Bond Schoeneck & King PLLC

OFCCP’s New Pay Transparency Rule: Are You Prepared?

As we reported in a previous blog post, the Office of Federal Contract Compliance Programs (“OFCCP”) Final Rule implementing Executive Order 13665 (titled Non-Retaliation for Disclosure of Compensation Information) took effect…more
| Civil Rights, Government Contracting, Labor & Employment Law

IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing process,…more
| Civil Procedure, Elections & Politics, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Exempt Organizations: 2015 Amendments to New York’s Nonprofit Revitalization Act (2/16)

In December of 2013, New York enacted the Nonprofit Revitalization Act (the NPRA) which impacted all New York not-for-profit corporations as it sought to not only update New York’s Not-for-Profit Corporation Law (NPCL) but it…more
| Business Organizations, Nonprofit Law

Privilege Issues in the Media Firestorm

The situation has become all too familiar: an incident of prurient interest — whether actual or falsely alleged — goes viral on social media before university officials can even ascertain the names of the parties involved. …more
| Civil Procedure, Communications & Media Law, Education

Proposed Guidance Highlights the EEOC’s Continued Focus on Retaliation Claims

Employers face claims of retaliation at an increasingly alarming rate. Nearly 43% of all charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in FY 2014 included some allegation of retaliatory conduct…more
| Labor & Employment Law

NCAA Settlement Could Promote Concussion Prevention and Treatment, but Leaves Member Institutions on the Hook for Future Lawsuits

On January 26, U.S. District Judge John Lee of the United States District Court for the Northern District of Illinois granted preliminary approval of a new settlement of consolidated class action litigation involving the NCAA…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Education, Personal Injury

E-Discovery and Information Management: New Federal Rules Provide Welcome Relief to Businesses Facing Electronic Document Preservation Concerns, but a Recent Decision by the New York State Court of Appeals Could Deny That Relief to Businesses Operating in New York (2/16)

A recent amendment to Federal Rule of Civil Procedure 37(e) abrogates a series of federal court decisions that imposed harsh "adverse inference" sanctions on litigants that failed to initiate litigation holds to preserve…more
| Civil Procedure

Antitrust: FTC Announces Annual Update of Thresholds for Premerger Notification Filings and Interlocking Directorates for 2016 (2/16)

The Federal Trade Commission (the FTC) has revised the monetary thresholds applicable to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). The HSR Act requires companies proposing a merger or…more
| Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions, Securities Law

School Districts: APPR in New York, Just Like the Weather…If You Don’t Like it, Wait a Minute, it Will Change (2/16)

Almost six years ago, New York State passed Education Law § 3012-c, which fundamentally altered classroom teacher and principal evaluations, requiring for the first time that student performance and assessment be a main…more
| Education, Labor & Employment Law

Emergency Action Taken to Extend STEM OPT Program Rule Through May 2016

As reported in our November 2, 2015 blog post, the present STEM OPT rule which allows F-1 students with U.S. degrees in science, technology, engineering or mathematics (STEM) to extend their optional practical training (OPT) by…more
| Education, Immigration Law, Labor & Employment Law

New York State Division of Human Rights Adopts Regulations Prohibiting Discrimination Against Transgender Individuals

As we reported in a blog post last month, although neither the federal nor state law expressly prohibits discrimination on the basis of gender identity or expression, Governor Cuomo bypassed the legislative process and urged the…more
| Civil Rights, Labor & Employment Law

Cybersecurity and Data Privacy: Belated Holiday Gift - The IRS Doubles Down on Tax Free Identity Protection Services (1/16)

Following several high-profile breaches of business and government databases affecting the personal information of millions of Americans (including the IRS’s "Get Transcript" app) many businesses, governmental agencies and other…more
| Consumer Protection, Privacy, Science, Computers, & Technology, Taxation

Governor Cuomo Signs Bill Amending Public Employee Whistle Blower Protection Statute

On December 28, 2015, Governor Cuomo signed a bill repealing Civil Service Law § 75-b(2)(b). This has a significant effect on the anti-retaliation provisions of New York’s “whistle blower” protection statute for public…more
| Civil Rights, Labor & Employment Law

Employee Benefits: 2015 Ends With a Flurry of ACA Activity (1/16)

Employers were treated to a number of Affordable Care Act (ACA) developments just in time for the holidays and to ring in the New Year. Many of the developments are welcome news for employers, including an extension of the ACA…more
| Labor & Employment Law, Taxation

“Cat’s Paw” Liability in Faculty Decision-Making

Children’s fables are often an overlooked source of wisdom. Take for example Aesop’s 17th century fable “The Monkey and the Cat.” As the story goes, a cat and monkey lived in the same house as pets. The monkey, desiring to…more
| Civil Procedure, Civil Rights, Education, Labor & Employment Law
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