Bond Schoeneck & King PLLC

Run it Like a Rockstar: Board Novice to Pro in 10 Moves

Every person joining a nonprofit board will want to walk into their first meeting knowing exactly what needs to happen for the meeting to be properly run and successful. While comprehensive expertise can take years to achieve,… more

Best Practices, Board Meetings, Board of Directors, Bylaws, Corporate Governance

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Employee Retention Credit Expanded

The Employee Retention Credit (ERC) is a refundable payroll tax credit that was established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act for the purpose of retaining employees and continuing to pay employee… more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention, Paycheck Protection Program (PPP)

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Corporate Transparency Act Exempts Most (but not all) Nonprofits

The Corporate Transparency Act (CTA) now requires the vast majority of corporations, limited liability companies and other entities to report information concerning their beneficial ownership to the U.S. Treasury Department’s… more

501(c)(3), Beneficial Owner, Corporate Transparency Act, FinCEN, IRS

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Countdown to Data Privacy Day 2026 - What's On the Horizon: 2026 Data Privacy Trends That Will Redefine Compliance

In 2026, organizations will face a markedly more complex privacy and cybersecurity landscape. Numerous individual states continue to expand substantive requirements, federal regulators are asserting broader enforcement authority… more

Artificial Intelligence, Automated Decision Systems (ADS), California, COPPA, Cybersecurity

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NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked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, Department of Labor (DOL), Direct Deposit, Employer Liability Issues, Payroll Cards

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Artificial Intelligence in the Boardroom: Key Legal, Governance & Risk Considerations

As the business world accelerates its adoption of artificial intelligence (AI), many organizations are exploring AI-enabled tools to assist with meeting support functions such as recording, transcription and summarization. While… more

Artificial Intelligence, Board of Directors, Corporate Governance, Cybersecurity, Data Privacy

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Religious Charter Schools Continue to be Impermissible…for Now

The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state and… more

Appeals, Charter Schools, Establishment Clause, First Amendment, Free Exercise Clause

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OFCCP’s Pay Equity Directive Takes Aim at Federal Contractors 

On March 15, 2022, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a new directive addressing pay equity audits. The new Directive 2022-01 sets forth what OFCCP views as its apparent… more

Affirmative Action, Equal Pay, Federal Contractors, OFCCP, Pay Discrimination

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New York State OMIG Launches Provider Portal

The New York State Office of the Medicaid Inspector General (OMIG), in collaboration with Performant Healthcare Solutions, earlier this week announced the launch of its Recovery Audit Contractor (RAC) portal. Earlier this year,… more

Audits, Government Agencies, Health Care Providers, Medicaid, OIG

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Real Property Tax Grievance Procedures Adjusted Due to COVID-19 Crisis

Assessors have now received the guidance they have been waiting for as to how the real property tax grievance procedures in New York State will change during the COVID-19 crisis. The deadlines for the publication of tentative… more

Coronavirus/COVID-19, Property Tax, State Taxes, Tax Assessment

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EPA Proposed Modified Water Quality Rule Creating Greater Uncertainty

On June 2, 2022, the United States Environmental Protection Agency (EPA) announced a proposed rule updating the water quality certification regulatory requirements under Section 401 of the Clean Water Act (CWA). This proposed… more

Certification Requirements, Clean Water Act, Comment Period, Environmental Protection Agency (EPA), FERC

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IP & Technology Newsletter - Winter Recap 2020

The Winter Recap 2020 edition of Bond’s IP & Technology Newsletter features articles on: • Patent Prosecution: Diagnosis vs. Treatment: When Does Patient Care Become Patentable? • Patent Infringement: Hope for Utility… more

Certiorari, Patent Infringement, Patent Litigation, Patents, Trademarks

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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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Finally, New York Provides Relief for Employers Unaware of Weekly Pay Provision in the New York Labor Law

It is common practice across the country for employees to be paid every other week or twice per month, because that imposes much less time and manpower on an employer than running payroll weekly. But such a practice can subject… more

Amended Legislation, Corporate Counsel, Employees, Employer Liability Issues, Liquidated Damages

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Navigating the Shift from FIRE to IRIS – IRS Changes for Forms 1098, 1099 and other Information Return Filers

If your business files Form 1098, 1099 or other information returns with the Internal Revenue Service (IRS), a major shift is on the horizon. The IRS has recently announced the launch of its new Information Return Intake System… more

Filing Requirements, IRS, New Regulations, Penalties, Regulatory Requirements

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Key 2025 Changes to New York’s Prevailing Wage Law

Throughout 2025, New York enacted several significant amendments to the state’s labor law, impacting contractors and subcontractors working on covered prevailing wage projects… more

Construction Contracts, Construction Industry, Contractors, Energy Sector, New Legislation

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Employee Retention Credit Expanded

The Employee Retention Credit (ERC) is a refundable payroll tax credit that was established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act for the purpose of retaining employees and continuing to pay employee… more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention, Paycheck Protection Program (PPP)

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The Death of (Special) Duty? NYS Court of Appeals Creates “New” Exception to Long-Standing Limitation on Municipal Liability

In Feb. 2025, the New York State Court of Appeals issued a decision in the case Weisbrod-Moore v. Cayuga County (2025 NY Slip Op 00903) that has major implications for municipalities and local governments… more

Appeals, Government Agencies, Governmental Liability, Liability, New York

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Have You Checked Your Beneficiary Designations?

When was the last time you checked your beneficiary designations? Imagine spending years building your savings and crafting an estate plan, only to have your assets pass to the wrong person. Often, individuals think that once… more

Annuities, Beneficiaries, Defined Contribution Plans, Estate Planning, Life Insurance

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The National Labor Relations Board: The Show Must Go On, But With a New Independent Contractor Test

On June 13, 2023, the National Labor Relations Board (the Board), in its decision in the Atlanta Opera, Inc, brought back for an encore, its 2014 FedEx II standard for determining independent contractor status under the National… more

Employer Liability Issues, Independent Contractors, Misclassification, NLRB, Wage and Hour

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Coronavirus in the Workplace

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound approaches… more

Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Employment Discrimination, Employment Policies

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U.S. Department of Commerce Issues Expanded Notice of Funding Opportunity for Commercial Fabrication Facilities Under the CHIPS ACT

The U.S. Department of Commerce (DOC) has issued a new Notice of Funding Opportunity (NOFO) for commercial fabrication facilities which expands the pool of applicants eligible to obtain a portion of the $39 billion in incentives… more

Funding Opportunities, Manufacturers, Semiconductors, U.S. Commerce Department

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United States Department of Labor Issues Guidance on FMLA Leave for Time Traveling to and From Medical Appointments

On January 5, 2026, the United States Department of Labor (DOL) issued an opinion letter (FMLA2026-2) clarifying whether time spent traveling to and from medical appointments may qualify as protected leave under the Family and… more

Department of Labor (DOL), Employee Rights, Employer Responsibilities, Employment Policies, Family and Medical Leave Act (FMLA)

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“One Big Beautiful Bill Act” Tax Deductions

July 17, 2025 By: Erin M. Callahan and Hilda (Hildy) Marinello Curtin On July 4, 2025, President Donald J. Trump signed the “One Big Beautiful Bill Act” into law. The Act contains hundreds of provisions, including new tax… more

Fair Labor Standards Act (FLSA), Federal Taxes, Income Taxes, Internal Revenue Code (IRC), Over-Time

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New York City Council Passes New Pay Equity Reporting Bill

The sun rises, the alarm blares and Sonny & Cher’s “I Got You Babe” plays on the radio. It’s Groundhog Day— or, for New York City employers, another new bill from the city council introducing additional compliance requirements… more

Data Collection, Employer Responsibilities, New Legislation, Pay Transparency, Penalties

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American Privacy Rights Act

On April 7, 2024, Representative Cathy McMorris Rodgers and Senator Maria Cantwell introduced the American Privacy Rights Act (APRA) setting forth national data privacy rights and proposing a single, comprehensive federal data… more

Covered Entities, Cybersecurity, Data Privacy, Data Protection, Data Security

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Beating the Wait: Practical Tips to Shorten Patent and Trademark Pendency

It is taking longer to get a patent. Since 2020, the average time from patent filing to receiving the first action from the U.S. Patent and Trademark Office (USPTO) has risen from 14 months to 21 months, a 50% increase in only… more

Executive Orders, Filing Deadlines, Patent Applications, Patents, Remote Working

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New Venue Concerns for Corporations in New York State

Background The term “venue” in New York State civil procedure means the county in which a lawsuit is filed and prosecuted. Although it may seem somewhat inconsequential on its face, venue is an important strategic tool for… more

Litigation Strategies, Motion to Transfer, Transfer of Venue, Venue

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The NLRB Issues New Regulations - A New Assault On Employee Free Choice

On July 26, 2024, the National Labor Relations Board (NLRB) issued a new final rule concerning blocking charges, the voluntary recognition bar and union recognition in the construction industry that, in Orwellian fashion, it has… more

Construction Industry, Employer Liability Issues, New Regulations, NLRA, NLRB

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FTC’s “Junk Fees” Rule Impacts the Hospitality and Tourism Industry

In response to alleged “bait and switch” tactics in the live event ticketing and short term lodging industries, the Federal Trade Commission (FTC) issued a new rule (Rule) earlier this year to lessen the impact of “junk fees” on… more

Advertising, Consumer Protection Laws, Disclosure Requirements, Event Tickets, Federal Trade Commission (FTC)

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Run it Like a Rockstar: Board Novice to Pro in 10 Moves

Every person joining a nonprofit board will want to walk into their first meeting knowing exactly what needs to happen for the meeting to be properly run and successful. While comprehensive expertise can take years to achieve,… more

Best Practices, Board Meetings, Board of Directors, Bylaws, Corporate Governance

See all updates »

U.S. Department of Labor Clarifies How to Track an Employee’s FMLA Leave Use During a School Closure of Less Than One Week

On Jan. 5, 2026, the U.S. Department of Labor issued an opinion letter clarifying how schools must track an employee’s Family and Medical Leave Act (FMLA) utilization during school closures of less than one week… more

Department of Labor (DOL), Educational Institutions, Employer Responsibilities, Family and Medical Leave Act (FMLA), New Guidance

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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

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Education Department Unveils Final Rules to Protect Veterans and Service Members

On Oct. 27, 2022, the U.S. Department of Education (Department) announced final rules aimed at strengthening protections for U.S. service members and veterans, improving access to prison education programs, and raising… more

Department of Education, Educational Institutions, Final Rules, Military Service Members, Veterans

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Trump Administration Drops Appeal to Defend Dear Colleague Letter on DEI – Implications for Higher Education Institutions

The U.S. Department of Education, on Jan. 21, 2026, withdrew its appeal to the U.S. Court of Appeals for the Fourth Circuit aimed at defending its anti-DEI Dear Colleague Letter issued last year. The Trump Administration’s… more

Administrative Procedure Act, Anti-Discrimination Policies, Appeals, Dear Colleague Letter, Department of Education

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A Ban No More: District Court Strikes Down FTC’s Noncompete Ban

The FTC’s noncompete ban (16 C.F.R. § 910-1.6) is no more, at least for the time being. On Aug. 20, 2024, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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Countdown to Data Privacy Day 2026 - What's On the Horizon: 2026 Data Privacy Trends That Will Redefine Compliance

In 2026, organizations will face a markedly more complex privacy and cybersecurity landscape. Numerous individual states continue to expand substantive requirements, federal regulators are asserting broader enforcement authority… more

Artificial Intelligence, Automated Decision Systems (ADS), California, COPPA, Cybersecurity

See all updates »

“One Big Beautiful Bill Act” Tax Deductions

July 17, 2025 By: Erin M. Callahan and Hilda (Hildy) Marinello Curtin On July 4, 2025, President Donald J. Trump signed the “One Big Beautiful Bill Act” into law. The Act contains hundreds of provisions, including new tax… more

Fair Labor Standards Act (FLSA), Federal Taxes, Income Taxes, Internal Revenue Code (IRC), Over-Time

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Advance Notice Required Before COBRA Subsidy Ends

Group health plan sponsors that are providing the temporary COBRA premium subsidy required by the American Rescue Plan Act (ARPA) must provide advance notice to certain recipients that the COBRA subsidy will end. The notice must… more

American Rescue Plan Act of 2021, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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CMS Indefinitely Suspends SNF Medicare Provider Enrollment Revalidation Deadline

The Centers for Medicare and Medicaid Services (“CMS”) have indefinitely suspended the mandatory off-cycle Skilled Nursing Facility (“SNF”) provider enrollment revalidation deadline – one CMS most recently had extended to Jan… more

Centers for Medicare & Medicaid Services (CMS), Enrollment, Health Care Providers, Medicare, Skilled Nursing Facility

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Brackets, Brackets, Brackets: How to Avoid the Madness of Violating New York Law

As the calendar turns to March, many people begin anxiously awaiting the NCAA men’s and women’s basketball tournaments. This is also the time that some offices begin to round up participants for their bracket pools and… more

Advertising, Contests & Promotions, Gambling, Lottery, NCAA

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Two Courts Found the Department of Education’s Anti-DEI DCL Unlawful: Where Are We Now?

On April 24, 2025, two U.S. District Courts issued Orders finding the U.S. Department of Education (DOE)’s Feb. 14, 2025 “Dear Colleague” Letter (DCL) to be unlawful and narrowly restricting the DOE’s enforcement of the DCL. The… more

Administrative Procedure Act, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions, Executive Orders

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The National Labor Relations Board Rejects 75 Years of Precedent and Bans Captive Audience Meetings

Once again, the National Labor Relations Board (the Board) has upended long-established precedent. On Nov. 13, 2024, the Board issued its decision in Amazon.com Service, LLC, banning so-called “captive audience meetings” where… more

Employee Rights, Employer Liability Issues, Employment Policies, NLRA, NLRB

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The Death of (Special) Duty? NYS Court of Appeals Creates “New” Exception to Long-Standing Limitation on Municipal Liability

In Feb. 2025, the New York State Court of Appeals issued a decision in the case Weisbrod-Moore v. Cayuga County (2025 NY Slip Op 00903) that has major implications for municipalities and local governments… more

Appeals, Government Agencies, Governmental Liability, Liability, New York

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Honda Settlement for CCPA Violations Should Be A Warning to all Businesses

On March 12, 2025, the California Privacy Protection Agency (the Agency) announced a settlement with American Honda Motor Company, Inc. (Honda) for multiple violations of the California Consumer Privacy Act (CCPA), California’s… more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consent, Consumer Privacy Rights, Data Privacy

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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

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New York State Human Rights Law Amended to Include Disparate Impact in Employment Discrimination Claims

On Dec. 19, 2025, Governor Kathy Hochul signed Senate Bill S8338 into law amending the New York State Human Rights Law (NYSHRL) to expressly recognize “disparate impact” claims in employment discrimination claims… more

Amended Legislation, Disparate Impact, Employer Liability Issues, Employer Responsibilities, Employment Discrimination

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The Corporate Transparency Act: Upcoming Deadline for Compliance

The information memo below was originally published on Nov. 23, 2023 and identified new filing requirements for certain business entities under the Corporate Transparency Act (CTA). While business entities formed on or after… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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New York Extends Statute of Limitations for Filing Claims of Unlawful Discrimination with the Division of Human Rights

November 27, 2023 By: Gianelle M. Duby On Nov. 17, 2023, Gov. Kathy Hochul signed Senate Bill S.3255, which amends Section 297 of the New York Executive Law by extending the statute of limitations for filing complaints of… more

Employer Liability Issues, Employment Discrimination, State Labor Laws, Statute of Limitations

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Commercial Rent Payments During the COVID-19 Crisis

For many businesses that don’t own the facilities in which they operate, their rent payment is the largest operating expense other than wages. Both landlords and tenants are suffering as a result of the COVID-19 pandemic and… more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords, Rent

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Trust and Estate: Family Feud — Hollywood May Call It Entertainment But It Is No Laughing Matter for Family Businesses, Part II (11/16)

INTRODUCTION - As discussed in Part One of this article, statistics show that most family-owned businesses fail after a generation or two. Specifically, only 30% of family-owned businesses survive the transition from the… more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

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New York State's Effort to Replace the NLRB Is Enjoined

On Nov. 26, 2025, the U.S. District Court for the Eastern District of New York issued a preliminary injunction barring New York State from enforcing the recent legislative amendment that gave the New York Public Employment… more

Constitutional Challenges, Corporate Counsel, Jurisdiction, Labor Relations, NLRA

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NCAA Division I Modifies Name, Image and Likeness (NIL) Rules and Penalties Effective Immediately

The NCAA Division I Board of Directors made significant modifications to the rules pertaining to the reporting of NIL deals to the designated clearinghouse, NIL Go… more

Enforcement Actions, Name and Likeness, NCAA, New Legislation, Penalties

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New FOIL Notification Requirements for Public Employers

On Sept. 4, 2024, Gov. Kathy Hochul signed legislation requiring public employers to notify employees if their disciplinary records are requested as part of a Freedom of Information Law (FOIL) request. This legislation applies… more

Employer Liability Issues, Freedom of Information, Public Employees, Public Employers, State Labor Laws

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Gender-Based Violence and the Workplace Policy Requirement for Bidders on New York State Contracts Goes into Effect

As part of this year’s budget, New York State added Section 139-m to the State Finance Law, which requires bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and… more

Employee Training, Employer Responsibilities, Employment Policies, Gender-Based Violence, New Legislation

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Albany Supreme Court Decision Overturns Health Care Rate Reduction; Requires Rule-Making for Reimbursement Methodology Change

In a case brought by Bond, Schoeneck & King, the Albany County Supreme Court has overturned hundreds of millions of rate cuts implemented at the direction of the New York State Department of Health. The court, fully adopting the… more

Administrative Procedure Act, Health Care Providers, Medicaid, Regulatory Requirements, Reimbursements

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How the Recent Supreme Court Ruling Impacts Employers

Bond labor and employment attorney David M. Ferrara discusses implications for employers in the wake of the recent U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization. By overturning Roe v. Wade, the… more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Liability Issues, Employment Policies

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Must an Employer Offer a Reasonable Accommodation if a Federal Safety Regulation Prohibits Such Accommodation?

In a decision of interest to New York State employers subject to federal safety regulations, the Second Circuit Court of Appeals recently answered that question in the negative. In Bey v. City of New York1, the Court concluded… more

Americans with Disabilities Act (ADA), Corporate Counsel, OSHA, Reasonable Accommodation, Title VII

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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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NJDEP Amends Ground Water Quality and Remediation Standards

On Feb. 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) amended the Ground Water Quality Standards (GWQS) promulgated at N.J.A.C.7:9C, significantly changing the ground water quality criteria and/or… more

Enforcement, Environmental Policies, Groundwater, NJDEP, Pollution Control

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The Risk of Government Investigations and Potential Liability Under the Paycheck Protection Program

Calls for vigorous government investigation under the $659 billion Paycheck Protection Program (PPP) of the CARES Act have begun. This occurs amidst reports that various publicly traded companies have been beneficiaries of the… more

CARES Act, Coronavirus/COVID-19, Government Investigations, Paycheck Protection Program (PPP), SBA

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FinCEN Releases New Interim Final Rule

On Friday, March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) adopted an interim final rule that severely narrows the scope of the requirements to report beneficial ownership information (BOI) under the Corporate… more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, Filing Requirements

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As the Seasons Change, So Does New York’s Freedom of Information Law: The Application of NY’s FOIL to Law Enforcement Records

In June 2020, New York repealed Civil Rights Law § 50-a and amended portions of the State’s Freedom of Information Law (FOIL), resulting in significant changes to the types of law enforcement records subject to public… more

Freedom of Information, Law Enforcement, Public Records, State and Local Government

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FinCEN Releases New Interim Final Rule

On Friday, March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) adopted an interim final rule that severely narrows the scope of the requirements to report beneficial ownership information (BOI) under the Corporate… more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, Filing Requirements

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 Deadline for 457(b) Non-Governmental Plan Amendments Fast Approaching

No later than December 31, 2025, non-governmental 457(b) deferred compensation plans must be amended for certain changes under the SECURE Act of 2019 and the SECURE 2.0 Act of 2022. More specifically, non-governmental 457(b)… more

457(b) Plans, Benefit Plan Sponsors, Deadlines, Employee Benefits, New Legislation

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NYS School Smartphone Ban

Governor Hochul and the New York State Legislature recently reached an agreement on a “bell-to-bell” smartphone ban in schools. This new legislation will take effect for the 2025-2026 school year and will apply to all schools in… more

Education Reform, New Legislation, New York, Public Schools, School Districts

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Will EDTX Sanctions Decision Deter Improper Venue Allegations in Patent Lawsuits?

Following the Supreme Court’s TC Heartland decision in 2017, a patent owner may only sue an alleged infringer in either: (1) a judicial district of the state where the defendant is incorporated; or (2) a judicial district where… more

Federal Rules of Civil Procedure, Litigation Strategies, Motion to Dismiss, Patent Infringement, Patent Litigation

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Beating the Wait: Practical Tips to Shorten Patent and Trademark Pendency

It is taking longer to get a patent. Since 2020, the average time from patent filing to receiving the first action from the U.S. Patent and Trademark Office (USPTO) has risen from 14 months to 21 months, a 50% increase in only… more

Executive Orders, Filing Deadlines, Patent Applications, Patents, Remote Working

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New York State Amends the New York State Fair Credit Reporting Act to Limit the Use of Credit Reports in Employment

On Dec. 19, 2025, Governor Kathy Hochul signed Senate Bill S03072 (the Amendment) into law, amending the New York State Fair Credit Reporting Act to restrict the use of consumer credit history for employment purposes. With this… more

Consumer Privacy Rights, Employee Privacy Rights, Employer Responsibilities, Employment Policies, Fair Credit Reporting Act (FCRA)

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DEC Issues Revised Brownfield Cleanup Program Application

On Oct. 15, 2025, the New York State Department of Environmental Conservation (NYSDEC) issued a revised Brownfield Cleanup Program (BCP) application. In sum, NYSDEC added additional requirements to Section II of the BCP… more

Brownfield Properties, Climate Change, Comment Period, Department of Environmental Conservation, Filing Requirements

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COVID-19 Business Succession Planning

In just nine months, the COVID-19 pandemic has changed nearly everything – how we work, play, teach, shop, travel. And its full impact is still not known, as the virus continues to claim lives and livelihoods. Amid so much… more

Business Succession, Coronavirus/COVID-19, Estate-Tax Exemption, Gift-Tax Exemption, Interest Rates

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New York State Funding Available for Higher Education and other Nonprofit Institutions for the Construction and Expansion of Licensed Child Care Programs

In December 2025, Governor Kathy Hochul announced the start of a new $100 million Child Care Capital Construction Funding Program (4CFP). The program is designed to expand the availability of licensed, registered and permitted… more

Child Care, Colleges, Construction Project, Educational Institutions, Grants

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Navigating the Shift from FIRE to IRIS – IRS Changes for Forms 1098, 1099 and other Information Return Filers

If your business files Form 1098, 1099 or other information returns with the Internal Revenue Service (IRS), a major shift is on the horizon. The IRS has recently announced the launch of its new Information Return Intake System… more

Filing Requirements, IRS, New Regulations, Penalties, Regulatory Requirements

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Are You a Fiduciary? The New Definition of an Investment Advice Fiduciary

On April 25, 2024, the United States Department of Labor (USDOL) issued a final rule, the “Retirement Security Rule,” that significantly alters the definition of a “fiduciary” under the Employee Retirement Income Security Act of… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Investment Adviser, Popular

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Federal District Court Issues Partial Injunction of DEI Executive Orders

On Feb. 21, 2025, the federal district court for the District of Maryland issued a preliminary injunction partially enjoining two of President Trump’s executive orders: Ending Radical and Wasteful Government DEI Programs and… more

Anti-Discrimination Policies, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Equal Protection

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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

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TPS for Haiti Remains in Effect Following Federal Court Stay

Haiti’s Temporary Protected Status (TPS) designation and related benefits were scheduled to terminate on Feb. 3, 2026. On Feb. 2, 2026, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia issued an order… more

Department of Homeland Security (DHS), Employer Responsibilities, Employment Authorization Documents (EAD), Federal Court Litigation, Form I-9

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Two New Pieces of Legislation Will Require “Safe Staffing” Measures in New York Hospitals and Nursing Homes

The New York legislature has introduced two pieces of legislation that will greatly impact how healthcare facilities in the state are staffed. The first bill, A108/S1168, pertains to hospitals, and the second bill,… more

Health Care Providers, Hospitals, Nursing Homes, State Legislatures

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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, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

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A Ban No More: District Court Strikes Down FTC’s Noncompete Ban

The FTC’s noncompete ban (16 C.F.R. § 910-1.6) is no more, at least for the time being. On Aug. 20, 2024, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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General Municipal Law 103(16) and Cooperative Purchasing Agreements for “Public Work Projects”

This information memo is intended to provide an update on an area of law that affects many of our municipal and school district clients… more

Bid Protests, Competitive Bidding, Construction Contracts, Construction Industry, Construction Project

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FEMA’s Public Assistance Program for Entities Affected by COVID-19

Months after COVID-19 first spread to the U.S., employers remain concerned about how to take care of their employees and the communities they serve with declining or nonexistent revenue. As one can see from the staggering number… more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), FEMA, Personal Protective Equipment, Public Assistance

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The Constitutionality of New York’s Relief for Employers Unaware of Weekly Pay Provision in the New York Labor Law

Under New York Labor Law (NYLL) Section 191, employers are required to pay “manual workers” on a weekly basis. As we previously reported here, there is currently a split among courts as to whether manual workers have a private… more

Constitutional Challenges, Due Process, Employee Rights, Employer Responsibilities, Employment Litigation

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New York City Earned Safe and Sick Time Act: New Paid Prenatal Leave Requirements for Employers

The New York City Department of Consumer and Worker Protection (“DCWP”) has recently amended the Earned Safe and Sick Time Act (“ESSTA”) to incorporate New York state’s paid prenatal leave, while including its own requirements… more

Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies, New Legislation

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Appellate Division Confirms State Law Mandating Landlord Participation in Section 8 is Unconstitutional

On March 5, 2026, Bond, Schoeneck & King secured a unanimous decision from the Appellate Division holding that the New York State Human Rights Law violates the Fourth Amendment to the extent it mandates landlord participation in… more

Appeals, Appellate Courts, Constitutional Challenges, Fourth Amendment, Housing Choice Vouchers

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OCR Issues Dear Colleague Letter Addressing DEI Programs Under Title VI

On Jan. 21, 2025, President Trump signed an Executive Order (EO), “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Broadly speaking, the EO purported to prohibit what it characterized as unlawful… more

Affirmative Action, Civil Rights Act, Department of Education, Educational Institutions, Equal Protection

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Micron to Receive $6.1 Billion in CHIPS Act Funding

The Biden administration and Senator Charles Schumer have announced that the federal government and Micron Technology, Inc. ("Micron") have come to terms on a $6.1 billion grant to support the construction of the first two fabs… more

Biden Administration, Manufacturers, Semiconductors, Supply Chain

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 Deadline for 457(b) Non-Governmental Plan Amendments Fast Approaching

No later than December 31, 2025, non-governmental 457(b) deferred compensation plans must be amended for certain changes under the SECURE Act of 2019 and the SECURE 2.0 Act of 2022. More specifically, non-governmental 457(b)… more

457(b) Plans, Benefit Plan Sponsors, Deadlines, Employee Benefits, New Legislation

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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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The Trump Private Equity Order: What Plan Fiduciaries Need to Know Now

Background - On Aug. 7, 2025, the president issued an executive order that may result in an expansion in the types of holdings common in 401(k), 403(b) and other defined contribution plans… more

401k, Defined Contribution Plans, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Executive Orders

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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), Nonprofits

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New York State Human Rights Law Amended to Include Disparate Impact in Employment Discrimination Claims

On Dec. 19, 2025, Governor Kathy Hochul signed Senate Bill S8338 into law amending the New York State Human Rights Law (NYSHRL) to expressly recognize “disparate impact” claims in employment discrimination claims… more

Amended Legislation, Disparate Impact, Employer Liability Issues, Employer Responsibilities, Employment Discrimination

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Legislation Allows Municipalities to Install Cameras on School Buses and to Fine Drivers

On August 6, 2019, Governor Cuomo signed into law a bill (Assembly 4950B, Senate 4524) that authorizes counties, cities, towns and villages which are located within a school district to adopt or amend a local law or ordinance… more

Cameras, Governor Cuomo, School Districts, State and Local Government

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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

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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

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New York Enacts Statewide “Freelance Isn’t Free” Legislation

On Nov. 22, 2023, Gov. Kathy Hochul signed into law the “Freelance Isn’t Free Act” (the Act or FIFA), which was amended on March 1, 2024. The Act is codified in Article 44-A of the New York General Business Law. Article 44-A of… more

Employer Liability Issues, Freelance Isn't Free Act (FIFA), Freelance Workers, New York, State Labor Laws

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NCAA Division I Modifies Name, Image and Likeness (NIL) Rules and Penalties Effective Immediately

The NCAA Division I Board of Directors made significant modifications to the rules pertaining to the reporting of NIL deals to the designated clearinghouse, NIL Go… more

Enforcement Actions, Name and Likeness, NCAA, New Legislation, Penalties

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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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Artificial Intelligence in the Boardroom: Key Legal, Governance & Risk Considerations

As the business world accelerates its adoption of artificial intelligence (AI), many organizations are exploring AI-enabled tools to assist with meeting support functions such as recording, transcription and summarization. While… more

Artificial Intelligence, Board of Directors, Corporate Governance, Cybersecurity, Data Privacy

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Run it Like a Rockstar: Board Novice to Pro in 10 Moves

Every person joining a nonprofit board will want to walk into their first meeting knowing exactly what needs to happen for the meeting to be properly run and successful. While comprehensive expertise can take years to achieve,… more

Best Practices, Board Meetings, Board of Directors, Bylaws, Corporate Governance

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Artificial Intelligence in the Boardroom: Key Legal, Governance & Risk Considerations

As the business world accelerates its adoption of artificial intelligence (AI), many organizations are exploring AI-enabled tools to assist with meeting support functions such as recording, transcription and summarization. While… more

Artificial Intelligence, Board of Directors, Corporate Governance, Cybersecurity, Data Privacy

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New York Department of Financial Services Issues Proposed Circular Letter on Use of AI in Insurance Industry

On Jan, 17, 2024 the New York State Department of Financial Services (NYDFS) issued a proposed circular letter addressing the use of artificial intelligence systems (AIS) and external consumer data and information sources… more

Artificial Intelligence, Cybersecurity, Insurance Industry, NAIC, NYDFS

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Major Updates to the New York City Earned Safe and Sick Time Act (ESSTA) for 2026

On September 25, 2025, the New York City Council passed significant amendments to the New York City Earned Safe and Sick Time Act (ESSTA or the Act) and delivered the bill to New York City Mayor Eric Adams on that same date… more

Earned Sick Time, Employer Responsibilities, Employment Policies, Local Ordinance, New Regulations

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Calling All Public Employers: Time to Develop a Pandemic Operations Plan

This past Labor Day, Governor Cuomo signed legislation which requires all New York State public employers to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease. The… more

Employer Liability Issues, Employer Responsibilities, Governor Cuomo, New Legislation, Public Employers

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Returning to Work After the Pause: Reopening Considerations for New York Employers

Bond has put together a comprehensive, detailed 16-page guide to help employers reopen their business. Featured topics include: • Preliminary Risk Assessment • Workplace Safety Plans • Proactive Infection Plans • Plan to… more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Risk Assessment, Screening Procedures

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Changes to New York Paid Family Leave

PFL Expanded to Include Siblings On Nov. 1, 2021, Governor Kathy Hochul signed a bill into law amending the definition of family member for purposes of the New York Paid Family Leave Benefits Law (PFL) to include biological or… more

Corporate Counsel, Employer Liability Issues, Paid Family Leave Law, Paid Leave, Paid Time Off (PTO)

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New York Amends the Trapped at Work Act

On Feb. 13, 2026, Governor Kathy Hochul signed an amended version of the Trapped at Work Act (the Act) into law. When signing the Act in December 2025, Governor Hochul flagged ambiguities in the original bill and conditioned her… more

Employer Liability Issues, Employer Responsibilities, Employment Contract, Employment Policies, New Legislation

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Fiduciaries Facing Downturn in the Market Should Take Steps to Ensure Compliance with the Prudent Investor Act

Trustees face added risk of litigation during times of economic trouble. After the dot-com bubble burst in 2001, and mortgage defaults led to crisis in 2008, trust beneficiaries and others pointed their fingers at individual… more

Business Closures, Coronavirus/COVID-19, Default, Documentation, Investment Funds

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Countdown to Data Privacy Day 2026 - Protect Your Business – Cybersecurity Provisions in Contracts

Cybersecurity and data privacy provisions should be a central consideration whenever parties negotiate contracts involving third‑party service providers who will access or process business data. This applies across a broad… more

Contract Terms, Cybersecurity, Data Breach, Data Privacy, Data Security

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New Department of Education Communication Requires Institutions to Contact Students About Loan Debt

On May 5, 2025, the Department of Education (ED) released a “Request for Institutions to Provide Repayment Information to Former Students to Prevent Defaults” (GEN-25-19). Noting that “only 38% of Direct Loan and Department-held… more

Borrowers, Colleges, Debt Collection, Department of Education, Filing Requirements

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SEC Announces New Disclosure Requirements: Pay versus Performance

The Securities and Exchange Commission (SEC) has adopted final rules that will require new disclosures in proxy and information statements regarding the relationship between executive compensation paid by a company and the… more

Disclosure Requirements, Dodd-Frank, Final Rules, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Eyes on 2024: Will the SEC Continue Its Aggressive Enforcement of Whistleblower Laws in 2024?

The Securities and Exchange Commission (the SEC or Commission) made clear in 2023 that it intends to aggressively enforce its whistleblower protection laws, namely Rule 21F-17, which prohibits employers from taking any action… more

Confidentiality Agreements, Enforcement Actions, Rule 21F-17, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

The Constitutionality of New York’s Relief for Employers Unaware of Weekly Pay Provision in the New York Labor Law

Under New York Labor Law (NYLL) Section 191, employers are required to pay “manual workers” on a weekly basis. As we previously reported here, there is currently a split among courts as to whether manual workers have a private… more

Constitutional Challenges, Due Process, Employee Rights, Employer Responsibilities, Employment Litigation

See all updates »

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

Department of Labor (DOL), Disability Benefits, Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Fee Changes for Patent Matters

The United States Patent and Trademark Office (USPTO) has announced changes to patent fees, which will take effect on Jan 19, 2025. Most current fees are subject to a 7.5% across-the-board increase while other fees are subject… more

America Invents Act, Fees, Intellectual Property Protection, Patent Applications, Patent Fees

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The Corporate Transparency Act

Dear Clients and Friends, In January 2024, I alerted you to the new federal legislation, the Corporate Transparency Act (CTA), which became effective as of Jan. 1, 2024. This new federal legislation might not affect you at all… more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, Preliminary Injunctions

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November 3, 2023 Deadline for NCAA Division I DEI Self-Assessment and Attestation

As part of the NCAA’s efforts to promote diversity and gender equity in intercollegiate athletics, NCAA Bylaw 20.2.4.3 requires that all Division I athletic departments perform a diversity, equity and inclusion (DEI) assessment… more

College Athletes, Diversity and Inclusion Standards (D&I), NCAA, Student Athletes

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The Dominoes Begin to Fall – New York State Pulls Back on Key Line of Health Insurance Following Passage of the Federal Reconciliation Bill

Bond closely has been tracking the effects of the One Big Beautiful Bill Act (“OBBBA, or “H.R. 1”), which President Trump signed into law in Washington, D.C., on July 4. Ripples are beginning to be felt closer to home – among… more

1332 Waiver, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Federal Funding, Health Insurance

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Rules Amended to Respond to Continued Proliferation of Electronic Discovery

In 1995, then-Chief Judge Judith Kaye established the Commercial Division of the New York Supreme Court, reinforcing New York State as the center not only of finance and commerce for the country, but also for litigating… more

Commercial Litigation, Discovery, Electronically Stored Information, Proposed Amendments

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Understanding the Jack Reid Law: How DASA-like Protections Now Apply to Private Schools in New York

In 2022, Jack Reid, a 17-year-old student at a private New Jersey boarding school, died by suicide after experiencing severe on-campus and online bullying. Jack’s death underscored the gap in protection for private school… more

Bullying, Harassment, New Legislation, New York, Private Schools

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NYS Department of Health Opens Application Process for Financially Distressed Nursing Homes

The New York State Department of Health (DOH) has announced an application process for the Nursing Home Vital Access Provider Assurance Program (VAPAP). This program grows from a $100 million pool in the FY 2023 budget dedicated… more

Health Care Providers, Long Term Care Facilities, Long-Term Care, Nursing Homes

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Deadline on HIPAA Policy Changes - Providers Subject to Part 2 Substance Use Disorder (SUD) Standards: Notice of Privacy Practices Changes went into effect Monday - February 16, 2026

Feb.16, 2026, was the regulatory deadline for compliance with Federal health care privacy law revisions (c.f. holiday extension due to President’s Day)[1]. Now is time for health care providers to act if you have not updated… more

Covered Entities, Disclosure Requirements, Final Rules, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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USDOL Announces Technical Updates to NLRA Poster Under Executive Order 13496

The U.S. Department of Labor ("USDOL") announced it has made technical changes to the National Labor Relations Act ("NLRA") rights poster that federal contractors and subcontractors are required to display under Executive Order… more

Department of Labor (DOL), Federal Contractors, NLRA, NLRB, Subcontractors

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ED Releases Additional Guidance for 2024 Title IX Regulations

On April 29, 2024, the United States Department of Education (ED) published its changes to the Title IX Regulations (the 2024 Regulations). All institutional policies must be in compliance with the 2024 Regulations by Aug. 1,… more

Colleges, Educational Institutions, Sexual Harassment, Students, Title IX

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New York Amends the Trapped at Work Act

On Feb. 13, 2026, Governor Kathy Hochul signed an amended version of the Trapped at Work Act (the Act) into law. When signing the Act in December 2025, Governor Hochul flagged ambiguities in the original bill and conditioned her… more

Employer Liability Issues, Employer Responsibilities, Employment Contract, Employment Policies, New Legislation

See all updates »

New York State Amends the New York State Fair Credit Reporting Act to Limit the Use of Credit Reports in Employment

On Dec. 19, 2025, Governor Kathy Hochul signed Senate Bill S03072 (the Amendment) into law, amending the New York State Fair Credit Reporting Act to restrict the use of consumer credit history for employment purposes. With this… more

Consumer Privacy Rights, Employee Privacy Rights, Employer Responsibilities, Employment Policies, Fair Credit Reporting Act (FCRA)

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New FOIL Notification Requirements for Public Employers

On Sept. 4, 2024, Gov. Kathy Hochul signed legislation requiring public employers to notify employees if their disciplinary records are requested as part of a Freedom of Information Law (FOIL) request. This legislation applies… more

Employer Liability Issues, Freedom of Information, Public Employees, Public Employers, State Labor Laws

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Navigating the Shift from FIRE to IRIS – IRS Changes for Forms 1098, 1099 and other Information Return Filers

If your business files Form 1098, 1099 or other information returns with the Internal Revenue Service (IRS), a major shift is on the horizon. The IRS has recently announced the launch of its new Information Return Intake System… more

Filing Requirements, IRS, New Regulations, Penalties, Regulatory Requirements

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Coronavirus in the Workplace - December 1, 2020

The COVID-19 crisis has changed the landscape of our workplaces, now and in the future. As we navigate these turbulent times, Bond will provide guidance during a 45-minute webinar each Tuesday. Business Recovery Issues In these… more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Hospitals, Infectious Diseases

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General Municipal Law 103(16) and Cooperative Purchasing Agreements for “Public Work Projects”

This information memo is intended to provide an update on an area of law that affects many of our municipal and school district clients… more

Bid Protests, Competitive Bidding, Construction Contracts, Construction Industry, Construction Project

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Supreme Court Issues Decision on Legal Standard for Students Claiming Disability Discrimination Under Section 504

The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination claims against schools under… more

Americans with Disabilities Act (ADA), Compensatory Damages, Disability Discrimination, Educational Institutions, Public Schools

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New York City Earned Safe and Sick Time Act: New Paid Prenatal Leave Requirements for Employers

The New York City Department of Consumer and Worker Protection (“DCWP”) has recently amended the Earned Safe and Sick Time Act (“ESSTA”) to incorporate New York state’s paid prenatal leave, while including its own requirements… more

Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies, New Legislation

See all updates »

Proposed Legislation Would Automatically Confer General Jurisdiction on all Foreign Corporations Registered to do Business in New York State

New York, like many other states, requires foreign (non-New York) corporations and other entities to register to do business in the state… more

Foreign Corporations, General Jurisdiction, New York, Proposed Legislation, Registration Requirement

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Book it as Protectable: the Supreme Court Holds Booking.com is a Protectable and Registerable Trademark

On June 30, 2020, in a nearly unanimous opinion, the Supreme Court held that Booking.com is not generic for online hotel reservation services and is protectable under the Lanham Act. The basic logic underlying the holding is… more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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Governor Cuomo Signs Law Enacting New Power of Attorney Form

Anyone who has signed a New York Power of Attorney (POA) form in the last 10 years knows it is a complicated form often requiring the advice of an attorney to ensure its proper execution. The current form is long and technical,… more

Governor Cuomo, Medical Directives, New York, Power of Attorney

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What Litigants Need to Know about Summary Judgment

As a bonus to Bond’s November 29 Back to Business webinar, Bond litigation attorney Timothy N. McMahon explained a recent development in the courts in which judges have relaxed the rules related to summary judgment (when the… more

New Rules, Summary Judgment, Trials

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You Must Make Haste! The Deadline to Implement the 2024 Title IX Regulations is Fast Approaching . . . For Most IHEs!

Dear Higher Education Readers … The spring of 2024 not only brought with it the release of Season 3 of the Netflix blockbuster Bridgerton, but also the release of revised Title IX regulations. On April 18, 2024, the U.S… more

Colleges, Department of Education, Educational Institutions, Sexual Assault, Sexual Harassment

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2024 Title IX Regulations Deemed “Unlawful”

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision… more

Constitutional Challenges, Department of Education, Educational Institutions, First Amendment, Gender Identity

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Governor Hochul Signs Warehouse Worker Protection Act Into Law

On Dec. 21, 2022, Gov. Kathy Hochul signed the Warehouse Worker Protection Act (WWPA), S.8922/A 10020, into law. This new legislation aims to protect warehouse distribution workers from undisclosed or unlawful work speed quotas… more

Employer Liability Issues, State Labor Laws, Warehouses, Workplace Safety

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Update and Discussion on Legal and Practical Issues

COVID Update, Employee Benefits Update, Pending Federal Law Restricting Mandatory Aribitration and NDAs, Update on NYS COVID Paid Leave… more

Arbitration Agreements, Benefit Plan Sponsors, Coronavirus/COVID-19, Employee Benefits, Federal Arbitration Act

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Cybersecurity Awareness Month – Understanding the Complexities of Cyber Insurance Coverage

Many traditional liability insurance policies have exclusions for cyber-related risks and stand-alone cyber insurance policies are the norm to cover cyber liabilities. Still, cyber insurance policies are not standardized to the… more

Cyber Attacks, Cyber Crimes, Cyber Insurance, Cybersecurity, Popular

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2024 Title IX Regulations Deemed “Unlawful”

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision… more

Constitutional Challenges, Department of Education, Educational Institutions, First Amendment, Gender Identity

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MIRS and SIRS and Condominium Document Review for Contracts

In the transactional world of resale of residential condominium units the statutory three business-day condominium-review period will be taking on new elements for consideration. These additional considerations will be very… more

Condominium Associations, Condominiums, Inspections, Maintenance

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Countdown to Data Privacy Day 2026 - Protect Your Business – Cybersecurity Provisions in Contracts

Cybersecurity and data privacy provisions should be a central consideration whenever parties negotiate contracts involving third‑party service providers who will access or process business data. This applies across a broad… more

Contract Terms, Cybersecurity, Data Breach, Data Privacy, Data Security

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You’ve Got Acceptance! First Department Holds That Email Containing Attorney’s Signature Block Constitutes a Signed Settlement 

Email communication between attorneys has been the norm for some time now, but courts are still grappling with circumstances when an email constitutes an offer or acceptance of a settlement agreement. A recent First Department… more

Arbitration, Arbitrators, Corporate Counsel, Electronic Communications, Email

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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

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Cybersecurity Awareness Month – Understanding the Complexities of Cyber Insurance Coverage

Many traditional liability insurance policies have exclusions for cyber-related risks and stand-alone cyber insurance policies are the norm to cover cyber liabilities. Still, cyber insurance policies are not standardized to the… more

Cyber Attacks, Cyber Crimes, Cyber Insurance, Cybersecurity, Popular

See all updates »

Recent Developments in the World of Sports Provide an Opportunity for a Refresher on Internal Revenue Code Sections 409A and 457(f)

While the news cycle in the world of sports is ever changing, a few occurrences in the past several years deserve further discussion in the executive compensation community – Shohei Ohtani’s deferral of $680 million in salary… more

Deferred Compensation, Internal Revenue Code (IRC), Section 409A, Section 457(f)

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A Legal Analysis of Tiger King, Episode 2: “Cult of Personality”

Chaos continues for Joe Exotic’s attorney. After explaining insurance coverage issues to Mr. Exotic, next I would discuss why he should consider having his guests sign a liability waiver and release… more

Contract Terms, Negligence, Waivers

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NYSDEC Seeks Feedback on the Part 664 Freshwater Wetland Regulations

In January 2024, New York State Department of Environmental Conservation (DEC) released an Advanced Notice of Proposed Rulemaking (ANPR), which sought written stakeholder input as DEC began to develop regulations to, at least in… more

Comment Period, Department of Environmental Conservation, Proposed Regulation, State and Local Government, Wetlands

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Deadline on HIPAA Policy Changes - Providers Subject to Part 2 Substance Use Disorder (SUD) Standards: Notice of Privacy Practices Changes went into effect Monday - February 16, 2026

Feb.16, 2026, was the regulatory deadline for compliance with Federal health care privacy law revisions (c.f. holiday extension due to President’s Day)[1]. Now is time for health care providers to act if you have not updated… more

Covered Entities, Disclosure Requirements, Final Rules, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Will EDTX Sanctions Decision Deter Improper Venue Allegations in Patent Lawsuits?

Following the Supreme Court’s TC Heartland decision in 2017, a patent owner may only sue an alleged infringer in either: (1) a judicial district of the state where the defendant is incorporated; or (2) a judicial district where… more

Federal Rules of Civil Procedure, Litigation Strategies, Motion to Dismiss, Patent Infringement, Patent Litigation

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Tackling Cyber Risks in the Manufacturing Industry

As the manufacturing industry increasingly relies on advanced technology such as the industrial internet of things, automation and big data, manufacturers are particularly susceptible to cyberattacks. Manufacturing operations of… more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Data Security

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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

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Expanded Federal Reporting Requirements: Residential Real Estate Transfers Effective March 1, 2026

Under the Anti-Money Laundering Regulations for Residential Real Estate Transfers (Residential Real Estate Rule), the federal government recently took a step toward combating money laundering and other financial crimes involving… more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Exemptions, Filing Requirements

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Emergency Requirements for Residential Mortgage Forbearance and Elimination of Fees

On March 24, 2020, the New York State Department of Financial Services issued an emergency regulation detailing the requirements applicable to New York State regulated institutions to provide certain financial relief during the… more

Coronavirus/COVID-19, Financial Services Industry, Forbearance Agreements, Mortgages, NYDFS

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New York State Human Rights Law Amended to Include Disparate Impact in Employment Discrimination Claims

On Dec. 19, 2025, Governor Kathy Hochul signed Senate Bill S8338 into law amending the New York State Human Rights Law (NYSHRL) to expressly recognize “disparate impact” claims in employment discrimination claims… more

Amended Legislation, Disparate Impact, Employer Liability Issues, Employer Responsibilities, Employment Discrimination

See all updates »

NLRB Further Erodes Employer Rights and Promotes Unionization

The National Labor Relations Board (NLRB) continues to drastically change the law and tilt the playing field against employers and in favor of labor unions. Last week, the Biden NLRB issued new rules governing the unionization… more

Employee Rights, Employer Liability Issues, NLRB, Unfair Labor Practices, Unions

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Sale of a Business to an ESOP – Key Tax Benefits

When the owners of an established private business wish to retire or begin to phase out of full-time responsibilities, they often consider selling the business to a family member, a member of the company’s current management or… more

Benefit Plan Sponsors, Capital Gains, Corporate Taxes, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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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, Nonprofits, Universities

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Beating the Wait: Practical Tips to Shorten Patent and Trademark Pendency

It is taking longer to get a patent. Since 2020, the average time from patent filing to receiving the first action from the U.S. Patent and Trademark Office (USPTO) has risen from 14 months to 21 months, a 50% increase in only… more

Executive Orders, Filing Deadlines, Patent Applications, Patents, Remote Working

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Returning to Work After the Pause: Reopening Considerations for New York Employers

Bond has put together a comprehensive, detailed 16-page guide to help employers reopen their business. Featured topics include: • Preliminary Risk Assessment • Workplace Safety Plans • Proactive Infection Plans • Plan to… more

Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Risk Assessment, Screening Procedures

See all updates »

Year-End Amendment Deadline for Code Section 457(b) Plans of Non-Governmental Tax-Exempt Employers

A tax-exempt employer that maintains a deferred compensation plan under Section 457(b) of the Internal Revenue Code may need to take immediate action to ensure that the plan is amended by Dec. 31, 2022 to incorporate certain… more

457(b) Plans, Employee Benefits, Retirement Plan, SECURE Act

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Onondaga County Announces $10 million Fund to Support Housing Development County-wide

On Feb. 2, 2023, Onondaga County Executive Ryan McMahon announced the creation of the Onondaga County Housing Initiative Program (O-CHIP), a $10 million housing fund that is available to private sector and nonprofit developers,… more

Housing Developers, Land Developers, Real Estate Development, Urban Planning & Development

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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

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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

Department of Labor (DOL), Employer Liability Issues, Health Care Providers, Home Health Agencies, Home Health Care

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Presidential Proclamation Imposes $100,000 Supplemental Fee on New H-1B Petitions

On Sept. 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” which imposes a new $100,000 supplemental payment requirement on H-1B nonimmigrant petitions… more

Business Immigration, Customs and Border Protection, Department of Homeland Security (DHS), H-1B, Immigration Procedures

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Trade Dress Registration – Practical Considerations for Product Manufacturers

Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional “look and feel" of a product’s design, shape and/or 3D configuration.[1] Product manufacturers and… more

Design Patent, Functionality, Intellectual Property Protection, Likelihood of Confusion, Prior Art

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Fiduciaries Facing Downturn in the Market Should Take Steps to Ensure Compliance with the Prudent Investor Act

Trustees face added risk of litigation during times of economic trouble. After the dot-com bubble burst in 2001, and mortgage defaults led to crisis in 2008, trust beneficiaries and others pointed their fingers at individual… more

Business Closures, Coronavirus/COVID-19, Default, Documentation, Investment Funds

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New York Enacts Statewide “Freelance Isn’t Free” Legislation

On Nov. 22, 2023, Gov. Kathy Hochul signed into law the “Freelance Isn’t Free Act” (the Act or FIFA), which was amended on March 1, 2024. The Act is codified in Article 44-A of the New York General Business Law. Article 44-A of… more

Employer Liability Issues, Freelance Isn't Free Act (FIFA), Freelance Workers, New York, State Labor Laws

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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

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Employee Retention Credit Expanded

The Employee Retention Credit (ERC) is a refundable payroll tax credit that was established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act for the purpose of retaining employees and continuing to pay employee… more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention, Paycheck Protection Program (PPP)

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Supreme Court Lifts Stay and Signals Likely Constitutional Violation in School Gender-Disclosure Policy

On March 2, 2026, the United States Supreme Court issued a per curiam decision (an unsigned collective decision not attributed to a particular justice) in the Mirabelli v. Bonta case. In the case, which originated in the United… more

Due Process, First Amendment, Fourteenth Amendment, Free Exercise Clause, Gender Identity

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Employers Likely to Face a Wave of COVID-19 Class Action Litigation

As the ongoing COVID-19 pandemic continues to drastically impact the U.S., class action lawsuits have been on the rise. Despite court closures, class action filings have increased and are expected to continue… more

Class Action, Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Fair Labor Standards Act (FLSA)

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Executive Order 202.8 and 202.9: 90 Day Suspension of Mortgage Payments; Moratorium on Evictions and Foreclosures

On March 19, 2020, New York Governor Andrew Cuomo addressed the need to provide financial relief to New Yorkers suffering as a result of the COVID-19 pandemic. One issue was the plan to suspend mortgage payments for 90 days… more

Eviction, Executive Orders, Moratorium, Mortgages

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American Rescue Plan Act Earmarks $2.75 Billion for Private Schools

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (the ARP Act) – a $1.9 trillion economic relief package. The ARP Act includes $2.75 billion specifically earmarked for private schools. This… more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Private Schools

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House Settlement Implementation Services

The Collegiate Sports Practice Group at Bond, Schoeneck and King (Bond) offers unparalleled experience in NCAA related matters and remains at the forefront of the evolving collegiate sports landscape. Since the settlement of… more

Arbitration, Colleges, Contract Drafting, Endorsements, Name and Likeness

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Accommodations for Pregnant and Parenting Students: New Rules, New Challenges

New Title IX regulations became effective on August 1, 2024, and contain extensive requirements for colleges and universities that receive federal Title IV funds to provide accommodations for students who are pregnant or who… more

Colleges, Pregnancy, Reasonable Accommodation, Students, Title IX

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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

Environmental Protection Agency (EPA), Hazardous Waste, Proposed Amendments, Public Comment, Waste Management

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Governor Hochul Signs Warehouse Worker Protection Act Into Law

On Dec. 21, 2022, Gov. Kathy Hochul signed the Warehouse Worker Protection Act (WWPA), S.8922/A 10020, into law. This new legislation aims to protect warehouse distribution workers from undisclosed or unlawful work speed quotas… more

Employer Liability Issues, State Labor Laws, Warehouses, Workplace Safety

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New York State Human Rights Law Amended to Prohibit Retaliation for Reasonable Accommodation Requests

Effective Dec. 5, 2025, the New York State Human Rights Law (NYSHRL) was amended to expressly prohibit retaliation against employees who request a reasonable accommodation… more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Responsibilities, Employment Discrimination, New Legislation

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Life Insurance and Tax Implications

Amidst many recent sharply divided decisions, the United States Supreme Court (SCOTUS) on June 6, 2024 issued a rare unanimous ruling in Connelly v. United States, which addressed estate tax considerations relative to succession… more

Business Succession, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Planning

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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

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New York Releases Final Revised Sexual Harassment Prevention Model Policy & Training

On April 11, 2023, the New York State Department of Labor (DOL), in consultation with the New York State Division of Human Rights, released a revised sexual harassment prevention model policy. The policy is a final version of… more

Department of Labor (DOL), Employee Training, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Sexual Harassment

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Understanding New York’s New Price-Gouging Rules: Implications for Businesses and Compliance Requirements

On Jan. 28, 2026, the New York Attorney General finalized six rules and issued one new proposed rule to address excessive price increases during emergencies. New York’s price- gouging law, General Business Law § 396‑r, prohibits… more

Consumer Protection Laws, Final Rules, New York, Price Transparency, Proposed Rules

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The Practical Effect of the Uniform Partition of Heirs Property Act

Under New York law, when real property has multiple owners who hold the property as tenants in common, any one co-owner can try to force the sale of the property by filing a partition under Article 9 of the Real Property Actions… more

Appraisal, Fair Market Value, Property Owners, Real Estate Market

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Mandatory 100% Disabled Veterans Tax Exemption

New York has enacted an amendment, signed on Feb. 13, 2026 (Chapter 77 of the Laws of 2026), that makes the complete real property tax exemption for veterans with a 100% service‑connected disability mandatory for school… more

New York, Property Tax, School Districts, State and Local Government, State Taxes

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4-20 Bill Could Sour Relationships Between Cannabis Growers and Sellers

As we previously wrote, New York has seen several delays in its rollout of recreational cannabis licenses for the majority of the State's hopeful dispensary applicants. As a result of the delays, some adult-use conditional… more

Cannabis Products, Marijuana, Marijuana Cultivation, Recreational Use

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Navigating the Evolving BDTR Landscape: New Claims, Litigation Updates and Regulatory Shifts

Higher education institutions across the country are facing a new wave of borrower defense to repayment (BDTR) claims. This recent development comes just as the federal government is working to comply with the final terms of a… more

Administrative Backlogs, Borrower Defense Rule, Department of Education, Educational Institutions, New Legislation

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Reminder: Restrictions on Accessing Employee Personal Accounts Takes Effect March 12, 2024

As a reminder, beginning March 12, 2024, Labor Law 201-i prohibits employers from requesting, requiring or coercing an employee or job applicant to: (i) disclose a username and password or other login information in order to… more

Employer Liability Issues, Employment Policies, Passwords, State Labor Laws

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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

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Religious Charter Schools Continue to be Impermissible…for Now

The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state and… more

Appeals, Charter Schools, Establishment Clause, First Amendment, Free Exercise Clause

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The Intersection of Employer Counterclaims and Retaliation: An Analysis of the Second Circuit’s Recent Decision in Kim v. Lee

Employers are well aware of the risks a disgruntled employee may pose during their employment and even after their employment has ended. Sometimes, however, employers do not discover an employee’s unscrupulous behavior until… more

Counterclaims, Employment Litigation, Fair Labor Standards Act (FLSA), Retaliation, Wage and Hour

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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), Department of Homeland Security (DHS), Information Sharing, Pending Legislation

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NCAA Division I Modifies Name, Image and Likeness (NIL) Rules and Penalties Effective Immediately

The NCAA Division I Board of Directors made significant modifications to the rules pertaining to the reporting of NIL deals to the designated clearinghouse, NIL Go… more

Enforcement Actions, Name and Likeness, NCAA, New Legislation, Penalties

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New York State Funding Available for Higher Education and other Nonprofit Institutions for the Construction and Expansion of Licensed Child Care Programs

In December 2025, Governor Kathy Hochul announced the start of a new $100 million Child Care Capital Construction Funding Program (4CFP). The program is designed to expand the availability of licensed, registered and permitted… more

Child Care, Colleges, Construction Project, Educational Institutions, Grants

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NLRB Adopts New Legal Standard for Evaluating Employer Work Rules

On August 2, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in Stericycle, Inc., 372 NLRB No. 113 (2023), where it adopted a new legal standard to determine whether an employers’ work rules violate… more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Run it Like a Rockstar: Board Novice to Pro in 10 Moves

Every person joining a nonprofit board will want to walk into their first meeting knowing exactly what needs to happen for the meeting to be properly run and successful. While comprehensive expertise can take years to achieve,… more

Best Practices, Board Meetings, Board of Directors, Bylaws, Corporate Governance

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NCAA Division I Modifies Name, Image and Likeness (NIL) Rules and Penalties Effective Immediately

The NCAA Division I Board of Directors made significant modifications to the rules pertaining to the reporting of NIL deals to the designated clearinghouse, NIL Go… more

Enforcement Actions, Name and Likeness, NCAA, New Legislation, Penalties

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Real Property Tax Grievance Procedures Adjusted Due to COVID-19 Crisis

Assessors have now received the guidance they have been waiting for as to how the real property tax grievance procedures in New York State will change during the COVID-19 crisis. The deadlines for the publication of tentative… more

Coronavirus/COVID-19, Property Tax, State Taxes, Tax Assessment

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Gender-Based Violence and the Workplace Policy Requirement for Bidders on New York State Contracts Goes into Effect

As part of this year’s budget, New York State added Section 139-m to the State Finance Law, which requires bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and… more

Employee Training, Employer Responsibilities, Employment Policies, Gender-Based Violence, New Legislation

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Police Reform in New York State

Following nationwide protests, federal, state and local lawmakers across the country have considered adopting legislation aimed at addressing racial inequalities in policing and modernizing longstanding police strategies,… more

Criminal Justice Reform, Law Enforcement, Police, Police Misconduct, State and Local Government

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Manufacturing in the Upstate Tech Corridor Employment Laws that are Unique to New York Part 2

This is the second in a series of articles for manufacturers expanding operations into New York State for the first time, particularly those manufacturers and suppliers taking advantage of the tech boom across the Upstate… more

Employer Liability Issues, Employment Policies, Paid Leave, Paid Sick Leave, Sick Leave

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FTC Fines Hotel Company $52 Million for Delinquent Cybersecurity Practices

In a settlement with Marriott International and its subsidiary Starwood hotels and Resorts Worldwide, the FTC will require Marriott to implement a new comprehensive data security program. The settlement stems from a series of… more

Corporate Counsel, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Two Courts Found the Department of Education’s Anti-DEI DCL Unlawful: Where Are We Now?

On April 24, 2025, two U.S. District Courts issued Orders finding the U.S. Department of Education (DOE)’s Feb. 14, 2025 “Dear Colleague” Letter (DCL) to be unlawful and narrowly restricting the DOE’s enforcement of the DCL. The… more

Administrative Procedure Act, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions, Executive Orders

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U.S. Department of Labor Clarifies How to Track an Employee’s FMLA Leave Use During a School Closure of Less Than One Week

On Jan. 5, 2026, the U.S. Department of Labor issued an opinion letter clarifying how schools must track an employee’s Family and Medical Leave Act (FMLA) utilization during school closures of less than one week… more

Department of Labor (DOL), Educational Institutions, Employer Responsibilities, Family and Medical Leave Act (FMLA), New Guidance

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USCIS To Screen Social Media Activity for Evidence of Support for Antisemitic Terrorism, Terrorist Organizations and Antisemitic Activity

On April 9, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued guidance stating that it will begin considering individuals’ antisemitic activity on social media and the physical harassment of Jewish individuals… more

Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Immigration Procedures, Immigration Reform

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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

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NYS Department of Health Opens Application Process for Financially Distressed Nursing Homes

The New York State Department of Health (DOH) has announced an application process for the Nursing Home Vital Access Provider Assurance Program (VAPAP). This program grows from a $100 million pool in the FY 2023 budget dedicated… more

Health Care Providers, Long Term Care Facilities, Long-Term Care, Nursing Homes

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2023 EEO-1 Component 1 Data Collection Opening on April 30, 2024

Each year, the EEOC collects workforce data from private sector employers with more than 100 employees (lower thresholds apply to federal contractors). This workforce data is collected through the EEO-1 Component 1 report and… more

Data Collection, EEO-1, Pay Data, Reporting Requirements, Wage and Hour

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Opportunities in Estate Planning During the COVID-19 Crisis

In the last several weeks we have seen the drastic impact of the COVID-19 crisis on our health, way of living and the economy. While these times may feel uncertain, there are still many factors in your control and even… more

Coronavirus/COVID-19, Estate Planning, Estate Tax, Gift Tax

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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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Title IX’s Three-Part Test for Athletic Participation Remains Enforceable in the Courts (At Least For Now…)

The U.S. Department of Education, on Jan. 21, 2026, withdrew its appeal to the U.S. Court of Appeals for the Fourth Circuit aimed at defending its anti-DEI Dear Colleague Letter issued last year. The Trump Administration’s… more

Appeals, Appellate Courts, College Athletes, Department of Education, Gender Equity

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Is The End Near? COVID Paid Leave Developments

Since the announcement of the end of the federal Public Health Emergency, many clients have inquired as to the status of New York’s COVID-19 Paid Leave Law… more

Coronavirus/COVID-19, Employer Liability Issues, Paid Leave, Sick Leave, Wage and Hour

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Employee Benefits Update: Changes to HIPAA Notice of Privacy Practices Due By February 16, 2026

Note: This memorandum is focused on required changes to the HIPAA Notice of Privacy Practices that apply to group health plans, including employer-sponsored group health plans. Bond will be sending a forthcoming communication… more

Covered Entities, Department of Health and Human Services (HHS), Employee Benefits, Employer Group Health Plans, Health Insurance Portability and Accountability Act (HIPAA)

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Service of Donated Alcohol by Not-for-Profit Entities and Institutions of Higher Education

Not-for-profit entities and institutions of higher education may hold liquor licenses for their facilities. They may also be involved in catering events where alcohol is served on and off their premises. In connection with these… more

Alcohol Beverage Control, Charitable Organizations, Donations, Educational Institutions, Licensees

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DEC Issues Revised Brownfield Cleanup Program Application

On Oct. 15, 2025, the New York State Department of Environmental Conservation (NYSDEC) issued a revised Brownfield Cleanup Program (BCP) application. In sum, NYSDEC added additional requirements to Section II of the BCP… more

Brownfield Properties, Climate Change, Comment Period, Department of Environmental Conservation, Filing Requirements

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The U.S. Department of Labor’s Wage and Hour Division Proposes Rule to Phase Out Subminimum Wage Certificates Under the Fair Labor Standards Act

On Dec. 3, 2024, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Notice of Proposed Rulemaking to phase out the issuance of Fair Labor Standards Act (FLSA) Section 14(c) certificates that allow employers… more

Department of Labor (DOL), Disability, Employer Liability Issues, Fair Labor Standards Act (FLSA), Minimum Wage

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Finally, New York Provides Relief for Employers Unaware of Weekly Pay Provision in the New York Labor Law

It is common practice across the country for employees to be paid every other week or twice per month, because that imposes much less time and manpower on an employer than running payroll weekly. But such a practice can subject… more

Amended Legislation, Corporate Counsel, Employees, Employer Liability Issues, Liquidated Damages

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New York Amends the Trapped at Work Act

On Feb. 13, 2026, Governor Kathy Hochul signed an amended version of the Trapped at Work Act (the Act) into law. When signing the Act in December 2025, Governor Hochul flagged ambiguities in the original bill and conditioned her… more

Employer Liability Issues, Employer Responsibilities, Employment Contract, Employment Policies, New Legislation

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New York’s New AI Guardrails on AI Generated Performers and Postmortem Digital Replicas: What Institutions of Higher Education Need to Know

New York has enacted two significant AI-related laws aimed at “protecting consumers and boosting AI transparency” as part of the state’s AI regulatory agenda at the very moment the federal government is asserting a contrary,… more

Advertising, Artificial Intelligence, Consent, Disclosure Requirements, Educational Institutions

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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

Chief Information Security Officer (CISO), Cyber Attacks, Cybersecurity, Data Security, Financial Institutions

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New York State Legislature Amends Statutes Governing Property Tax Exemptions for Seniors and Persons with Disabilities and Limited Incomes

In Chapter 59 of the Laws of 2023, the New York State Legislature amended three aspects of the senior citizens exemption (Real Property Tax Law §467) and the exemption for persons with disabilities and limited incomes (RPTL… more

Income Taxes, Property Tax, State Taxes

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New York’s Highest Court Grapples with Video Evidence in the Age of “Deepfakes”

As every trial attorney knows, litigation hinges on evidence. Not just any evidence, but evidence that is relevant and authentic and which meets the standards for admission “into evidence” in the case at hand. But with advances… more

Admissible Evidence, Appellate Courts, Chain of Custody, Deep Fake, Evidence

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California Adopts Climate Disclosure Laws that Could Affect Businesses Nationwide

In early September 2023, the California Legislature passed two climate disclosure bills as part of the California Climate Accountability Package: S.B. 253 The Climate Corporate Data Accountability Act (CCDAA) and S.B. 261… more

California, Climate Change, Disclosure Requirements, Governor Newsom, Greenhouse Gas Emissions

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Supreme Court Issues Decision on Legal Standard for Students Claiming Disability Discrimination Under Section 504

The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination claims against schools under… more

Americans with Disabilities Act (ADA), Compensatory Damages, Disability Discrimination, Educational Institutions, Public Schools

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An Overview for Securing Financial Assistance from Industrial Development Agencies

For businesses that are considering a construction, renovation, expansion project and/or expanding operations into New York State, it is worth considering whether the economic development incentives that can be provided by an… more

Environmental Review, Financial Assistance Policies, Industrial Sector, Manufacturers

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Immigration Issues for Higher Education: Preparing For Whatever Comes Next

Immigration is a hot topic that was frequently referenced throughout the 2024 election cycle in the United States. While the recent election cycle has now ended, the focus on our immigration system continues. With a new federal… more

Colleges, Educational Institutions, Foreign Nationals, Immigrants, Immigration Procedures

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Expanded Federal Reporting Requirements: Residential Real Estate Transfers Effective March 1, 2026

Under the Anti-Money Laundering Regulations for Residential Real Estate Transfers (Residential Real Estate Rule), the federal government recently took a step toward combating money laundering and other financial crimes involving… more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Exemptions, Filing Requirements

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New York Amends and Strengthens Its Health Care “Shield” Law

During a flurry of end-of-year 2025 bill signings, Governor Kathy Hochul approved A5480C/S4914B, amending New York’s Shield Law (Shield Law) – a 2023 law intended to protect patients who receive and health care professionals who… more

Enforcement, Health Care Providers, Jurisdiction, New Legislation, Reporting Requirements

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New York State Requires Paid Lactation Breaks

Effective June 19, 2024, New York State Labor Law Section 206-c requires all private and public employers to provide 30 minutes of paid break time for employees to express breast milk when the employee has a reasonable need to… more

Breastfeeding, Employee Rights, Employer Liability Issues, Lactation Accommodation, Rest and Meal Break

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NLRB Restores Obama-Era Bargaining Unit Test

On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision that (again) modifies its standard for bargaining-unit determination cases where a labor union seeks to represent a unit that contains some,… more

Bargaining Units, Collective Bargaining, NLRB, Unions

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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

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Federal Anti-Hazing Legislation to Impose New Reporting Obligations on Colleges and Universities

Earlier this month, Congress passed the federal Stop Campus Hazing Act. President Biden is expected to sign the new legislation before leaving office in January 2025. If enacted, the Act will create new obligations for colleges… more

Colleges, Educational Institutions, Hazing, Reporting Requirements, Students

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Major Changes to Third-Party Practice: An Overview of New York’s AVOID Act

Overview - On Dec. 19, 2025, New York Governor Kathy Hochul signed into law a major amendment to New York’s Civil Practice Law and Rules (CPLR) § 1007, marking a major shift in third‑party practice in New York State courts… more

Contribution Claims, Dismissals, Duty to Indemnify, Filing Deadlines, New Legislation

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