and lobbyist. As such, Bruce has directly developed laws, budget language and regulatory provisions that have had a significant impact on health care, transportation, property and income taxation, economic development, aviation, the environment and other important policy areas.
He holds a B.S. degree in Economics with a secondary concentration in Business from the State University of New York at Albany and has post-graduate training in Economics, Public Administration, Labor Relations and Public Finance.
*Members of SCG Legal practice independently and not in a relationship for the joint practice of law.
FM High-Profile Decision Announced
Decision has a significant impact on Surrogate Courts across New York.
FM is pleased to have received a favorable high-profile decision from New York State Supreme Court on behalf of the Erie County Surrogate against the Office of Court Administration. This case will have a significant impact on the administration of each and every Surrogate Court in New York.
FM is proud to stand with our clients regardless of the parties involved.
FM COO Talks with The New Yorker
This week’s The New Yorker features one of our favorite industry partners, Green-Wood, and an interview with FM COO David Fleming, Jr. exploring the forever business.
The expansive The New Yorker article may be found here: Green-Wood Cemetery’s Living Dead | The New Yorker
FM COO Listed by City & State Magazine
City & State Magazine has listed FM’s COO, David Fleming, on their list of “Who’s Who in Government Relations.” David was listed as one of the select New Yorkers notable in state policy initiative and spending.
In their listing of David, they stated the following:
“David Fleming, Jr. is arguably the state’s top expert in cemetery regulation and management. The veteran lobbyist...joined what’s now Featherstonhaugh, Clyne & McCardle in 1993 and began representing the New York State Association of Cemeteries two years later. Fleming assisted state and national organizations with their death care planning and emergency response during the COVID-19 pandemic. He recently worked on $100 million in nonprofit development projects that received state approval and continues to consult on high-profile death care issues across the state.”
Congratulations to David on this recognition.
FM COO Featured Speaker at NYSAC’s 97th Annual Fall Conference
FM COO David Fleming was a featured speaker at NYSAC's 97th Annual Fall Conference in Cooperstown, New York.
Fleming joined NYSAC's newly installed Chair of Government & Legal Affairs, Matthew Parisi of Kensico, in outlining marketplace strategies and challenges in the face of ongoing government change. NYSAC's annual meeting brings together exceptional nonprofit leaders from across the Empire State for a week of engagement and learning.
FM and NYS Tug Hill Commission Publish Cemetery White Paper
Featherstonhaugh & McCardle, LLP is pleased to announce that COO David Fleming and the New York State Tug Hill Commission, have published the second addition of a white paper guide for municipal governments dealing with cemetery abandonment.
This publication follows educational events for municipal officials at Tug Hill Commission events by Mr. Fleming on the transition of abandoned cemeteries to municipal control. It also follows an industry standard webinar FM presented for municipalities across New York.
The publication may be found at this link:https://tughill.org/wp-content/uploads/2023/02/Abandoned-Cemeteries-and-Municipal-Responsibilities-2023.pdf;
FM and NYS Tug Hill Commission Publish Cemetery Guide for Municipalities
Featherstonhaugh & McCardle, LLP is pleased to announce that COO David Fleming and the New York State Tug Hill Commission, have published the second addition of a white paper guide for municipal governments dealing with cemetery abandonment.
This publication follows educational events for municipal officials at Tug Hill Commission events by Mr. Fleming on the transition of abandoned cemeteries to municipal control. It also follows an industry standard webinar FM presented for municipalities across New York.
The publication may be found at this link:https://tughill.org/wp-content/uploads/2023/02/Abandoned-Cemeteries-and-Municipal-Responsibilities-2023.pdf