Hodgson Russ LLP

Teacher Discipline Pursuant to §3020-a of the New York State Education Law: Significant Changes

Several years ago, there were changes made to §3020-a intended to streamline the process of disciplining a tenured teacher/administrator. Effective July 1, 2015, even more significant changes have been made to the statute based…more
| Constitutional Law, Education, Labor & Employment Law

Hague to Break It to You: International Design Applications Are Not a Silver Bullet for Multijurisdictional Protection

As of May 13, 2015, the Hague Agreement is fully implemented in the United States. There has been a significant amount of excitement regarding the U.S. accession to the Hague Agreement, which includes an extension of U.S. design…more
| Intellectual Property, International Law & Trade

Discovery Orders May Threaten Traditional Notions of Trade Secret Protection

Historically, confidential and proprietary information, such as the formulas for Coca-Cola and Pepsi, is trade secret information that will not be made available to the public during litigation. While Coke and Pepsi are probably…more
| Civil Procedure, Energy & Utilities, Intellectual Property

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
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