Refine your interests »
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
See all updates »
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)
The Supreme Court of the United States has denied both the NCAA’s and plaintiffs’ petitions for certiorari in the O’Bannon case. The parties had petitioned for review of the United States Court of Appeals for the Ninth…more
Certiorari, College Athletes, Deferred Compensation, Name and Likeness, NCAA
On Nov. 27, 2023, Nashville-based healthcare corporation Ardent Health Services (Ardent) announced that a ransomware attack impacted 30 of its hospitals and forced the shutdown of several emergency rooms in at least three…more
Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Protection, Data Security
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
On Oct. 13, 2023 the U.S. Supreme Court granted certiorari in Cantero v. Bank of America, 49 F.4d 121 (2d Cir. 2022), allowing the Court to confront an unsettled issue of national concern: whether laws governing mortgage escrow…more
Banking Sector, Banks, Consumer Financial Products, Mortgages
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
On Nov. 16, 2023, New York State Gov. Kathy Hochul signed legislation, also known as the Clean Slate Act, to automatically seal from public access criminal records for most individuals convicted of a crime…more
Background Checks, Criminal Background Checks, Criminal Records, Employer Liability Issues, Employment Discrimination
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
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, EPA, FERC
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
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
It seems that new details about the status of OSHA’s Vax or Test Emergency Temporary Standard (ETS) are emerging daily! On Dec. 22, 2021, the United States Supreme Court announced that it will expedite hearing arguments…more
Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases
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, SEC
This March 8 presentation covers COVID Update, Post-Pandemic Telehealth & Data Privacy Guidance, Potential New Laws from Albany for NY Employers and Higher Education Update…more
Colleges, Coronavirus/COVID-19, Data Privacy, Educational Institutions, Proposed Legislation
In an effort to protect health care facilities and professionals providing care and treatment to New Yorkers during the COVID-19 crisis from potential future liability, the New York State Legislature and Gov. Cuomo have included…more
Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Infectious Diseases
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
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
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
As reported in our previous blog post, on May 26, 2023, New York City Mayor Adams signed a bill into law prohibiting height and weight discrimination within employment, housing and public accommodations under the New York City…more
Employer Liability Issues, Employment Discrimination, Hiring & Firing, NYCHRL, Weight Discrimination
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
On May 25, 2023, the United States Department of Education’s Office for Civil Rights (OCR) released a Dear Colleague Letter (DCL) “as part of the Department’s launch of an Antisemitism Awareness Campaign” described in the…more
Dear Colleague Letter, Department of Education, Educational Institutions, OCR, Students
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
New York State officially passed and signed into law a bill that legalizes the production, distribution, and adult-use of cannabis in the state (S.854A/A.1248A). The new legislation, known as the Marijuana Regulation and…more
Marijuana, Marijuana Regulation & Taxation Act (MRTA), Medical Marijuana, Recreational Use, State and Local Government
The Cybersecurity Division of the New York State Department of Financial Services (DFS) continues to ramp up enforcement of the Cybersecurity Regulation. In two recent settlements, DFS has begun to offer insight into how it…more
Corporate Counsel, Cybersecurity, Data Breach, Financial Services Industry, NYDFS
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
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
The U.S. Equal Employment Opportunity Commission (EEOC) announced on Sept. 1, 2023, that its EEO-1 filing platform will open on Oct. 31, 2023. The deadline for employers to file their EEO-1 reports will be Tuesday, Dec. 5, 2023…more
EEO-1, EEOC, Federal Contractors, OFCCP, Reporting Requirements
As a bonus to Bond’s May 30 Business in 2023 webinar, Bond litigation attorney Kevin Cope talked about proposed legislation that would ban non-compete agreements across New York State. Listen to see how this, as well as other…more
FTC, New York, Non-Compete Agreements, State Bans
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
Effective Dec. 28, 2022, the Office of the Medicaid Inspector General’s (OMIG) revised Part 521 compliance regulations became effective. First proposed in July 2022 for review and comment, only minor, technical changes to the…more
Fraud Abuse and Waste, Health Care Providers, Medicaid, OMIG
On Dec. 30, 2022, Gov. Hochul signed a bill (A.286/S.1997) that amends New York Labor Law § 167. Originally enacted in 2009, Section 167 restricts “healthcare employers” from requiring nurses to work beyond their regularly…more
Employer Liability Issues, Nurses, Over-Time, State Labor Laws, Wage and Hour
We have reached the end of the COVID tolling window for personal injury cases. Any personal injury complaints that accrued during the 228-day tolling period from March 20, 2020, through Nov. 3, 2020, that have not yet been filed…more
Coronavirus/COVID-19, Governor Cuomo, Negligence, Statute of Limitations, Tolling
The Western New York hospitality and travel industry has been hit particularly hard during the COVID-19 pandemic, and we highlight particular concerns and paths forward below…more
Hospitality Industry, Hotels, International Travel, Interstate Travel Restrictions, Travel Restrictions
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
On Sept. 15, 2023, the New York City Department of Consumer and Worker Protection adopted several amendments to the City’s Earned Safe and Sick Time Act (ESSTA). Notably, some of the key amendments include changes to 1) what…more
Earned Sick Time, Employer Liability Issues, Paid Leave, Safe Leave, Sick Leave
Enacted Jan. 1, 2021, the Corporate Transparency Act (CTA), part of the Anti-Money Laundering Act of 2020, adds a new set of disclosures that business entities will be required to file with the federal government. Starting Jan…more
Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN
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
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
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
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
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
The National Labor Relations Board (NLRB) General Counsel has issued a complaint against the University of Southern California (USC), the Pac-12 Conference and the NCAA claiming that certain USC student-athletes are employees…more
NCAA, NLRA, NLRB, Student Athletes, Universities
On Dec. 22, 2020, New York State Technology Law Section 106-b took effect, which prohibited all school districts, including public, private and charter schools, from using any biometric technology (including but not limited to…more
Biometric Information, Private Schools, Public Schools, School Districts, Students
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
On June 29, 2023, the U.S. Supreme Court issued its long-awaited decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.[1] The Court considered the admissions practices of Harvard College and…more
Affirmative Action, College Admissions, Colleges, Diversity, Educational Institutions
On Tuesday, August 10, Gov. Andrew Cuomo notified the people of New York that he would be resigning as governor, effective August 24, 2021. This resignation follows the publication last week of the report by the Attorney General…more
Governor Cuomo, New York, Resignation, Sexual Harassment
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
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
ADA, Corporate Counsel, OSHA, Reasonable Accommodation, Title VII
On March 10, 2022, the United States Department of Labor (DOL) published Compliance Assistance Release No. 2022-01 (Release) addressing “cryptocurrency” investment in 401(k) retirement plans. In its Release, the DOL expressed…more
401k, Cryptocurrency, Department of Labor (DOL), Employee Benefits, ERISA
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
I am finally catching up from being out at #ILTACON2022 in DC. It has been interesting to hear and read about different perceptions on the content from people like PinHawk.com editor @jeffrey_brandt and some of the other law…more
Change Management, Firm Leadership, Information Governance, Information Management, Legal Technology
On March 1, 2022, the EEOC updated its guidance on religious accommodations to COVID-19 vaccine mandates. While the guidance states that job applicants and employees have a right to request a religious accommodation from an…more
Coronavirus/COVID-19, EEOC, Employer Liability Issues, Infectious Diseases, Reasonable Accommodation
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
Earlier this month, Apple, Inc. implemented its long-anticipated privacy practice guidelines for application (app) developers featured on its App Store platform. These new guidelines demonstrate Apple’s continuing efforts to…more
App Developers, App Store, Apple, Privacy Policy
The U.S. Department of Education (ED) released a statement on Nov. 8, 2023, saying that the scores of borrower defense to repayment (BDR) application notifications that institutions of higher education (IHE) have received in…more
Borrower Defense Rule, Borrowers, Department of Education, Educational Institutions
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
The Internal Revenue Service recently issued its List of Required Modifications (LRMs) for pre-approved plan documents that are commonly used by employers that offer and/or contribute to Internal Revenue Code section 403(b)…more
403(b) Plans, Employee Benefits, Internal Revenue Code (IRC), IRS, Retirement Plan
On Oct. 25, 2023, Gov. Kathy Hochul signed into law Senate Bill S05261/Assembly Bill A05010, amending the definition of child abuse under Article 23-B, § 1125(1). The definition of child abuse now includes corporal punishment as…more
Child Abuse, Corporal Punishment, Discipline, Private Schools, Public Schools
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
As we previously wrote, on June 8, 2022, the New York Office of Cannabis Management (OCM) proposed regulations governing the personal cultivation of medical cannabis (the Regulations) by certified medical cannabis patients or…more
Marijuana, Marijuana Cultivation, Medical Marijuana, State and Local Government
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
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
On or before Dec. 31, 2023, certain group health plans and health insurance issuers must submit an attestation to the U.S. Department of Health and Human Services (HHS) certifying their compliance with the “gag clause…more
Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Employer Group Health Plans, ERISA, Health Insurance
HSR - The FTC recently announced annual updates to certain thresholds for reporting transactions pursuant to the Hart-Scott-Rodino Antitrust Improvements Act (HSR). The announcement of these adjustments was delayed due to the…more
Antitrust Provisions, Filing Fees, FTC, Hart-Scott-Rodino Act, Interlocking Directorate
On the heels of the Federal Trade Commission’s (FTC) proposed nationwide ban on the use of non-competition agreements with employees and other “workers,” the New York State Senate and Assembly are poised to consider a ban on the…more
Corporate Counsel, Employer Liability Issues, Employment Contract, FTC, Non-Compete Agreements
In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their…more
Energy Sector, Environmental Policies, Fracking, Fracking Bans, Oil & Gas
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
On Aug. 25, 2023, the National Labor Relations Board (NLRB) published a final rule regarding election proceedings. In issuing the rule, the NLRB reinstated election procedures it issued in 2014. These procedures shorten the…more
Employer Liability Issues, Labor Relations, NLRB, Union Elections, Unions
On Feb. 21, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in McClaren Macomb, 372 NLRB No. 58 (2023), where it held that severance agreements with broad confidentiality and/or nondisparagement…more
Confidentiality Agreements, Employee Rights, Employer Liability Issues, NLRA, NLRB
On Sept. 29, 2023, the U.S. Department of Commerce announced a second Notice of Funding Opportunity (NOFO) under its CHIPS and Science Act. This opportunity builds upon the previous announcement made in June of 2023 and…more
Manufacturers, Semiconductors, Supply Chain, U.S. Commerce Department
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
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
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
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
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
June 4, 2021 By: Rebecca K. Kimura and Theresa E. Rusnak On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued revised guidance regarding COVID-19. The updated guidance, consisting of 21 FAQs, includes…more
ADA, Coronavirus/COVID-19, EEOC, Emergency Use Authorization (EUA), FDA
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
On Oct. 25, 2023, Governor Hochul signed legislation which updates the Not-for-Profit Corporation Law (NPCL) and authorizes non-membership not-for-profit corporations to classify their boards through their Bylaws (i.e., create…more
Board of Directors, Bylaws, Classification, New Legislation
Expect another year of regulatory ambiguity for international data privacy laws in 2023, as the European Commission reviews the EU-US Data Privacy Framework. European Union courts indicate increased scrutiny for behavioral…more
CJEU, Corporate Counsel, Cybersecurity, Data Collection, Data Privacy
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
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
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)
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
On Sept. 11, 2023, Delaware became the next state to enact a comprehensive consumer data privacy law as Gov. John Carney signed the Delaware Personal Data Privacy Act (DPDPA) which will go into effect on Jan. 1, 2025. The DPDPA…more
California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection
Although there is clarity under federal law that colleges and universities may not permit marijuana (also known as cannabis) to be used or possessed on campus by either students or employees, there is less clarity about whether…more
ADA, Cannabidiol (CBD) oil, College Athletes, Colleges, Educational Institutions
The New York State Department of Labor issued final regulations making certain changes and additions to long-existing regulations regarding the New York WARN Act. As we reported previously, the revisions update the regulations…more
Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs, Notice Requirements
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, ERISA
The utility of AI’s role in the legal industry has yet to be determined. Recently, two New York attorneys were sanctioned after using and relying on ChatGPT for legal research (Mata v Avianca, Inc., No. 22-cv-1461-PKC, ---…more
Algorithms, Artificial Intelligence, Legal Research, Legal Technology, Machine Learning
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
On Oct. 19, 2021, Gov. Kathy Hochul signed legislation (S.1150-A/A.1228-A), amending the Open Meetings Law to require public agencies to post on their websites and make available any agency records scheduled to be discussed at…more
Freedom of Information, New York, Public Meetings, State and Local Government
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
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
In 2019, former Gov. Andrew Cuomo signed the New York Child Victims Act (CVA) into law. In part, the CVA created a one-year lookback window that allowed individuals who were victims of a sexual offense or act of incest prior to…more
Child Abuse, Crime Victims, Sexual Abuse, Sexual Assault, Vulnerable Victims
With college student mental health issues on the rise nationwide, college administrators are likewise seeing an increase in requests for emotional support animals to be present on campus. In considering these requests,…more
ADA, Colleges, Educational Institutions, Emotional Support Animals, Mental Health
On October 4, 2023, the COVID-19 vaccine mandate for health care workers in New York will officially be repealed. On September 18, 2023, the New York State Department of Health (NYSDOH) submitted a Notice of Adoption to repeal…more
Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Healthcare Workers, Infectious Diseases
The Public Employer Workplace Violence Prevention Act (the Act) requires public employers to have and implement workplace violence prevention policies. School districts and BOCES were previously exempt from this requirement…more
Employer Liability Issues, Employment Policies, Public Employers, Workplace Violence
Update: Late on September 14, the Internal Revenue Service (IRS) announced an immediate moratorium on the processing of new Employee Retention Tax Credit (ERTC) claims amid a surge of questionable claims. The moratorium will run…more
Employee Retention, Employer Liability Issues, IRS, Tax Credits
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
Two cases were decided at the end of November 2022 concerning institutions of higher education disciplining students for alleged misconduct…more
Colleges, Educational Institutions, Students, Title IX, Universities
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
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
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
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
On Feb. 21, 2023, the National Labor Relations Board (the Board) ruled in McLaren Macomb, 372 NLRB No. 58, that the mere proffer of a draft severance agreement containing broad confidentiality and non-disparagement provisions…more
Employee Rights, Employer Liability Issues, NLRA, NLRB, NLRB General Counsel
In the midst of the COVID-19 pandemic, higher education institutions were faced with myriad challenges - remote instruction, dedensification of campuses, cleaning and sanitizing and COVID testing, to name a few. On top of all of…more
Colleges, Educational Institutions, Students, Universities
Freedom of speech in the public employment arena presents a double-edged sword; on the one hand, freedom of speech is one of the most cherished values that undergirds the proverbial marketplace of ideas in a university setting…more
Colleges, Educational Institutions, Universities
The cannabis industry is booming and as it continues to grow, new cannabis-related businesses are forming in various sectors of industry and new plant varieties, products and techniques are developed daily. Protecting…more
Cannabis Products, Copyright, Design Patent, Intellectual Property Protection, Marijuana
Several deadlines related to employer-sponsored health plans were extended during the COVID-19 outbreak. The outbreak began on March 1, 2020, when former President Trump declared a national emergency due to the COVID-19…more
COBRA, Coronavirus/COVID-19, Employee Benefits, Employer Group Health Plans, Health Insurance
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
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
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
Non-competition agreements are ubiquitous across the United States in most industries and at all levels of those industries. These agreements have come under increasing scrutiny, including by the Federal Trade Commission and the…more
Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants
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
As we have discussed in prior client alerts (U.S. Department of Labor Issues Guidance on Employee Benefits and COVID-19 Outbreak and How the Anticipated End of the COVID-19 National Emergency Impacts Employer-Sponsored Health…more
COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits, HIPAA
One of the questions often asked when a client is either considering bringing a lawsuit or when they are on the receiving end of a lawsuit is whether they can recover their attorney’s fees and costs if they win. While attorney’s…more
Attorney's Fees, FLSA, Minimum Wage, Over-Time, Prevailing Party
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
It has been a long journey analyzing Mr. Exotic’s legal woes. Who would have imagined that one person could face so many issues? In the series finale, Joe finds himself, like his tigers, locked in a cage after being found guilty…more
Fraudulent Transfers, Judgment Debtors, Real Estate Transfers
On Sept. 30, 2022, the Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) finalized its Environmental Justice (EJ) Action Plan (EJAP). The EJAP directs federal agencies to promote and work…more
Environmental Justice, Environmental Policies, EPA, RCRA
The third vesting period for the Healthcare Worker Bonus (HWB) Program closed on March 31, 2023. Employers of eligible workers should now submit claims for the third vesting period through the HWB portal by May 1, 2023. This…more
Bonuses, Healthcare Workers, Vesting
When I began my legal career in 2000, we were in the 6 million range for issued patents. Now, nearly 15 years later (with 3 million patents being issued during that time!), we are in 9 million range for issued patents…more
USPTO
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
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
This morning, Treasury Secretary Steven Mnuchin announced via Twitter that the federal government will be “moving Tax Day from April 15 to July 15.” This announcement follows and likely modifies a notice from the IRS issued on…more
Coronavirus/COVID-19, Filing Deadlines, Income Taxes, IRS, Relief Measures
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
There were several significant legal developments relating to employee stock ownership plans (ESOPs) last year. This information memo will summarize a few of the most important developments…more
Breach of Duty, Employee Benefits, ERISA, ESOP, Fiduciary Duty
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
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
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
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
On September 5, 2017, Attorney General Jeff Sessions announced the Trump administration’s formal plan to end the Deferred Action for Childhood Arrivals (“DACA”) program. DACA was implemented in 2012, through an executive…more
DACA, Department of Homeland Security (DHS), Deportation, Employment Authorization Documents (EAD), Form I-9
Once a technology reserved for science fiction and fantasy, artificial intelligence (AI) now permeates almost every industry. In its most basic form, AI harnesses computer processing power, proprietary algorithms and large…more
Algorithms, Artificial Intelligence, Cybersecurity, Data Collection, Data Security
In connection with Mental Health Awareness Month, the United States Department of Labor (USDOL) has sought to assist employers in better understanding how to comply with the Family Medical Leave Act (FMLA) as it relates to…more
Department of Labor (DOL), FMLA, Mental Health, Wage and Hour
On June 21, 2021, in an opinion providing a very interesting historical overview of collegiate athletics going back to the 19th century and the founding of what is now the National Collegiate Athletic Association (NCAA), the…more
Alston v NCAA, Antitrust Violations, College Athletes, NCAA, Restraint of Trade
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
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, FLSA
On September 10, 2019, the National Labor Relations Board issued a favorable decision that makes it easier for employers to demonstrate that a unilateral change in terms and conditions of employment was permitted by the…more
Collective Bargaining, Collective Bargaining Agreements (CBA), Employer Liability Issues, NLRA, NLRB
What student health information may be shared with whom in the event a student tests positive for the virus is one of the many interconnected issues for colleges and universities related to the COVID-19 pandemic…more
Coronavirus/COVID-19, Department of Health and Human Services (HHS), FERPA, Student Privacy, Student Records
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
The Federal Reserve announced on October 30, 2020 that the minimum loan size for three Main Street Lending Program facilities available to for-profit and nonprofit borrowers, (1) the Main Street New Loan Facility (MSNLF), (2)…more
Borrowers, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility
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
Bond collegiate sports attorney Kyle Ritchie provides some updates on the name, image and likeness (NIL) rules for student-athletes from the National Collegiate Athletic Association (NCAA) and their possible impacts on…more
Name and Likeness, NCAA, New Guidance, School Sports, Student Athletes
On February 4, 2015, the New York State Department of Environmental Conservation (NYSDEC) made available for comment a Preliminary Draft for Public Consideration of Revised Hazardous Waste Management Regulations (Preliminary…more
EPA, Hazardous Waste, Proposed Amendments, Public Comment, Waste Management
The New York Child Victims Act (“the CVA”) established a one-time, one-year window in which previously time-barred claims of child sexual abuse could be “revived” and sued in New York State courts. The one-year window opened at…more
Child Abuse, Child Protection Laws, Sexual Abuse, Sexual Assault, State and Local Government
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
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), EEOC, Employee Training, Employer Liability Issues, Sexual Harassment
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
ADA, Business Operations, Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues
On October 27, 2023, the National Labor Relations Board (NLRB) issued a final rule that vastly expands the definition of joint employment under the National Labor Relations Act (NLRA). As we reported previously, this new rule…more
Employer Liability Issues, Final Rules, Joint Employers, NLRA, NLRB
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
In these sessions, we not only summarize the week’s latest federal and state guidance, we will also offer insights on: - All aspects of employment law compliance - Paycheck Protection Program, tax credits and other economic…more
Biden Administration, Business Interruption, Colleges, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19
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, FLSA, Retaliation, Wage and Hour
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
The NCAA recently issued additional guidance to all member institutions concerning name, image and likeness (NIL) activity through separate communications from the NCAA Division I Council Working Group on NIL and the Vice…more
College Athletes, Educational Institutions, Name and Likeness, NCAA, Student Athletes
Today, an employee shares joyous news and says, “I’m expecting and due in 20 weeks!” You respond with congratulations, but then start thinking about all the new pregnancy-related legal protections you must comply with. Look no…more
ADA, FMLA, Pregnancy, Pregnancy Discrimination Act (PDA), Pregnant Workers Fairness Act
Colleges in New York have explored the possibility of becoming a university and often found it difficult to do so given the state’s definition of university set forth in section 50.1(l) of the Commissioner’s Regulations. Since…more
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
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
In June 2020, the New York Legislature enacted Article 5, Section 75 of the New York Executive Laws, which established the Law Enforcement Misconduct Investigative Office (LEMIO). In response to the nationwide protests following…more
Employer Liability Issues, Investigations, Law Enforcement, Police Misconduct
Preventing ADA Website Accessibility Lawsuits - An increasing number of businesses are facing lawsuits alleging that their websites violate the Americans with Disabilities Act (ADA). New York, in particular, has become a…more
ADA, Department of Justice (DOJ), Disability Discrimination, Public Accommodation, Title III
New York City’s Earned Safe and Sick Time Act (ESSTA or Act) provides covered employees with the right to use safe and sick leave as it accrues for a delineated list of circumstances. On Aug. 11, 2022, the New York City Council…more
Employer Liability Issues, Local Ordinance, Safe Leave, Sick Leave, Wage and Hour
Two new rules related to I-9 compliance -- just announced last week -- go into effect on Aug. 1, 2023. First, on July 24, 2023, the Department of Homeland Security (DHS) issued a new rule allowing an alternative procedure to…more
Department of Homeland Security (DHS), Employment Eligibility Verification, Form I-9, ICE, Immigration Procedures
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
On Feb. 22, 2023, the Supreme Court of the United States (SCOTUS) decided Hewitt v. Helix Energy Sols. Grp., Inc. In granting certiorari, the Court addressed the following question: Is a supervisor, who makes over $200,000…more
Employer Liability Issues, Exempt-Employees, FLSA, Highly Compensated Employees, Over-Time
On May 2, 2023, a revised version of the Grieving Families Act (the Act) was introduced to the New York State legislature. The original version of the Act was passed by both the New York State Senate and Assembly in 2022 but was…more
Damages, New York, Statute of Limitations, Wrongful Death
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
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
Due to the COVID-19 pandemic and its impact on K-12 schools, the Board of Regents issued its third series of emergency regulations that went into effect on June 9, 2020. Below is a summary of the significant changes that will…