Hodgson Russ LLP

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

  • 212.751.4300

New Difficulty With Settlements at the New York State Division of Human Rights

The New York State Division of Human Rights’ (NYSDHR or the Division) standard stipulation of settlement document does not always include all of the terms that an employer would want when agreeing to pay a monetary settlement to…more
| Civil Remedies, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

U.S. Supreme Court to Address the Pregnancy Discrimination Act, Even as EEOC Issues Its Own Guidance on the Same Subject

Pregnancy discrimination has generated a lot of press this summer. On July 1, the Supreme Court agreed to hear Young v. United Parcel Services, Inc., which raises fundamental questions about the protections pregnant women are…more
| Civil Procedure, Civil Rights, Labor & Employment Law

McDonald’s and Its Franchisees: The General Counsel for the National Labor Relations Board Asserts That McDonald’s, USA, LLC Is a Joint Employer

On July 31, 2014, I participated in a panel discussion on the Al Jazeera America television program “Inside Story,” hosted by Ray Suarez, regarding the recent determination by the general counsel (GC) for the National Labor…more
| Labor & Employment Law, Franchise Law

The Lack of Concussion-Specific Helmet Safety Standards Remains a Concern for School Districts and Student-Athletes

With the national spotlight increasingly focused on concussion management, protocols, and prevention, it is somewhat surprising that helmet safety has not comprised a larger role in the discussion…more
| Art, Entertainment, & Sports Law, Education, Personal Injury

Governor Amends NYS Human Rights Law to Protect Unpaid Interns From Discriminatory Practices

On July 22, 2014, New York State Governor Andrew Cuomo signed a bill amending the New York Human Rights Law to grant unpaid interns protections from "discriminatory practices." The amendment is effective immediately and it…more
| Civil Rights, Labor & Employment Law

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
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