Hodgson Russ LLP

1540 Broadway 24th floor
New York, NY 10036, United States

  • 212.751.4300

Employee Benefits Developments - July 2014

In May 2014, the Departments of Labor (DOL), Health and Human Services (HHS), and Treasury issued Frequently Asked Questions (FAQs) Part XIX, addressing, among other subjects, the following: The newly revised DOL model…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Health, Taxation

New York Tax Department’s Response to Gaied Misses the Mark

New York Tax Department’s Response to Gaied Misses the Mark by Timothy P. Noonan The New York State Department of Taxation and Finance recently issued a revised version of its nonresident audit guidelines, which are used by…more
| Civil Procedure, Taxation

Hobby Lobby: Just a Start

As a trial lawyer, I rarely pay much attention to dissenting opinions. They do not serve as meaningful precedent, and they tend only to express the loser’s frustrated perspective. But Justice Ginsburg’s dissent in the Supreme…more
| Civil Rights, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Health

Multistate ZEV Plan Looks to Increase the Use of Zero-Emission Vehicles Through Infrastructure Development, Standardization, and Taxpayer Incentives

On May 29, 2014, the ZEV Program Implementation Task Force issued a 32-page action plan detailing the efforts that eight states will undertake to increase the number of zero-emission vehicles (ZEVs) in use. ZEVs are battery…more
| Energy & Utilities, Environmental Law, Transportation

Take Off Every Zig: The Risk in Tesla’s “All Our Patent Are Belong to You” Message

With a title parodying a classic Internet meme, Elon Musk announced on June 12, 2014, that “Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.” Musk plans to continue filing…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Department of Commerce Announces Preliminary Decision to Impose Tariff on Solar Panels Imported From China

Some U.S. solar equipment manufacturers have lauded the Department of Commerce’s recent decision to impose high tariffs on solar panels imported from China as the end of China’s unfair market advantage; however, from the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Energy & Utilities, International Law & Trade, Taxation

Full of Sound and Fury: The Supreme Court’s Decision on the Affordable Care Act’s Controversial Contraceptive Coverage Mandate

A divided Supreme Court ruled it is a violation of the Religious Freedom Restoration Act (RFRA) to mandate that certain closely held corporations provide contraceptive coverage under their group health plans. RFRA prohibits the…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Health

IRS Announces Changes to Its Offshore Voluntary Disclosure and Streamlined Procedures

On June 18, 2014, the IRS announced a number of significant changes to its Offshore Voluntary Disclosure Program (OVDP) and 2012 streamlined procedure for nonresidents and the addition of a streamlined procedure for U.S…more
| Finance & Banking, International Law & Trade, Taxation

Harris v. Quinn Decision May Set Stage for Further Rulings Limiting Public Unions

On Monday, the U.S. Supreme Court decided Harris v. Quinn. As readers of my June 10 posting will recall, the plaintiffs in that case objected on First Amendment grounds to being required to contribute public union dues as a…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

Employee Benefits Developments - June 2014

In This Issue: - Rulings, Opinions, Etc. ..Validating Rollover Contributions: New Guidance - Case ..Stock Drop Case Development: The Supreme Court Rejects The Presumption Of Prudence ..Dividend…more
| Civil Procedure, Labor & Employment Law, Health, Securities Law, Taxation

U.S. Supreme Court Rules that Recess Appointments to the NLRB Are Unconstitutional: Noel Canning – Part III

On Thursday, June 26, 2014, the U.S. Supreme Court issued a much anticipated ruling in the Noel Canning case. President Obama’s recess appointments to the National Labor Relations Board (NLRB) were found to be unconstitutional…more
| Constitutional Law, Elections & Politics, Labor & Employment Law

New Obamacare Benefit Mandate Takes Aim at Breast Cancer

Under the Affordable Care Act, insurers and employers that sponsor non-grandfathered medical plans must cover and pay the full cost of specified preventive services in accordance with recommendations issued by the U.S…more
| Labor & Employment Law, Health, Insurance

New York Ruling Raises Questions About The Taxation of Cloud Computing Services

When you were a child, lying faceup on a grassy knoll in the yard, staring at the clouds, what did you see? Animals? Faces? Tall ships on the high seas? Or perhaps you felt left out and never understood why people claimed to see…more
| Commercial Law & Contracts, Science, Computers, & Technology, Taxation

Data Breach + No Insurance + No Legal Counsel = #Loss

Welcome to the new age! Data breaches are embedded in our lives – there is no escape. The costs to any company to operate a business without cyber liability insurance and legal counsel are astronomical. Is your company equipped…more
| Privacy, Insurance, Science, Computers, & Technology

The Comity of Nations in a Technological World: Beyond the Border Action Plan

Canada and the United States share the world’s longest international border – more than 5,500 miles coast to coast and more than 7,000 miles when Alaska is included. In 2013, Canada and the United States engaged in more than…more
| Immigration Law, International Law & Trade, Taxation
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