Hodgson Russ LLP

New Email Alert System Allows for Patent Publication Monitoring

On April 24, 2014, the United States Patent & Trademark Office (USPTO) announced the release of the Patent Application Alert Service (the Service). The Service provides free, customized email alerts when U.S. patent…more
| Intellectual Property

Teamwork Can Benefit Your Company’s Research, but Verify Inventors on any Resulting Patent Application

Much of today’s innovation is a collaborative process. In the past few weeks, stories were in the news about breakthroughs involving groups of researchers working on aluminum batteries, carbon electrodes for lithium-ion…more
| Energy & Utilities, Intellectual Property

NYSED Releases Memo on Selection and Appointment of Impartial Hearing Officers

The New York State Education Department (NYSED) released a filed advisory memo on the selection and appointment of impartial hearing officers to conduct a special education due process hearing…more
| Administrative Law, Constitutional Law, Education

Second Circuit Holds that Internal Complaints Suffice Under the FLSA’s Anti-Retaliation Provision

In a unanimous decision, the Second Circuit ruled on April 20 that internal complaints to an employer are protected from retaliation under the Fair Labor Standards Act (FLSA). Employers within the Second Circuit — New York,…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Recent Court of Appeals Decision Guts Force Majeure Clauses in Most Oil and Gas Leases

On March 31, 2015, the New York State Court of Appeals issued an opinion in the case of Walter R. Beardslee, et al. v. Inflection Energy, LLC, et al., interpreting the applicability of force majeure clauses to extend the primary…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Zoning, Planning & Land Use, Real Estate - Residential

OSEP Issues Letter Expanding Parents’ Right to an IEE

One of the most significant safeguards that parents of students with disabilities have under the Individuals with Disabilities Education Act (IDEA) is the right to an independent educational evaluation (IEE). In essence, this…more
| Civil Rights, Education

In Pursuit of Benefit Plan Overpayments

Benefit overpayments can (and often do) result from pension calculation errors that inflate a participant’s lump sum distribution or monthly pension payment. Overpayment scenarios are common in the disability and group health…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Finance & Banking

Tracking the Flight of the Snowbird

It is the time of year when the seasons change…And snowbirds return to Canada from their winter havens…And I debunk the common myths about the immigration rules for visitors. For many of us non-snowbirds who weathered the…more
| Immigration Law, International Law & Trade

HIPAA Breach Affects Many Western New York School Districts

Recently, a national BlueCross BlueShield affiliate, Anthem, Inc., discovered that its information technology systems was hacked. The information believed to have been accessed includes names, member ID numbers, dates of birth,…more
| Education, Privacy, Consumer Protection, Health, Science, Computers, & Technology

OCR Issues Guidance Regarding Immunization Requirements for Students With Disabilities

The U.S. Department of Education Office of Civil Rights (OCR) recently issued guidance regarding how schools should address situations where a student with a disability is unvaccinated. This guidance recognizes that there are…more
| Civil Rights, Education

As Expatriations Increase, Potential Relief for “Accidental” U.S. Citizens

According to Treasury reports, 3,417 U.S. citizens relinquished their U.S. citizenship in 2014, which is more than the number of expatriations reported in prior years. As required by law, the Treasury publishes a quarterly list…more
| Immigration Law, International Law & Trade, Taxation

U.S. Supreme Court Update, March/April 2015

The Supreme Court heard oral arguments in two cases involving state taxation on consecutive days in December. On 12/8/14, the Supreme Court heard oral arguments in Direct Marketing Ass'n v. Brohl, where the Court has…more
| Constitutional Law, Labor & Employment Law, Taxation, Transportation

New York’s Green Bank Committing to Diverse Transactions

New York State’s one-billion-dollar Green Bank opened for business in 2014 and has begun committing to transactions. The Green Bank’s self-professed sweet spot is investments between $5 million and $50 million. Examples of…more
| Energy & Utilities, Environmental Law, Finance & Banking, Zoning, Planning & Land Use, Real Estate - Commercial

Obama 2015 Tax Proposals

President Obama’s State of the Union address, delivered on January 20, 2015, proposed three significant changes to US federal tax law: (1) an increase from the current 20 percent rate to 28 percent for the top federal capital…more
| International Law & Trade, Real Estate - Residential, Taxation, Wills, Trusts, & Estate Planning

Are Cyber War & Cyber Terrorism Insurable?

The frequency of cyber war and terrorism is no longer the risk. The magnitude of the potential damages is the real threat. It’s conceivable that an enemy of the U.S. government could hack a U.S. energy, water, or fuel…more
| Commercial Law & Contracts, Privacy, Insurance, Science, Computers, & Technology
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