Bond Schoeneck & King PLLC

One Lincoln Center 110 West Fayette Street
Syracuse, NY 13202-1355, United States

  • (315) 218-8000
  • (315) 218-8100

A Hiring Supervisor’s Subjective Judgment That the Selected Employee Would “Fit in Better” Could Create an Inference of Discrimination

A recent Second Circuit case highlights the potential perils of basing employment decisions upon subjective judgments which are susceptible to multiple interpretations. In Abrams v. Department of Public Safety, the court…more
| Civil Rights, Labor & Employment Law

IP & Technology Newsletter (Fall 2014)

The Supreme Court’s decision in Alice Corp. Pty. Ltd. vs. CLS Bank Int’l, 134 S. Ct. 2347 (decided June 19, 2014) (“Alice”) is an important decision that will have an impact on software and computer-related inventions. In its…more
| Intellectual Property, Science, Computers, & Technology

Alice in Wonderland: Are Software Inventions Still Patentable in View of the Supreme Court’s Ruling?

The Supreme Court’s decision in Alice Corp. Pty. Ltd. vs. CLS Bank Int’l, 134 S. Ct. 2347 (decided June 19, 2014) (“Alice”) is an important decision that will have an impact on software and computer-related inventions. In its…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Environmental and Energy: NYSDEC Proposes Revisions to Petroleum Bulk Storage, Used Oil and Chemical Bulk Storage Regulations (9/14)

The New York State Department of Environmental Conservation (DEC) recently announced the availability of draft revisions to the Petroleum Bulk Storage (PBS), Chemical Bulk Storage (CBS), and Used Oil regulations for public…more
| Energy & Utilities, Environmental Law

OSHA Changes Reporting Requirements for Work-Related Accidents

On September 11, 2014, the U.S. Department of Labor, Occupational Safety and Health Administration (“OSHA”), announced a final rule amending its injury and illness recording and reporting requirements. Although the rule has not…more
| Labor & Employment Law

NLRB Holds That Discharge of Employees for Facebook Conversation Was Unlawful

On August 22, 2014, the National Labor Relations Board (“NLRB”) issued companion decisions in Three D, LLC d/b/a Triple Play Sports Bar and Grille, holding that the employer violated the National Labor Relations Act (“NLRA”) by…more
| Communications & Media Law, Labor & Employment Law

CDC Issues Guidance for Colleges and Universities about Ebola Outbreaks

The Center for Disease Control (CDC) has issued guidance to colleges and universities on how to respond to the spread of Ebola in West Africa. The guidance includes suggested precautions with respect to (a) study abroad…more
| Education, Health

Health Care: Tackling DSRIP - Legal, Financial, and Clinical Issues for Non-Lead Providers (9/14)

Designed by New York State to seek a federal waiver for the expenditure of Medicaid funds, the Delivery System Reform Incentive Program (DSRIP) will allocate 6.42 billion dollars to health care providers in New York State to…more
| Health

The Latest From The NLRB On Employment-At-Will Policies

Just two years ago, employers weren’t terribly worried about the approach the National Labor Relations Board (NLRB) took toward employment-at-will policies. True, the board did seem to signal at the time that it might…more
| Commercial Law & Contracts, Labor & Employment Law

NCAA to Appeal O’Bannon Decision

Last Thursday, the NCAA announced that it had filed a notice of appeal of Judge Claudia Wilken’s August 8, 2014 decision in O’Bannon v. National Collegiate Athletic Association et al. The appeal was widely anticipated as the…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Civil Procedure, Education

Health Care: Charting the Path Forward to DSRIP for Long-Term Care Providers (8/14)

Designed by New York State to seek a federal waiver for the expenditure of Medicaid funds, the Delivery System Reform Incentive Program (DSRIP) will allocate 6.42 billion dollars to health care providers in New York State to…more
| Health

Facially Sex-Neutral Statements and Conduct May Support a Sexually Hostile Work Environment Claim

The Second Circuit’s recent decision in Moll v. Telesector Resources Group, Inc. is a good reminder to employers that a sexually hostile work environment claim can be based on more than just sexually explicit or sexually…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Health Law Wire: OIG Report on Nursing Home Compliance with Federal Regulations for Reporting Allegations of Abuse or Neglect (8/14)

The Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services released a report and recommendations for nursing facilities to develop and implement written policies related to reporting…more
| Health

OFCCP Proposes Rule Regarding Annual Submission of Employee Compensation Data

On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule requiring covered Federal contractors and subcontractors with more than 100 employees to submit an annual Equal Pay Report on…more
| Civil Rights, Labor & Employment Law, Government Contracting

Sun Tzu — And the Art of Defending an Employment Discrimination Claim

Sun Tzu’s seminal work “The Art of War” has long been required reading in leading business schools. As a definitive work on strategy, the impact of “The Art of War” crosses a great many sectors. In its most basic sense, Sun…more
| Civil Procedure, Civil Rights, Labor & Employment Law
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