Bond Schoeneck & King PLLC

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One Lincoln Center
110 West Fayette Street
Syracuse, NY 13202-1355, United States
Phone: (315) 218-8000
Fax: (315) 218-8100
Areas of Practice
  • Bankruptcy
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Florida
  • Kansas
  • New York
Number of Attorneys
100+ Attorneys

New York's Highest Court Upholds "13 Hour Rule" for Home Health Aides Working 24-Hour Shifts

On March 26, 2019, the New York State Court of Appeals issued a ruling that will have a significant positive impact on home care agencies across the state. In a five-to-two decision, the Court upheld the validity of the New…more

DOL, Health Care Providers, Home Health Agencies, Home Health Care, Home Healthcare Workers

See all updates »

Eye on Telehealth – Major Medicare Expansion for Treatment of Opioid Abuse Effective July 1, 2019

Starting this July 1, 2019, new laws and regulations will expand the payment for telehealth for those having certain substance use disorders by allowing Opioid Treatment Programs (OTP) to provide telehealth visits to Medicare…more

CMS, Health Care Providers, Medicare, Opioid, Telehealth

See all updates »

U.S. Supreme Court Denies Certiorari In O’Bannon

The Supreme Court of the United States has denied both the NCAA’s and plaintiffs’ petitions for certiorari in the O’Bannon case. The parties had petitioned for review of the United States Court of Appeals for the Ninth…more

Certiorari, College Athletes, Deferred Compensation, Name and Likeness, NCAA

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NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked

In a decision issued yesterday, the New York State Industrial Board of Appeals (IBA) revoked the regulations regarding payment of wages by debit card and direct deposit. While the full decision is available here, the upshot is…more

Debit Cards, Direct Deposit, DOL, Employer Liability Issues, Payroll Cards

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Further Breaking News for New York State Institutions: State Provides Clarification on Article 129-B Audit

On Friday, July 7, 2017, the Office of Campus Safety clarified its Notice of Audit, specifically stating that it is “not requesting submission of personally identifiable information of any individual” and emphasizing that…more

Article 129-B, Colleges, Educational Institutions, FERPA, Personally Identifiable Information

See all updates »

One State Explores Imposing Real Property Tax on Nonprofits

In states such as New York, where local governments and public schools are funded by taxes on real property, exemptions are often highly scrutinized by assessors and taxpayers alike. However, the exemption provided to nonprofit…more

Legislative Agendas, Non-Profits, Property Tax, Tax Reform, Tax Revenues

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Environmental and Energy: NYS Department of Health Emergency Regulations - Cooling Tower (8/15)

In response to the recent outbreak of Legionnaires’ disease in New York City, emergency regulations requiring testing and inspection of building cooling towers statewide became effective on Monday, August 17, 2015 (the Effective…more

Department of Health and Human Services (HHS), Emergency Management Plans

See all updates »

IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing process,…more

Copyright, Disparagement, Patents, Pleading Standards, Trade Secrets

See all updates »

In the Holiday Spirit, Give While You Can

The 2017 Tax Cuts and Jobs Act (the “Act” or “Tax Reform”) increased the basic exclusion amount for decedents dying and gifts made between January 1, 2018 and December 31, 2025, from $5 million to $10 million, before adjustment…more

Estate Planning, Estate Tax, Gift Tax, Proposed Regulation, Tax Cuts and Jobs Act

See all updates »

OSHA Update: Changes to Injury and Illness Reporting Requirements

On January 25, 2019, OSHA published a final rule that rescinded a requirement adopted in 2016 for establishments with 250 or more employees to electronically submit to OSHA information from their OSHA Forms 300 and 301. Those…more

Electronic Filing, Employer Liability Issues, OSHA, Reporting Requirements, Workplace Illness and Injury Reporting

See all updates »

New York's Highest Court Upholds "13 Hour Rule" for Home Health Aides Working 24-Hour Shifts

On March 26, 2019, the New York State Court of Appeals issued a ruling that will have a significant positive impact on home care agencies across the state. In a five-to-two decision, the Court upheld the validity of the New…more

DOL, Health Care Providers, Home Health Agencies, Home Health Care, Home Healthcare Workers

See all updates »

Remember, Exhaustion of FMLA Leave is (Still) Not the End of the Road!

Employers must remember that an employee’s exhaustion of his or her Family and Medical Leave Act (“FMLA”) entitlement is not necessarily the “end of the road” for that worker. Consider the following scenario: An employee is…more

ADA, Employer Liability Issues, FMLA, Hiring & Firing, Reasonable Accommodation

See all updates »

New Partnership Audit Rules are Effective This Year: Does Your LLC Operating Agreement or Partnership Agreement Need to be Revised?

You have a great relationship with your partners, but would you want to pay for your retiring partners’ income taxes? Most partners would not. Without providing clear direction in your LLC operating agreement or partnership…more

Audits, Income Taxes, IRS, LLC Agreements, Partnership Agreements

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The U.S. Department of Labor Issues New Proposed Regulations on Joint Employer Status

On April 1, 2019, the Wage and Hour Division of the U.S. Department of Labor ("DOL") announced a proposed update to its joint employment regulations, which is the first significant revision to the DOL's joint employment rules…more

DOL, FLSA, Joint Employers, Minimum Wage, Over-Time

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School Districts: Here We Go Again…(Most) Recent Changes To APPR Regulations (5/16)

On May 16, 2016, Board of Regents yet again issued revised emergency regulations related to teacher and principal annual professional performance reviews (APPR). These new regulations go into effect on June 14, 2016…more

New Regulations, Performance Reviews, School Principal, Teachers

See all updates »

IRS Announces 2018 Pension and Related Limitations

The Internal Revenue Service recently announced the dollar limitations for pension plans and other items beginning January 1, 2018. Some of the limits are listed below…more

401k, 403(b) Plans, 457(b) Plans, Defined Benefit Plans, Defined Contribution Plans

See all updates »

Second Circuit Court of Appeals Rules That Title VII Prohibits Sexual Orientation Discrimination

Just this week, the U.S. Court of Appeals for the Second Circuit (which is the federal appeals court that covers cases that originate in the U.S. District Courts in New York) issued a decision holding that discrimination based…more

Employer Liability Issues, Hiring & Firing, Sexual Orientation, Sexual Orientation Discrimination, Title VII

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The First Department Appellate Division Adopts An Expanded Definition of Marital Status Discrimination Under the New York City Human Rights Law

In 1980, the New York Court of Appeals (the highest court in New York) held that the prohibition against "marital status" discrimination contained in the New York State Human Rights Law includes only discrimination based on the…more

Employer Liability Issues, Employment Discrimination, Family Status Discrimination, Hiring & Firing, Marital Status

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IRS Announces 2018 Pension and Related Limitations

The Internal Revenue Service recently announced the dollar limitations for pension plans and other items beginning January 1, 2018. Some of the limits are listed below…more

401k, 403(b) Plans, 457(b) Plans, Defined Benefit Plans, Defined Contribution Plans

See all updates »

Eye On Congress: House Of Representatives Begins Assessing Potential Limitations On Medicaid Coverage

With the Congress and the President aligned to repeal the Affordable Care Act, there are now renewed efforts to make further changes designed to close perceived loopholes in eligibility for long term care. On February 1, 2017…more

Affordable Care Act, Health Care Providers, Legislative Agendas, Medicaid

See all updates »

NLRB Revisits and Overturns Longstanding Precedent Regarding Disclosure of Witness Statements

As we reported in an earlier blog post, the National Labor Relations Board issued the American Baptist Homes of the West (“Piedmont Gardens”) decision in December 2012, overturning more than 30 years of precedent shielding…more

American Baptist, Canning v NLRB, Confidential Information, Disclosure, NLRB

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Late Start for Union Election Results in Rerun Election with Very Different Results

Early in February 2017, a group of drivers at the Bronx Lobster Place, a wholesale seafood distributor, voted 14-12 in favor of union representation, with one challenged ballot. Shortly after the election, the Lobster Place…more

Employer Liability Issues, NLRB, Union Elections, Unions

See all updates »

Second Circuit Court of Appeals Holds That Cosmetology Students at a For-Profit Cosmetology Training School Were Not Employees Under the Fair Labor Standards Act or New York Labor Law

On February 5, 2019, the Second Circuit Court of Appeals held that students at a for-profit cosmetology school who provided cosmetology services to the general public at the school's salon as part of the requirements to qualify…more

FLSA, Primary Beneficiary Test, Students, Wage and Hour

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Antitrust: FTC Announces Annual Update of Thresholds for Premerger Notification Filings and Interlocking Directorates for 2016 (2/16)

The Federal Trade Commission (the FTC) has revised the monetary thresholds applicable to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). The HSR Act requires companies proposing a merger or…more

FTC, Hart-Scott-Rodino Act, Interlocking Directorate, Premerger Notifications, The Clayton Act

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Trust and Estate: Family Feud — Hollywood May Call It Entertainment But It Is No Laughing Matter for Family Businesses, Part I (9/16)

INTRODUCTION - There are over five million family owned businesses operating in the United States.1 The Small Business Administration has indicated that over 90% of all businesses operating in North America are family…more

Business Succession, Estate Planning, Estate Tax, Family Businesses, Partnerships

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New York Appellate Court Confirms the Expansive Scope of the New York City Anti-Harassment Law

A recent decision from the New York Appellate Division is a clarion call to employers in New York City of the legal risks they face for workplace harassment claims and the need for diligence in their harassment training and…more

Anti-Harassment Policies, Corporate Counsel, Employee Training, Employer Liability Issues, Employment Policies

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System-Wide SUNY Policy Will Require All SUNY Campuses to Develop a Sexual and Romantic Relationship Policy by March 1, 2019

On October 9, 2018, the State University of New York (“SUNY”) Board of Trustees adopted a new resolution imposing new policy requirements with regard to consensual or amorous relationships among faculty, staff, and students. …more

Colleges, Faculty, Policies and Procedures, Sexual Harassment, Students

See all updates »

Environmental and Energy: Hydraulic Fracturing: Courts and Localities Act Where New York State Fears To Tread (7/14)

In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their…more

Energy Sector, Environmental Policies, Fracking, Fracking Bans, Oil & Gas

See all updates »

Live-in 24 Hour Case Argued

The State Court of Appeals, our State’s highest court, heard argument yesterday on the important question of whether home health care aides who are working twenty-four hour live-in shifts must be paid for twenty-four hours, or…more

Health Care Providers, Home Health Care, Home Healthcare Workers, Wage and Hour

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Let’s Get Back to the Basics of Workplace Investigations When the Whistle Blows

Conducting workplace investigations is one of the most challenging and most important duties that Human Resource professionals must take on. With the slew of existing laws, how Human Resource professionals respond to complaints…more

Best Management Practices, Employer Liability Issues, Human Resources Professionals, Internal Investigations, Whistleblowers

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A Higher Hurdle Imposed for ADA Plaintiffs in the Second Circuit

It just became a bit more difficult for plaintiffs within the jurisdiction of the Second Circuit Court of Appeals (which includes New York) to succeed on disability discrimination claims brought against their employers under the…more

ADA, ADEA, Disability Discrimination, Employer Liability Issues, Hiring & Firing

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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

At-Will Employment, Employee Handbooks, Employer Liability Issues, Employment Contract, Employment Policies

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Merchants Say Potato; Courts Say Potahto - The New York Credit Card Surcharge Saga Continues

As we reported on in 2013, 2015, and 2016, there has been much legal confusion as to how New York merchants can pass on the credit-card “swipe fees” to their customers. In the case of Expressions Hair Design v. Schneiderman, a…more

Credit Card Surcharges, Credit Cards, Debit and Credit Card Transactions, First Amendment, Merchants

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U.S. Department of Health and Human Services Issues Cybersecurity Guidance For Health Care Providers 

The U.S. Department of Health and Human Services (“HHS”), in conjunction with the Health Sector Coordinating Council has released cybersecurity guidelines (the “Guidelines”) to assist health care providers and inform best…more

Cyber Threats, Cybersecurity, Data Protection, Data Security, Data Theft

See all updates »

IRS Announces 2018 Pension and Related Limitations

The Internal Revenue Service recently announced the dollar limitations for pension plans and other items beginning January 1, 2018. Some of the limits are listed below…more

401k, 403(b) Plans, 457(b) Plans, Defined Benefit Plans, Defined Contribution Plans

See all updates »

What School Districts Need to Know About the New Red Flag Law

On February 25, 2019, Governor Cuomo signed the “Red Flag” bill into law. The purpose of this law, also known as the “extreme risk protection order” law, is to prevent individuals from accessing firearms, rifles and shotguns who…more

FERPA, Firearms, Governor Cuomo, Public Schools, School Districts

See all updates »

IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing process,…more

Copyright, Disparagement, Patents, Pleading Standards, Trade Secrets

See all updates »

Proposed Title IX Regulations Would Necessitate Extensive Changes to Institutional Policies and Practices

On November 16, 2018, more than a year after rescinding Obama administration era Title IX subregulatory guidance on colleges’ and universities’ obligations under Title IX, the United States Department of Education published its…more

Colleges, Educational Institutions, Proposed Regulation, Public Comment, Sexual Assault

See all updates »

IRS Announces 2018 Pension and Related Limitations

The Internal Revenue Service recently announced the dollar limitations for pension plans and other items beginning January 1, 2018. Some of the limits are listed below…more

401k, 403(b) Plans, 457(b) Plans, Defined Benefit Plans, Defined Contribution Plans

See all updates »

Late Start for Union Election Results in Rerun Election with Very Different Results

Early in February 2017, a group of drivers at the Bronx Lobster Place, a wholesale seafood distributor, voted 14-12 in favor of union representation, with one challenged ballot. Shortly after the election, the Lobster Place…more

Employer Liability Issues, NLRB, Union Elections, Unions

See all updates »

U.S. Federal Trade Commission (FTC) Announces Annual Update to HSR and Interlocking Directorate Thresholds

HSR - The FTC recently announced annual updates to certain thresholds for reporting transactions pursuant to the Hart-Scott-Rodino Antitrust Improvements Act (HSR). The announcement of these adjustments was delayed due to the…more

Antitrust Provisions, Filing Fees, FTC, Hart-Scott-Rodino Act, Interlocking Directorate

See all updates »

The Supreme Court Rules That Requiring Non-Members to Pay Agency Fees to Public Sector Unions is Unconstitutional

On June 27, 2018, the Supreme Court struck down mandatory “agency” or “fair share” fees for public sector employees who decline to become union members. In the decision, Janus v. AFSCME, the Court held that an Illinois statute…more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

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Intellectual Property and Technology: New Federal Law Means You Should Update Your Non-Compete And Non-Disclosure Agreements (5/16)

President Obama this week (on May 11) signed into law the Defend Trade Secrets Act (DTSA) of 2016. This is truly a landmark law; one that expands the federal remedies companies can pursue to halt the theft of trade secrets vital…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, New Legislation

See all updates »

Environmental and Energy: Hydraulic Fracturing: Courts and Localities Act Where New York State Fears To Tread (7/14)

In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their…more

Energy Sector, Environmental Policies, Fracking, Fracking Bans, Oil & Gas

See all updates »

NLRB Eases Burden of Demonstrating Independent Contractor Status by Overruling Prior Decision

On January 25, 2019, the National Labor Relations Board issued a decision clarifying the test for determining whether workers are independent contractors or employees. In SuperShuttle DFW, Inc., the Board reversed its 2014…more

Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification, NLRB

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Deadline Approaches For Major Requirements Under New York’s Cybersecurity Rule

New York’s cybersecurity regulations (“Regulations”) set forth rolling deadlines, with some of the most significant mandates coming into play on September 1, 2018. Issued by the Department of Financial Services (“DFS”), and…more

Banking Sector, CISO, Covered Entities, Cybersecurity, Data Protection

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NLRB Rules that Graduate (and Undergraduate!) Students are Employees and May Unionize

The National Labor Relations Board (Board), in Columbia University , has issued a 3-1 decision holding that graduate, and undergraduate, student assistants are common law employees within the meaning of the National Labor…more

Brown University, Collective Bargaining, Colleges, Educational Institutions, Graduate Students

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New York City Law Protecting Freelance Workers Goes Into Effect on May 15, 2017

A new New York City law covering freelance workers goes into effect on May 15, 2017. The law, informally called the “Freelance Isn’t Free Act,” gives non-employee independent contractors the right to a written contract upon…more

Contract Terms, Freelance Isn't Free Act (FIFA), Freelance Workers, Independent Contractors, Local Ordinance

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Exempt Organizations: 2015 Amendments to New York’s Nonprofit Revitalization Act (2/16)

In December of 2013, New York enacted the Nonprofit Revitalization Act (the NPRA) which impacted all New York not-for-profit corporations as it sought to not only update New York’s Not-for-Profit Corporation Law (NPCL) but it…more

Amended Regulation, Independent Directors, Internal Revenue Code (IRC), Non-Profits

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Governor Cuomo Signs Bill Amending Public Employee Whistle Blower Protection Statute

On December 28, 2015, Governor Cuomo signed a bill repealing Civil Service Law § 75-b(2)(b). This has a significant effect on the anti-retaliation provisions of New York’s “whistle blower” protection statute for public…more

Anti-Retaliation Provisions, Governor Cuomo, Public Employees, Repeal, Whistleblower Protection Policies

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Further Breaking News for New York State Institutions: State Provides Clarification on Article 129-B Audit

On Friday, July 7, 2017, the Office of Campus Safety clarified its Notice of Audit, specifically stating that it is “not requesting submission of personally identifiable information of any individual” and emphasizing that…more

Article 129-B, Colleges, Educational Institutions, FERPA, Personally Identifiable Information

See all updates »

A Proposed New York State Regulation Requires First-Of-Their-Kind Cybersecurity Requirements for Financial Services Companies

On September 13, 2016, New York Governor Andrew Cuomo announced that a first-of-its kind cybersecurity regulation has been proposed by the New York State Department of Financial Services (DFS) to further protect New York State…more

Cyber Attacks, Cybersecurity, Department of Financial Services, Public Comment

See all updates »

Environmental and Energy: Hydraulic Fracturing: Courts and Localities Act Where New York State Fears To Tread (7/14)

In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their…more

Energy Sector, Environmental Policies, Fracking, Fracking Bans, Oil & Gas

See all updates »

How Low Can You Go? Here’s A Clue: RPTL 720(1)

As The Desmond Hotel & Conference Center was gearing up for it’s New Year’s Eve celebration, on December 31, 2014, the Appellate Division (Third Department) handed down a decision in Village Square of Penna, Inc. v Board of…more

Appeals, Business Valuations, Hotels, Property Valuation, Tax Assessment

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New York Court of Appeals Issues Decision Addressing Public Access to Police Personnel and Disciplinary Records

On December 11, 2018, the New York Court of Appeals issued a decision (over two dissenting opinions) addressing public access to police personnel and disciplinary records. The Court held that certain personnel records sought by…more

Personnel Records, Police, Police Misconduct, Public Access Laws

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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

Discrimination, Employer Liability Issues, Hiring & Firing, Job Applicants, Race Discrimination

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New York State Releases Paid Family Leave Certification Forms

The New York State Workers’ Compensation Board (“WCB”) has just released the long-awaited Paid Family Leave (“PFL”) forms. There is a general application form (PFL-1), as well as various certification forms depending on the type…more

Employer Liability Issues, Local Ordinance, Paid Family Leave Law, Paid Leave, Paid Time Off (PTO)

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GDPR: Winter is coming (and enforcement is too)

After its implementation in May 2018, the European Union General Data Protection Regulation (GDPR) continues to dominate headlines in many industries, including technology. On September 25, 2018, Facebook discovered a security…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, EU Data Protection Laws

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New York Institutions: New Amendments to the Nonprofit Revitalization Act of 2013 Signed into Law by Governor Cuomo

On November 28, 2016, New York State Governor Andrew Cuomo signed legislation enacting another round of amendments to the Nonprofit Revitalization Act of 2013. The amendments should ease compliance with the NPRA’s related party…more

Colleges, Educational Institutions, Non-Profits, Universities

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A New Announcement Ends The Uncertainty About When The New Disability Claims Procedure Requirements Will Become Effective, And Requires Compliance By April 1, 2018

The United States Department of Labor (“DOL”) issued regulations in 2016 that made significant changes in the claims procedure requirements for employee benefit plans covered by the Employee Retirement Income Security Act…more

Disability Benefits, Disclosure Requirements, DOL, Employee Benefits, ERISA

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New Executive Order Regarding Free Speech and Consumer Awareness

President Trump will sign a new Executive Order (EO): Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities. The EO focuses on two areas: free speech and consumer awareness…more

Colleges, Executive Orders, Free Speech, Trump Administration, Universities

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Bordering on Unlucky – Gift Card Holders May Not File Late Claims

Don’t wait to spend those gift cards sitting in your junk drawer. The Second Circuit Court of Appeals held in an October 29, 2014 decision that gift card holders may be out of luck trying to file claims for unused gift cards if…more

Appeals, Chapter 11, Commercial Bankruptcy, Constructive Notice, Filing Deadlines

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Part 1: In the Third Department, Annual Filings Are Required

As we dig out from under an unusually cold and snowy winter, we can’t help but ponder the efficacy of our statutory freeze provision, especially in light of two 2015 Appellate Division cases that seem to have completely opposite…more

Annual Filings, Appeals, Commercial Property Owners, Property Tax, Tax Assessment

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Toxic Tort and Environmental Litigation: What Does a Reformed TSCA Mean for Private Rights of Action Under State Law? (9/16)

As we reported, on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety Reform for the 21st Century Act (the Act) into law, enacting the Toxic Substances Control Act’s (TSCA) first reform in its four…more

Chemicals, Corporate Counsel, EPA, Lautenberg Act, Preemption

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Eye On Congress: House Of Representatives Begins Assessing Potential Limitations On Medicaid Coverage

With the Congress and the President aligned to repeal the Affordable Care Act, there are now renewed efforts to make further changes designed to close perceived loopholes in eligibility for long term care. On February 1, 2017…more

Affordable Care Act, Health Care Providers, Legislative Agendas, Medicaid

See all updates »

OFCCP Issues Two New Directives

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently announced two new directives focused on ensuring equal employment opportunity and religious freedom. The equal employment…more

Anti-Discrimination Policies, Employment Discrimination, Executive Orders, Federal Contractors, OFCCP

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When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the…more

Corporate Counsel, Executive Compensation, Exempt-Employees, FLSA, Minimum Salary

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Recent NLRB Decision Restricts the Scope of Protected Concerted Activities Under the National Labor Relations Act

On January 11, 2019, in Alstate Maintenance, LLC, the National Labor Relations Board issued a decision that draws a clear distinction between employee conduct that constitutes protected "concerted activities" under the National…more

Employer Liability Issues, NLRA, NLRB, Protected Concerted Activity, Section 7

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EEOC Files Two Recent Lawsuits Challenging Employer Wellness Programs

The Affordable Care Act creates new incentives to promote employer wellness programs. However, employers should not rush to establish such programs without first considering the implications of the Americans with Disabilities…more

Affordable Care Act, EEOC, Employee Benefits, Healthcare, Healthcare Reform

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IP & Technology Newsletter (Spring 2014)

In this issue: - Special Report: US Supreme Court Will Decide Key IP Cases in 2014 - Patent Litigation: Strategies to Battle NPEs: Lessons from the Front Lines - Design Patents: The Federal Circuit Extends…more

Design Patent, Highmark v. Allcare, Octane Fitness v. ICON, Patent Litigation, Patent Prosecution

See all updates »

OSHA Announces Feral Cats Are Not Vermin

On October 4, 2016, the Occupational Safety and Health Administration issued a press release and announced that it was proposing changes to 18 separate regulations “as part of an ongoing effort to revise provisions in its…more

OSHA, Workplace Safety

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“Registered to Do Business” Alone is No Longer Enough to Confer Personal Jurisdiction Over Foreign Corporations in New York

On January 23, 2019, the Appellate Division, Second Department issued a decision in Aybar v. Aybar, A.D.3d, 2019 NY Slip Op 00412 (2019). The Second Department’s holding substantially narrows the grounds for establishing…more

Motion to Dismiss, Personal Jurisdiction, Principal Place of Business, Wrongful Death

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An Old "SNL" Skit, A New Court Decision, and How Rumors Can Lead to Sexual Harassment Liability

For those of you old enough to remember (and young enough to search YouTube), when Saturday Night Live was in its early heyday, one of its most popular skits was “Point/Counterpoint” starring Dan Aykroyd and Jane Curtin. During…more

Employer Liability Issues, Employment Litigation, Hostile Environment, Sexual Harassment

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U.S. Department of Health and Human Services Issues Cybersecurity Guidance For Health Care Providers 

The U.S. Department of Health and Human Services (“HHS”), in conjunction with the Health Sector Coordinating Council has released cybersecurity guidelines (the “Guidelines”) to assist health care providers and inform best…more

Cyber Threats, Cybersecurity, Data Protection, Data Security, Data Theft

See all updates »

Proposed Guidance Highlights the EEOC’s Continued Focus on Retaliation Claims

Employers face claims of retaliation at an increasingly alarming rate. Nearly 43% of all charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in FY 2014 included some allegation of retaliatory conduct…more

Anti-Retaliation Provisions, Comment Period, EEOC, Enforcement Guidance, Retaliation

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New York City Employers Beware: New Posting and Training Requirements on Sexual Harassment Will Soon Take Effect

There has recently been a lot of talk about New York State’s new sexual harassment policy and training requirements that will be taking effect state-wide on October 9, 2018. But New York City employers must also beware of new…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies, Local Ordinance

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Public Employees Will Soon Be Entitled to Paid Leave for All Types of Cancer Screenings

On December 18, 2017, Governor Cuomo signed legislation that amended Civil Service Law Sections 159-b and 159-c. Currently, those sections entitle most public sector employees to take up to four hours of paid leave per year to…more

Employer Liability Issues, Paid Leave, Public Employees, Wage and Hour

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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

CLS Bank v Alice Corp, Computer-Related Inventions, Patent Infringement, Patent Litigation, Patents

See all updates »

IRS Announces 2018 Pension and Related Limitations

The Internal Revenue Service recently announced the dollar limitations for pension plans and other items beginning January 1, 2018. Some of the limits are listed below…more

401k, 403(b) Plans, 457(b) Plans, Defined Benefit Plans, Defined Contribution Plans

See all updates »

US Patent Office Issues Patent No. 9,000,000

When I began my legal career in 2000, we were in the 6 million range for issued patents. Now, nearly 15 years later (with 3 million patents being issued during that time!), we are in 9 million range for issued patents…more

USPTO

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Labor Class Civil Service Employees Afforded Job Protection

On September 7, 2018, Governor Cuomo signed legislation that amended Civil Service Law Section 75. Pursuant to the amendments, Section 75 now extends hearing rights (i.e., the right to written disciplinary charges and a hearing…more

Amended Legislation, Collective Bargaining, Employer Liability Issues, Governor Cuomo, Hiring & Firing

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Complex Litigation Quarterly (Spring 2015)

In this issue: - SPECIAL REPORT: Increased Judicial Scrutiny for Restrictive Covenants and Claimed Trade Secrets - CLASS ACTION UPDATE: Don’t Overlook CPLR § 901(b): New York’s Protection Against Class Actions for…more

See all updates »

Fewer Voluntary Disclosure Options for U.S. Persons with Foreign Assets

The United States Offshore Voluntary Disclosure Program is ending on September 28, 2018. If you are a U.S. citizen living abroad, or you are living in the U.S. but hold foreign assets, this can sound terrifying. This is…more

IRS, Offshore Funds, OVDP, Reporting Requirements, Voluntary Disclosure

See all updates »

NLRB’s “Quickie” Election Rule Upheld

Last month, the United States Court of Appeals for the Fifth Circuit affirmed the lower court’s decision upholding the National Labor Relations Board’s “quickie” election rule. As we previously reported, the final rule, among…more

Administrative Procedure Act, NLRA, NLRB, Quickie Election Rules, Unions

See all updates »

Legal Risks Associated With a Retirement Plan's "Missing Participants"

Administrators of qualified retirement plans have always had to deal with the problem of “missing participants” – that is, terminated vested participants for whom the administrator does not have a current mailing address or…more

Breach of Duty, Defined Contribution Plans, DOL, ERISA, Fiduciary Duty

See all updates »

New York Institutions: New Amendments to the Nonprofit Revitalization Act of 2013 Signed into Law by Governor Cuomo

On November 28, 2016, New York State Governor Andrew Cuomo signed legislation enacting another round of amendments to the Nonprofit Revitalization Act of 2013. The amendments should ease compliance with the NPRA’s related party…more

Colleges, Educational Institutions, Non-Profits, Universities

See all updates »

IRS Announces 2018 Pension and Related Limitations

The Internal Revenue Service recently announced the dollar limitations for pension plans and other items beginning January 1, 2018. Some of the limits are listed below…more

401k, 403(b) Plans, 457(b) Plans, Defined Benefit Plans, Defined Contribution Plans

See all updates »

IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing process,…more

Copyright, Disparagement, Patents, Pleading Standards, Trade Secrets

See all updates »

Emergency Regulation Confirming the 13-Hour Payment Rule for Live-In Home Care Aides Working 24-Hour Shifts to be Followed by Confirmation of Retroact

On Friday, October 6, 2017 the New York State Department of Labor (NYDOL) used its “emergency” regulatory power to amend its Minimum Wage Order for Miscellaneous Industries and Occupations, relating to home care workers assigned…more

DOL, Employer Liability Issues, Health Care Providers, Home Health Agencies, Home Health Care

See all updates »

Trump Administration Announces Plan to End DACA

On September 5, 2017, Attorney General Jeff Sessions announced the Trump administration’s formal plan to end the Deferred Action for Childhood Arrivals (“DACA”) program. DACA was implemented in 2012, through an executive…more

DACA, Deportation, DHS, Employment Authorization Documents (EAD), I-9

See all updates »

GDPR: Winter is coming (and enforcement is too)

After its implementation in May 2018, the European Union General Data Protection Regulation (GDPR) continues to dominate headlines in many industries, including technology. On September 25, 2018, Facebook discovered a security…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, EU Data Protection Laws

See all updates »

New York State Economic Development Incentives Presentation

In This Presentation: NYS Economic Development Incentives • Five primary programs: o Start-Up NY Program; o Excelsior Jobs Program; o Industrial Development Agency (IDA) Benefits; o Brownfield Cleanup…more

Economic Development, Incentives, Startups

See all updates »

Environmental and Energy and School Districts: Testing Water for Lead Contamination Now Mandatory for New York State Schools – Urgent Deadlines for Compliance Apply (9/16)

On September 6, 2016, Governor Andrew Cuomo signed legislation (S.8158/A.10740) that now requires every school district and board of cooperative educational services (collectively referred to as "school districts" or…more

Contamination, Deadlines, Governor Cuomo, Safe Drinking Water Act, School Districts

See all updates »

Environmental and Energy: Proposed EPA Revisions to RMP Rule Could Increase Burden on Chemical Facilities (3/16)

On March 14, 2016, the United States Environmental Protection Agency (EPA) issued proposed revisions to EPA’s Risk Management Program or "RMP" regulations under §112(r) of the Clean Air Act. EPA’s proposal is intended to improve…more

Chemicals, Clean Air Act, EPA, Public Comment, Risk Management

See all updates »

Exempt Organizations: 2015 Amendments to New York’s Nonprofit Revitalization Act (2/16)

In December of 2013, New York enacted the Nonprofit Revitalization Act (the NPRA) which impacted all New York not-for-profit corporations as it sought to not only update New York’s Not-for-Profit Corporation Law (NPCL) but it…more

Amended Regulation, Independent Directors, Internal Revenue Code (IRC), Non-Profits

See all updates »

Cybersecurity and Data Privacy: Confidential Data Breach - Escaping Potential Liability (7/16)

The first question asked by many companies after a data breach is – What is our potential liability? On July 12, 2016 a Missouri Federal Court issued a ruling that companies should be aware of when defending customers’ claims…more

Class Action, Cybersecurity, Data Breach, Data Privacy, Hackers

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Environmental and Energy: New York State Department of Environmental Conservation Seeks Comment on Preliminary Draft of Revisions to Hazardous Waste Regulations (2/15)

On February 4, 2015, the New York State Department of Environmental Conservation (NYSDEC) made available for comment a Preliminary Draft for Public Consideration of Revised Hazardous Waste Management Regulations (Preliminary…more

EPA, Hazardous Waste, Proposed Amendments, Public Comment, Waste Management

See all updates »

In the Holiday Spirit, Give While You Can

The 2017 Tax Cuts and Jobs Act (the “Act” or “Tax Reform”) increased the basic exclusion amount for decedents dying and gifts made between January 1, 2018 and December 31, 2025, from $5 million to $10 million, before adjustment…more

Estate Planning, Estate Tax, Gift Tax, Proposed Regulation, Tax Cuts and Jobs Act

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NYS DOH Issues Medical Marijuana Emergency Regulations

On October 5, 2017, the New York State Department of Health (DOH) issued emergency regulations with respect to its medical marijuana program. Specifically, nursing homes, adult care facilities, and certain residential facilities…more

Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Marijuana, Medical Marijuana

See all updates »

New York Amends Law Regarding Employee Paid Time Off to Vote

In the early morning hours of April 1, 2019, New York State passed its new yearly budget. Though the budget included several items of importance and interest, it was an under-the-radar provision revising paid voting time for…more

Employer Liability Issues, Paid Time Off (PTO), State Labor Laws, Voting Leave, Wage and Hour

See all updates »

Employers Need to Develop an Action Plan to Deal With Workplace Violence

If the recent and tragic shootings at an office holiday party in San Bernardino, California, and at a lawn care company in Kansas have taught us anything, it is that these unfortunate incidents of workplace violence are becoming…more

Employer Liability Issues, General Duty Clause, OSHA, Workplace Violence

See all updates »

Exempt Organizations: 2015 Amendments to New York’s Nonprofit Revitalization Act (2/16)

In December of 2013, New York enacted the Nonprofit Revitalization Act (the NPRA) which impacted all New York not-for-profit corporations as it sought to not only update New York’s Not-for-Profit Corporation Law (NPCL) but it…more

Amended Regulation, Independent Directors, Internal Revenue Code (IRC), Non-Profits

See all updates »

Trust and Estate: Time-Sensitive: Give it Away While There is Still Time (8/16)

Proposed Regulations for Internal Revenue Code § 2704 Significantly Limit Valuation Discounts for Intra-Family Transfers - On August 2, 2016, the United States Department of the Treasury (the "Treasury Department") issued…more

Estate Planning, Family Limited Liability Companies, Internal Revenue Code (IRC), Proposed Regulation, Transfer Restrictions

See all updates »

High Court to Rule on Retirement Fund Exemption

Ruth Heffron established an IRA naming her daughter, Heidi Heffron-Clark, as the sole beneficiary. Ruth died in 2001 and the account, valued at roughly $300,000, passed to Heidi. After her mother’s death, Heidi then…more

Bankruptcy Code, Beneficiaries, Consumer Bankruptcy, Exemptions, Inheritance

See all updates »

Eye On Congress: House Of Representatives Begins Assessing Potential Limitations On Medicaid Coverage

With the Congress and the President aligned to repeal the Affordable Care Act, there are now renewed efforts to make further changes designed to close perceived loopholes in eligibility for long term care. On February 1, 2017…more

Affordable Care Act, Health Care Providers, Legislative Agendas, Medicaid

See all updates »

Cybersecurity and Data Privacy: Cybersecurity Information Sharing Act Passes Senate, Would Encourage Business to Share Cyber-Threat Data with Government (10/15)

Sharing information about cyber threats and analysis is a cybersecurity best practice but can often come into conflict with a company’s protection of its own data and that of its customers. On October 27, 2015, the U.S. Senate…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), DHS, Information Sharing, Pending Legislation

See all updates »

VERY LATE BREAKING NEWS: USCIS Issues Revised Final Guidance on Unlawful Presence for Nonimmigrant Students and Exchange Visitors

As you know from the August 2, 2018 Higher Education Law Report, the U.S. Citizenship and Immigration Services’ (“USCIS”) policy memorandum dramatically changing the way USCIS calculates unlawful presence for students and…more

Foreign Students, Immigration Procedures, Immigration Reform, Unlawful Presence Waivers, USCIS

See all updates »

Exempt Organizations: 2015 Amendments to New York’s Nonprofit Revitalization Act (2/16)

In December of 2013, New York enacted the Nonprofit Revitalization Act (the NPRA) which impacted all New York not-for-profit corporations as it sought to not only update New York’s Not-for-Profit Corporation Law (NPCL) but it…more

Amended Regulation, Independent Directors, Internal Revenue Code (IRC), Non-Profits

See all updates »

Part II: Is a Public Hearing Mandatory Pursuant to the Eminent Domain Procedure Law?

Our first installment in this series on condemnation procedures detailed a key element of the process found in the New York Eminent Domain Procedure Law (“EDPL”) – the public hearing. While the condemnation process generally…more

Eminent Domain, Takings Clause

See all updates »

Ban the Box: Westchester County Passes Legislation Prohibiting Conviction History Questions on Job Applications

Following the trend of other counties and municipalities throughout New York State who have adopted “fair chance” or “ban the box” legislation, the Westchester County Board of Legislators passed a local law on December 3 which…more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Criminal Records

See all updates »

Toxic Tort and Environmental Litigation: What Does a Reformed TSCA Mean for Private Rights of Action Under State Law? (9/16)

As we reported, on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety Reform for the 21st Century Act (the Act) into law, enacting the Toxic Substances Control Act’s (TSCA) first reform in its four…more

Chemicals, Corporate Counsel, EPA, Lautenberg Act, Preemption

See all updates »

Intellectual Property and Technology: New Federal Law Means You Should Update Your Non-Compete And Non-Disclosure Agreements (5/16)

President Obama this week (on May 11) signed into law the Defend Trade Secrets Act (DTSA) of 2016. This is truly a landmark law; one that expands the federal remedies companies can pursue to halt the theft of trade secrets vital…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, New Legislation

See all updates »

Eye on Telehealth – Major Medicare Expansion for Treatment of Opioid Abuse Effective July 1, 2019

Starting this July 1, 2019, new laws and regulations will expand the payment for telehealth for those having certain substance use disorders by allowing Opioid Treatment Programs (OTP) to provide telehealth visits to Medicare…more

CMS, Health Care Providers, Medicare, Opioid, Telehealth

See all updates »

GDPR: Winter is coming (and enforcement is too)

After its implementation in May 2018, the European Union General Data Protection Regulation (GDPR) continues to dominate headlines in many industries, including technology. On September 25, 2018, Facebook discovered a security…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, EU Data Protection Laws

See all updates »

What School Districts Need to Know About the New Red Flag Law

On February 25, 2019, Governor Cuomo signed the “Red Flag” bill into law. The purpose of this law, also known as the “extreme risk protection order” law, is to prevent individuals from accessing firearms, rifles and shotguns who…more

FERPA, Firearms, Governor Cuomo, Public Schools, School Districts

See all updates »

NLRB’s “Quickie” Election Rule Upheld

Last month, the United States Court of Appeals for the Fifth Circuit affirmed the lower court’s decision upholding the National Labor Relations Board’s “quickie” election rule. As we previously reported, the final rule, among…more

Administrative Procedure Act, NLRA, NLRB, Quickie Election Rules, Unions

See all updates »

Cybersecurity and Data Privacy: Federal Agencies Issue New Guidelines and Rules for Data Breaches and Online Security (11/16)

After recent high profile data breaches and threats to online privacy—ranging from Yahoo Inc.’s data breach of approximately 500 million accounts to the hacking of Hillary Clinton’s campaign manager, John Podesta’s email…more

Cybersecurity, Data Breach, Department of Health and Human Services (HHS), FCC, FTC

See all updates »

Environmental and Energy and Toxic Tort and Environmental Litigation: Do You Operate a Public Water Supply? Why You Need to Know for Sure. (4/16)

Drinking water quality and water contamination are now high-profile topics of concern, with the discovery of unexpected contaminants in "public" water supplies across the country. Providers of "public water" are obligated to…more

Contamination, Drinking Water, EPA, Lead, Water Supplies

See all updates »

USDOL Issues Proposed Regulations to Increase the Salary Level to Qualify for the White Collar Exemptions

On March 7, 2019, the U.S. Department of Labor issued proposed regulations that would increase the minimum weekly salary to qualify for the Fair Labor Standards Act white collar exemptions from $455 per week ($23,660 per year)…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Non-Exempt Employees

See all updates »

Cybersecurity and Data Privacy: Potential New Cybersecurity Regulations for Financial Institutions and Insurance Companies (11/15)

On the heels of recent high profile cyber-attacks against financial institutions and insurance companies, the New York State Department of Financial Services released a letter on November 9, 2015 that outlines proposed…more

CISO, Cyber Attacks, Cybersecurity, Data Security, Financial Institutions

See all updates »

Toxic Tort and Environmental Litigation: What Does a Reformed TSCA Mean for Private Rights of Action Under State Law? (9/16)

As we reported, on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety Reform for the 21st Century Act (the Act) into law, enacting the Toxic Substances Control Act’s (TSCA) first reform in its four…more

Chemicals, Corporate Counsel, EPA, Lautenberg Act, Preemption

See all updates »

Securities and Exchange Commission Amends Municipal Securities Disclosure Requirements

In an effort to enhance disclosure and increase transparency in the municipal Securities market, the Securities and Exchange Commission adopted amendments to Rule 15c2-12 of the Securities Exchange Act of 1934. The amendments…more

Disclosure Requirements, Municipal Securities Issuers, Municipal Securities Market, Proposed Amendments, Rule 15c2-12

See all updates »

New York State Releases Waiver and Voluntary Coverage Forms

The New York Workers’ Compensation Board recently released three key forms associated with Paid Family Leave (“PFL”): 1. PFL-Waiver: “Employee Opt-Out of Paid Family Leave Benefits”..…more

Employer Liability Issues, Local Ordinance, Paid Family Leave Law, Paid Leave, Paid Time Off (PTO)

See all updates »

Uncertainty Surrounding SALT Deduction Workarounds

In the wake of federal tax reform, i.e., the passage of the Tax Cuts and Jobs Act of 2017 (the “Tax Act”), specifically, the new $10,000 cap on itemized deductions for state and local taxes (i.e., SALT deductions), several…more

Itemized Deductions, Local Taxes, SALT, State Taxes, Tax Cuts and Jobs Act

See all updates »

Lobbying: Compliance is in the Details

A little known provision in the New York State Lobbying Act imposes a reporting requirement on organizations that are registered with the Joint Commission on Public Ethics (“JCOPE”) and submit reports for lobbying activities,…more

Lobbying, Lobbyists, Reporting Requirements, State and Local Government

See all updates »

Proposed Title IX Regulations Would Necessitate Extensive Changes to Institutional Policies and Practices

On November 16, 2018, more than a year after rescinding Obama administration era Title IX subregulatory guidance on colleges’ and universities’ obligations under Title IX, the United States Department of Education published its…more

Colleges, Educational Institutions, Proposed Regulation, Public Comment, Sexual Assault

See all updates »

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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