Hodgson Russ LLP

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The Guaranty Building
140 Pearl Street, Suite 100
Buffalo, NY 14202, United States
Phone: 716.856.4000
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • New Jersey
  • New York
  • North Carolina
Other Countries
  • Canada
Number of Attorneys
200+ Attorneys

Second Circuit Modifies Injunction and Opens the Door for Dispensaries in WNY

Last November, the District Court for the Northern District of New York issued an injunction amid a lawsuit by Variscite NY One (“Variscite”), a Michigan entity, which had been denied approval to operate a recreational cannabis…more

Agribusiness, Alternative Medicine, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

See all updates »

Alternative Instruction for Suspended Students

On October 10, 2023, the New York State Education Department (“NYSED”) Office of Counsel released a formal opinion (“Formal Opinion No. 243”) on the number of instructional hours owed to students serving out-of-school…more

Disciplinary Proceedings, Education Reform, Educational Institutions, New York, Regulatory Requirements

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

COVID-19 Vaccine Requirements for Travelers to the United States

On October 25, 2021, President Biden issued Presidential Proclamation 10294 rescinding the geographic COVID-19 travel bans and implementing COVID-19 vaccination requirements for international air travelers to the United States,…more

Biden Administration, Coronavirus/COVID-19, Foreign Nationals, Health and Safety, Immigration Procedures

See all updates »

New York State Budget Notes – May 2023

With all the noise from the pro hockey and basketball playoffs and the start of the baseball season, you may have missed the dust-up in Albany that delayed the State’s budget by almost a month.  Some of the issues being debated…more

Business Taxes, False Claims Act (FCA), Income Taxes, Natural Disasters, New York

See all updates »

IRS Extends 2020 Individual Income Tax Return Filing and Tax Payment Deadline from April 15 to May 17, 2021

On March 17, 2021, the IRS announced that it was extending, from April 15, 2021 to May 17, 2021, the deadline for filing a 2020 federal individual income tax return and the deadline for paying 2020 federal individual income tax…more

Coronavirus/COVID-19, Federal Taxes, Filing Deadlines, Income Taxes, Infectious Diseases

See all updates »

New York State Increases Minimum Wage and Modifies Other Salary Requirements

Each year, from 2024 through 2026, the minimum hourly wage rate in New York State will increase as follows: For New York City and Nassau, Suffolk, and Westchester Counties: January 1, 2024 - $16.00 January 1, 2025 - $16.50…more

Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Labor Reform, Minimum Salary

See all updates »

U.S. Election Update: Are Changes to the Estate and Gift Tax Coming?

With the apparent election of Joseph R. Biden, Jr. as the 46th President, changes to the federal estate and gift tax regime could be brewing.  As a result, some of our clients are asking if they should be planning for these…more

Biden Administration, Estate Planning, Estate Tax, Gift Tax, Tax Planning

See all updates »

New York State Legislative Developments For Tax-Exempt Organizations/Nonprofits

NY Executive Law 172-b Amendment:  Repeal of NYS DOS Filing Requirements - Governor Hochul signed S4817a/A1141a into law on November 12, 2021.  S4817a amended New York's Executive Law 172-b, repealing in part the…more

Charitable Organizations, Confidential Information, Coronavirus/COVID-19, Emergency Management Plans, Filing Requirements

See all updates »

SBA Issues Interim Final Rule to Implement the American Rescue Plan Act’s Modifications to the Paycheck Protection Program

On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021 (“ARPA”) into law.  Among other things, the legislation infused another $7.25 billion into the Paycheck Protection Program (“PPP”) and…more

American Rescue Plan Act of 2021, Biden Administration, CARES Act, COBRA, Coronavirus/COVID-19

See all updates »

Congress and the President Approve $284 Billion Second Round of Paycheck Protection Program Loans In Support of Struggling Small Businesses

In the waning evening hours of December 21, 2020, Congress passed the “Consolidated Appropriations Act, 2021,” a new, comprehensive COVID-19 relief bill. The bill passed by a wide margin with bi-partisan support, with votes of…more

Business Expenses, Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

COVID and New York’s Convenience Rule: Litigation Update

As our regular readers know (all 7 of them), one of the bigger SALT issues to come out of COVID, especially in New York, relates to New York’s “Convenience of the Employer” rule. Under that rule, wages that a nonresident…more

Administrative Law Judge (ALJ), Coronavirus/COVID-19, Income Taxes, New York, Non-Resident Income Taxes

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

New York State Department of Health Adopts Health Equity Impact Assessment Regulation Applicable To Facilities Including Clinics, Hospitals, and Skilled Nursing Facilities Submitting Applications through the State’s Certificate of Need (CON) Process

The New York State Department of Health (DOH) published a proposed regulation in April 2023 to require the inclusion of a Health Equity Impact Assessment (HEIA) as part of the CON process which became effective on June 22, 2023…more

Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities, New York

See all updates »

Alternative Instruction for Suspended Students

On October 10, 2023, the New York State Education Department (“NYSED”) Office of Counsel released a formal opinion (“Formal Opinion No. 243”) on the number of instructional hours owed to students serving out-of-school…more

Disciplinary Proceedings, Education Reform, Educational Institutions, New York, Regulatory Requirements

See all updates »

Chick-fil-A Confirms Data Breach

Chick-fil-A is warning its customers about a data breach that may have put their personal information at risk. The fast food giant says it received information that hackers launched an attack on its website and mobile app…more

Chick-Fil-A, Cyber Attacks, Cyber Crimes, Data Breach, Data Protection

See all updates »

Possible Changes to Food Labeling Under the Biden Administration

Under the Trump administration, substantial funds were diverted away from the U.S. Food & Drug Administration (FDA) and other federal agencies with oversight responsibilities for the nation’s food and beverage industries. This…more

Advertising, Beverage Manufacturers, Biden Administration, Dietary Supplements, Food & Drug Regulations

See all updates »

COVID-19 Vaccine Requirements for Travelers to the United States

On October 25, 2021, President Biden issued Presidential Proclamation 10294 rescinding the geographic COVID-19 travel bans and implementing COVID-19 vaccination requirements for international air travelers to the United States,…more

Biden Administration, Coronavirus/COVID-19, Foreign Nationals, Health and Safety, Immigration Procedures

See all updates »

Massachusetts v. Welch: Taxing a Nonresident on Intangible Stock Sales

As states continue to seek increased revenues, especially those high-tax states dealing with a dwindling tax base, we’re starting to see some states take unusual and fairly aggressive positions in tax cases. One recent example…more

Capital Gains, Compensation & Benefits, Non-Resident Income Taxes, State Taxes, Stock Sale Agreements

See all updates »

TiNY Report for May 31, 2024

Your TiNY editor-in-chief took some time away over the long weekend and that led to the late posting of this week’s TiNY Report. The delay gave us some time to reflect on Hodgson Russ’s slick replacement website. When we…more

Administrative Law Judge (ALJ), New York, State Taxes, Tax Appeals, Tax Court

See all updates »

Hemp Processors Beware: DEA Interim Final Rule Has Criminal Liability Implications

The 2018 Farm Bill legalized hemp, as well as its derivatives, extracts, and cannabinoids, by removing it from the definition of “marihuana” under the Controlled Substances Act…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Dietary Supplements

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

Updates to State Building Codes will Require Local Revisions: Given the Added Workload on Code Enforcement, Municipalities May Wish to Evaluate the Sufficiency of Local Permit Fees

Periodically the New York State Department of State (“DOS”) updates the New York State Uniform Fire Prevention and Building Code (“Uniform Code”) and New York State Energy Conservation Construction Code (“Energy Code”).  Recent…more

Building Codes, Construction Project, Energy Policy, Infrastructure, Municipalities

See all updates »

Taco Bell Throws Its Hat in the Ring to Free “Taco Tuesday” from Trademark Protection

It’s 9 a.m. on a Tuesday and you think to yourself . . . what are we having for dinner tonight? And then it hits you – it’s Tuesday . . . Taco Tuesday! Think twice before you snap a picture of your Tuesday taco treat and…more

Brand, Fast-Food Industry, Intellectual Property Protection, Restaurant Industry, Taco Bell

See all updates »

Changes to the Cap H-1B Registration Process

The U.S. Citizenship and Immigration Services finalized changes to the Cap H-1B lottery process to take effect before the FY 2025 H-1B cap season. These changes come as an effort to ensure fairness in the selection process by…more

H-1B, Immigration Procedures, Lottery, USCIS

See all updates »

Federal Court Invalidates NYC’s COVID-Era Guaranty Law, Opens Door For Commercial Landlords To Recoup Unpaid Rent From Personal Guarantors

On March 31, 2023, New York City commercial landlords were dealt a huge win by the United States District Court for the Southern District of New York, as Judge Ronnie Abrams granted summary judgment in favor of a commercial…more

City of New York, Commercial Leases, Constitutional Challenges, Coronavirus/COVID-19, Guaranty Claims

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

The Collapse of Silicon Valley Bank and Signature Bank and FDIC Receiverships Generally

On Friday, March 10, 2023, the California Department of Financial Protection and Innovation closed Silicon Valley Bank (“SVB”) and appointed the Federal Deposit Insurance Corporation (“FDIC”) as receiver.  To protect depositors,…more

Banks, Deposit Accounts, Deposit Insurance, Depository Institutions, FDIC

See all updates »

The Final New York State Budget is Approved: Here are the Major Impacts for Hospitals, Nursing Facilities, and other Health Care Providers

On April 20, 2024, Governor Kathy Hochul approved the $237 billion New York State Budget for fiscal year 2025 (“Budget”). The Budget includes new legislation to increase Medicaid payments for certain facilities, creates a new…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Facilities, Healthcare Reform

See all updates »

NYC Local Law 1932-A May Allow Individual Guarantors of Certain Commercial Leases or Rental Agreements To Limit Personal Liability

NYC Local Law 1932-A, signed by Mayor de Blasio on May 26, 2020, temporarily prohibits the enforcement of personal liability provisions of lease or rental agreements for certain commercial tenants in NYC impacted by COVID-19…more

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

See all updates »

Changes to the Cap H-1B Registration Process

The U.S. Citizenship and Immigration Services finalized changes to the Cap H-1B lottery process to take effect before the FY 2025 H-1B cap season. These changes come as an effort to ensure fairness in the selection process by…more

H-1B, Immigration Procedures, Lottery, USCIS

See all updates »

Warning: Don’t Ignore Your Customers’ Secured Lenders, You Could be Required to Pay Twice!

New York State’s highest court recently dealt a big win for secured lenders holding accounts receivable as collateral. In Worthy Lending LLC v. New Style Contractors, Inc., the Court of Appeals of New York held that, pursuant to…more

Accounts Receivable, Creditors, Debtors, Lenders, NY Supreme Court

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Does Your Website Comply With U.S. Law and The Implications if it Does Not

It is no surprise that many Canadian companies sell into the United States by way of the Internet.  But what may be surprising is that many of those companies don’t bother to revise their website for compliance with U.S. laws,…more

Americans with Disabilities Act (ADA), Canada, Cybersecurity, Data Privacy, Data Protection

See all updates »

Robinhood Trading App in SEC and State Regulator Crosshairs

Robinhood is an app-based stock trading platform marketed to younger investors, with approximately 13 million customer accounts. Robinhood’s stated mission is to “democratize finance for all” and its website touts “investing for…more

Enforcement Actions, Failure To Disclose, Financial Markets, Investment, Material Misstatements

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

2nd Circuit Court of Appeals Rules that Title VII of the Civil Right Act of 1964 Protects Against Discrimination on the Basis of Sexual Orientation

On Monday, the U.S. Court of Appeals for the 2nd Circuit issued a decision that discrimination on the basis of sexual orientation is a violation of Title VII of the Civil Rights Act of 1964, Zanda v. Altitude Express, Inc.,…more

Civil Rights Act, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Gender Discrimination

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

SEC Adopts Final Pay Versus Performance Rules

The SEC recently adopted final pay versus performance disclosure rules, implementing Section 14(i) of the Securities Exchange Act of 1934. As added by Section 953(a) of the Dodd-Frank Act, Section 14(i) mandated that the SEC…more

Compensation & Benefits, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay-for-Performance

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

Updates to State Building Codes will Require Local Revisions: Given the Added Workload on Code Enforcement, Municipalities May Wish to Evaluate the Sufficiency of Local Permit Fees

Periodically the New York State Department of State (“DOS”) updates the New York State Uniform Fire Prevention and Building Code (“Uniform Code”) and New York State Energy Conservation Construction Code (“Energy Code”).  Recent…more

Building Codes, Construction Project, Energy Policy, Infrastructure, Municipalities

See all updates »

Supreme Court Provides Further Guidance on Public Officials First Amendment Rights on Social Media

A pair of new Supreme Court decisions provides further guidance about when a public official can be held liable under the First Amendment for blocking constituents on social media. …more

Facebook, First Amendment, Free Speech, Government Officials, Lindke v Freed

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

Temporary Restraining Order Rejected in the Latest Attack on RPTL § 575-b Assessment Model

A New York State Supreme Court justice has rejected a request for temporary restraining order (“TRO”) sought by municipal officials attempting to once again prevent use of the state-mandated assessment model for solar and wind…more

Appraisal, Constitutional Challenges, Energy Projects, Municipalities, NY Supreme Court

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

New York’s New Approach to Travel Restrictions – What Employers Need to Know Now

As we previously reported here, New York State has, for the last several months, imposed a quarantine requirement on individuals entering New York State after travel to certain designated “high risk” states. On Saturday, October…more

Coronavirus/COVID-19, Emergency Management Plans, Essential Workers, Executive Orders, Health and Safety

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

New York State Legislature Amends Open Meetings Law to Allow for Videoconferencing

In a last minute addition to the Budget Legislation, the New York State Legislature authorized local public bodies to conduct meetings via videoconferencing through June 30, 2024. The legislation, which amends the Open Meetings…more

Open Meetings Act, Public Entities, Public Meetings, State and Local Government, Teleconferences

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New York State’s “Freelance Isn’t Free” Act – What Employers Need to Know

On November 22, 2023, New York Governor Kathy Hochul signed into law the “Freelance Isn’t Free” Act (the “Act”), a statute which provides new protections and recourses for “freelance workers” (i.e., “independent contractors” or…more

Employee Definition, Employer Liability Issues, Freelance Isn't Free Act (FIFA), Freelance Workers, Gig Economy

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

OSHA Alters the Balance on Employee Representation During Walkaround Inspections- Opening the Door to Union Organizing and Leaving Many Practical Questions Unanswered

The U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) regulations have long recognized the rights of both employer and employee representatives to participate in OSHA inspections. In relevant…more

Employee Representatives, Final Rules, OSHA, Safety Inspections, Union Representatives

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

TiNY Report for May 31, 2024

Your TiNY editor-in-chief took some time away over the long weekend and that led to the late posting of this week’s TiNY Report. The delay gave us some time to reflect on Hodgson Russ’s slick replacement website. When we…more

Administrative Law Judge (ALJ), New York, State Taxes, Tax Appeals, Tax Court

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

When Evaluating a Release of FCA Claims, Sequence Can Make All the Difference

Meet Peter Fabien.  Until recently, Peter worked as an engineer at a company that makes tank parts for the United States military.  Last June, he discovered that his employer was knowingly delivering substandard parts and hiding…more

Adverse Employment Action, Defense Sector, Employer Liability Issues, Employment Litigation, False Claims Act (FCA)

See all updates »

New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

Sales Tax Cases from the TiNY Blog for May 23, 2024

Here are the sales tax cases from the TiNY Blog for the week of May 23, 2024. Determinations: Faciltysource, LLC, et ux. (ALJ Maloney, May 9, 2024); Div’s Rep. Eric Gee, Esq.; Pet’s Rep. Michael Marino, Esq.; Articles…more

Administrative Law Judge (ALJ), New York, Sales Tax, State Taxes, Tax Appeals

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

See all updates »

OSHA Targets Healthcare Industry and Reopens Comment Period for COVID-19 Regulatory Standard

On March 23, 2022, the U.S. Occupational Safety and Health Administration (“OSHA”) announced the reopening of a limited public comment period in preparation for promulgating a final COVID-19 regulatory standard for healthcare…more

Comment Period, Coronavirus/COVID-19, Employer Liability Issues, Healthcare, Healthcare Facilities

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

Relief from Some PPP Restrictions

As small businesses received Paycheck Protection Program ("PPP") loans and began to consider the best way to maximize loan forgiveness, many argued the initial scope of forgiveness was too narrow to address the challenges they…more

CARES Act, Loan Forgiveness, Loans, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

See all updates »

SEC Adopts Final Climate Change Disclosure Rules

On March 6, 2024, nearly two years after proposed rules were released, the Securities and Exchange Commission (“SEC”) adopted final rules to require public companies to disclose climate-related information in annual reports and…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Statements

See all updates »

New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

See all updates »

NYS Facing First Lawsuit Over Retail Cannabis Dispensary Licensing Process

Less than a month after New York’s Conditional Adult Use Retail Dispensary (“CAURD”) license application window closed, the State has already been named in a lawsuit related to its licensing process.  Variscite NY One…more

Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Injunctive Relief, Licensing Rules

See all updates »

NYS Facing First Lawsuit Over Retail Cannabis Dispensary Licensing Process

Less than a month after New York’s Conditional Adult Use Retail Dispensary (“CAURD”) license application window closed, the State has already been named in a lawsuit related to its licensing process.  Variscite NY One…more

Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Injunctive Relief, Licensing Rules

See all updates »

Alternative Instruction for Suspended Students

On October 10, 2023, the New York State Education Department (“NYSED”) Office of Counsel released a formal opinion (“Formal Opinion No. 243”) on the number of instructional hours owed to students serving out-of-school…more

Disciplinary Proceedings, Education Reform, Educational Institutions, New York, Regulatory Requirements

See all updates »

DOJ and FTC Propose Vertical Merger Guidelines

On January 10, 2020, the Federal Trade Commission and the United States Department of Justice Antitrust Division (the Agencies) proposed draft vertical merger guidelines (Vertical Guidelines). The Vertical Guidelines will be…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Merger Controls

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

Taco Bell Throws Its Hat in the Ring to Free “Taco Tuesday” from Trademark Protection

It’s 9 a.m. on a Tuesday and you think to yourself . . . what are we having for dinner tonight? And then it hits you – it’s Tuesday . . . Taco Tuesday! Think twice before you snap a picture of your Tuesday taco treat and…more

Brand, Fast-Food Industry, Intellectual Property Protection, Restaurant Industry, Taco Bell

See all updates »

Early COVID-19 Court Decisions Supporting Executive Orders Suggest How the Courts May View Their Impact On Business Relationships

In response to the COVID-19 public health crisis, the New York legislature expanded the emergency powers of the Governor, and the Governor has issued a steady stream of executive orders suspending state and local laws and…more

Business Litigation, Coronavirus/COVID-19, Criminal Prosecution, Enforcement Authority, Executive Orders

See all updates »

New Year - New Statute of Limitations for Complaints filed with the New York State Division of Human Rights

New York has extended the statute of limitations for administrative complaints under the New York State Human Rights Law. On November 17, 2023, Governor Kathy Hochul signed into law Senate Bill S.3255, which amended Section…more

Employer Liability Issues, Employment Discrimination, Human Rights, Labor Reform, New Amendments

See all updates »

New York State Legislative Developments For Tax-Exempt Organizations/Nonprofits

NY Executive Law 172-b Amendment:  Repeal of NYS DOS Filing Requirements - Governor Hochul signed S4817a/A1141a into law on November 12, 2021.  S4817a amended New York's Executive Law 172-b, repealing in part the…more

Charitable Organizations, Confidential Information, Coronavirus/COVID-19, Emergency Management Plans, Filing Requirements

See all updates »

New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

Tax Updates from New Jersey - March 2022

In this installment of the TriState Tax Alert, the focus is recent developments in New Jersey.  Both developments involve refund claims, so this is a friendly reminder that New Jersey’s extended refund deadline due to COVID-19…more

Income Taxes, New Jersey, Sales Tax, State Taxes, Tax Planning

See all updates »

U.S. Election Update: Are Changes to the Estate and Gift Tax Coming?

With the apparent election of Joseph R. Biden, Jr. as the 46th President, changes to the federal estate and gift tax regime could be brewing.  As a result, some of our clients are asking if they should be planning for these…more

Biden Administration, Estate Planning, Estate Tax, Gift Tax, Tax Planning

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

See all updates »

Taxes are Going Up: Highlights from the NYS 2021-2022 Budget

On April 7, 2021, the Legislature passed and sent to the Governor the bills constituting the 2021-22 budget legislation (the "Budget"). New York’s lawmakers had exhibited considerable restraint in the recent past, generally…more

Corporate Taxes, High Net-Worth, Income Taxes, Pass-Through Entities, SALT

See all updates »

U.S. Election Update: Are Changes to the Estate and Gift Tax Coming?

With the apparent election of Joseph R. Biden, Jr. as the 46th President, changes to the federal estate and gift tax regime could be brewing.  As a result, some of our clients are asking if they should be planning for these…more

Biden Administration, Estate Planning, Estate Tax, Gift Tax, Tax Planning

See all updates »

Employee Benefit Plans Face Administrative Transition at the End of the COVID-19 National/Public Health Emergencies

With President Biden’s announcement that the COVID-19 National Emergency and the Public Health Emergency periods will expire on May 11, 2023, comes a period of transition to “normal” for benefit plan administrative deadlines and…more

COBRA, Compensation & Benefits, Coronavirus/COVID-19, Employee Benefits, Health Insurance

See all updates »

The Final New York State Budget is Approved and Imposes Significant Disruptions for New York Home Care Providers

On April 20, 2024, Governor Kathy Hochul approved the $237 billion New York State Budget. The Fiscal Year 2025 New York State Budget’s (“Budget”) major provisions regarding home care..…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Reform, Home Health Care

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

NYS Facing First Lawsuit Over Retail Cannabis Dispensary Licensing Process

Less than a month after New York’s Conditional Adult Use Retail Dispensary (“CAURD”) license application window closed, the State has already been named in a lawsuit related to its licensing process.  Variscite NY One…more

Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Injunctive Relief, Licensing Rules

See all updates »

SBA Issues Interim Final Rule to Implement the American Rescue Plan Act’s Modifications to the Paycheck Protection Program

On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021 (“ARPA”) into law.  Among other things, the legislation infused another $7.25 billion into the Paycheck Protection Program (“PPP”) and…more

American Rescue Plan Act of 2021, Biden Administration, CARES Act, COBRA, Coronavirus/COVID-19

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

McDonald’s Faces Class Action Lawsuit Over Sexual Harassment, Hostile Work Environment Accusations

Fast food giant McDonald’s is facing a class action lawsuit in the United States District Court for the Northern District of Illinois over alleged sexual harassment, hostile work environment, and retaliation.  McDonald’s moved…more

#MeToo, Adverse Employment Action, Class Action, Employer Liability Issues, Employment Litigation

See all updates »

SBA Issues Interim Final Rule to Implement the American Rescue Plan Act’s Modifications to the Paycheck Protection Program

On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021 (“ARPA”) into law.  Among other things, the legislation infused another $7.25 billion into the Paycheck Protection Program (“PPP”) and…more

American Rescue Plan Act of 2021, Biden Administration, CARES Act, COBRA, Coronavirus/COVID-19

See all updates »

EPA Finalizes Standards Impacting Hazardous Air Pollution Emissions at Gasoline Distribution Facilities

Earlier this month the U.S. Environmental Protection Agency (“EPA”) released a rule finalizing standards for technology reviews (“TR”) conducted for the national emission standards for hazardous air pollutants (“NESHAP”) at…more

Air Pollution, Carbon Emissions, Environmental Protection Agency (EPA), Hazardous Substances, National Emissions Standards

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

Second Circuit Modifies Injunction and Opens the Door for Dispensaries in WNY

Last November, the District Court for the Northern District of New York issued an injunction amid a lawsuit by Variscite NY One (“Variscite”), a Michigan entity, which had been denied approval to operate a recreational cannabis…more

Agribusiness, Alternative Medicine, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

See all updates »

SEC Adopts Final Climate Change Disclosure Rules

On March 6, 2024, nearly two years after proposed rules were released, the Securities and Exchange Commission (“SEC”) adopted final rules to require public companies to disclose climate-related information in annual reports and…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Statements

See all updates »

New Nonprofit Filing Requirements with NYS Department of State

As of January 1, 2021, new Subsection (9) of Section 172-b of the New York Executive Law (the “New Rule”) imposes additional reporting requirements for certain nonprofit organizations that solicit charitable contributions in New…more

501(c)(3), Charitable Deductions, Charitable Donations, IRS, New Regulations

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

Early COVID-19 Court Decisions Supporting Executive Orders Suggest How the Courts May View Their Impact On Business Relationships

In response to the COVID-19 public health crisis, the New York legislature expanded the emergency powers of the Governor, and the Governor has issued a steady stream of executive orders suspending state and local laws and…more

Business Litigation, Coronavirus/COVID-19, Criminal Prosecution, Enforcement Authority, Executive Orders

See all updates »

New York State Legislative Developments For Tax-Exempt Organizations/Nonprofits

NY Executive Law 172-b Amendment:  Repeal of NYS DOS Filing Requirements - Governor Hochul signed S4817a/A1141a into law on November 12, 2021.  S4817a amended New York's Executive Law 172-b, repealing in part the…more

Charitable Organizations, Confidential Information, Coronavirus/COVID-19, Emergency Management Plans, Filing Requirements

See all updates »

New York State Legislative Developments For Tax-Exempt Organizations/Nonprofits

NY Executive Law 172-b Amendment:  Repeal of NYS DOS Filing Requirements - Governor Hochul signed S4817a/A1141a into law on November 12, 2021.  S4817a amended New York's Executive Law 172-b, repealing in part the…more

Charitable Organizations, Confidential Information, Coronavirus/COVID-19, Emergency Management Plans, Filing Requirements

See all updates »

New York Public Service Commission Commences Grid of the Future Proceeding

Building upon its efforts at better aligning the State’s regulatory structure with a transforming energy market and the guiding principles first articulated in its Reforming the Energy Vision (“REV”) proceeding, New York is…more

Electricity, Energy Policy, Energy Reform, Greenhouse Gas Emissions, Infrastructure

See all updates »

New York State Legislative Developments For Tax-Exempt Organizations/Nonprofits

NY Executive Law 172-b Amendment:  Repeal of NYS DOS Filing Requirements - Governor Hochul signed S4817a/A1141a into law on November 12, 2021.  S4817a amended New York's Executive Law 172-b, repealing in part the…more

Charitable Organizations, Confidential Information, Coronavirus/COVID-19, Emergency Management Plans, Filing Requirements

See all updates »

COVID-19 Vaccine Requirements for Travelers to the United States

On October 25, 2021, President Biden issued Presidential Proclamation 10294 rescinding the geographic COVID-19 travel bans and implementing COVID-19 vaccination requirements for international air travelers to the United States,…more

Biden Administration, Coronavirus/COVID-19, Foreign Nationals, Health and Safety, Immigration Procedures

See all updates »

Taco Bell Throws Its Hat in the Ring to Free “Taco Tuesday” from Trademark Protection

It’s 9 a.m. on a Tuesday and you think to yourself . . . what are we having for dinner tonight? And then it hits you – it’s Tuesday . . . Taco Tuesday! Think twice before you snap a picture of your Tuesday taco treat and…more

Brand, Fast-Food Industry, Intellectual Property Protection, Restaurant Industry, Taco Bell

See all updates »

Alternative Instruction for Suspended Students

On October 10, 2023, the New York State Education Department (“NYSED”) Office of Counsel released a formal opinion (“Formal Opinion No. 243”) on the number of instructional hours owed to students serving out-of-school…more

Disciplinary Proceedings, Education Reform, Educational Institutions, New York, Regulatory Requirements

See all updates »

OSHA Alters the Balance on Employee Representation During Walkaround Inspections- Opening the Door to Union Organizing and Leaving Many Practical Questions Unanswered

The U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) regulations have long recognized the rights of both employer and employee representatives to participate in OSHA inspections. In relevant…more

Employee Representatives, Final Rules, OSHA, Safety Inspections, Union Representatives

See all updates »

Temporary Open Meetings Law Relief

Earlier yesterday, the Governor signed legislation that relieves for a time (i.e., until January 15, 2022) any "local public body or public corporation" from the usual Open Meetings Law requirement to meet in person…more

Coronavirus/COVID-19, Emergency Management Plans, FOIA, Infectious Diseases, Municipalities

See all updates »

Reminder - New York Employee Electronic Monitoring Law Became Effective on May 7, 2022

Pursuant to an amendment to the New York Civil Rights Law that took effect on May 7, 2022, private-sector employers who monitor their employees’ use of telephones, email, and the internet must now notify employees of electronic…more

Electronic Monitoring, Employee Monitoring, Employee Privacy Rights, Employee Rights, Employer Liability Issues

See all updates »

Early COVID-19 Court Decisions Supporting Executive Orders Suggest How the Courts May View Their Impact On Business Relationships

In response to the COVID-19 public health crisis, the New York legislature expanded the emergency powers of the Governor, and the Governor has issued a steady stream of executive orders suspending state and local laws and…more

Business Litigation, Coronavirus/COVID-19, Criminal Prosecution, Enforcement Authority, Executive Orders

See all updates »

New Year, New Home Care Laws: Medicaid-Funded Home Health Care Services Must Implement EVV by January 1, 2023

The 21st Century Cures Act, a federal law passed by Congress in December 2016, mandates that states implement Electronic Visit Verification (EVV) for all Medicaid personal care services (PCS) and home health care services (HHCS)…more

21st Century Cures Act, Health Care Providers, Health Insurance, Healthcare, Home Health Care

See all updates »

IRS Extends 2020 Individual Income Tax Return Filing and Tax Payment Deadline from April 15 to May 17, 2021

On March 17, 2021, the IRS announced that it was extending, from April 15, 2021 to May 17, 2021, the deadline for filing a 2020 federal individual income tax return and the deadline for paying 2020 federal individual income tax…more

Coronavirus/COVID-19, Federal Taxes, Filing Deadlines, Income Taxes, Infectious Diseases

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

Federal Circuit Set to Rehear Case En Banc Impacting the Longstanding Test for Design Patent Obviousness

On June 30, 2023, the U.S. Court of Appeals for the Federal Circuit granted a petition for rehearing en banc in LKQ Corp. v. GM Global Tech. Operations. The full court will consider whether forty years of established precedent…more

Design Patent, En Banc Review, Intellectual Property Protection, Obviousness, Patent Infringement

See all updates »

The Latest Fraud Scheme at the USPTO: Be Vigilant in Reviewing and Monitoring Your Trademarks

As a trademark owner, you must be diligent in reviewing and maintaining your trademarks at the United States Patent and Trademark Office (USPTO). Many trademark owners rely on their counsel to be vigilant and monitor their…more

Intellectual Property Protection, Trademark Registration, Trademarks, USPTO

See all updates »

NYS Facing First Lawsuit Over Retail Cannabis Dispensary Licensing Process

Less than a month after New York’s Conditional Adult Use Retail Dispensary (“CAURD”) license application window closed, the State has already been named in a lawsuit related to its licensing process.  Variscite NY One…more

Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Injunctive Relief, Licensing Rules

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

NYC Local Law 1932-A May Allow Individual Guarantors of Certain Commercial Leases or Rental Agreements To Limit Personal Liability

NYC Local Law 1932-A, signed by Mayor de Blasio on May 26, 2020, temporarily prohibits the enforcement of personal liability provisions of lease or rental agreements for certain commercial tenants in NYC impacted by COVID-19…more

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

See all updates »

COVID-19 Vaccine Requirements for Travelers to the United States

On October 25, 2021, President Biden issued Presidential Proclamation 10294 rescinding the geographic COVID-19 travel bans and implementing COVID-19 vaccination requirements for international air travelers to the United States,…more

Biden Administration, Coronavirus/COVID-19, Foreign Nationals, Health and Safety, Immigration Procedures

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

Boozy Ice Cream as the Respite to Financial Uncertainty? New York Says Yes

You read that right! In an effort to help curb financial woes associated with the pandemic, New York has encouraged businesses to create (and profit from) mouthwatering boozy desserts that allow their customers to eat, drink,…more

Food Manufacturers, Food Supply, New Legislation, State and Local Government, Wine & Alcohol

See all updates »

The Latest Fraud Scheme at the USPTO: Be Vigilant in Reviewing and Monitoring Your Trademarks

As a trademark owner, you must be diligent in reviewing and maintaining your trademarks at the United States Patent and Trademark Office (USPTO). Many trademark owners rely on their counsel to be vigilant and monitor their…more

Intellectual Property Protection, Trademark Registration, Trademarks, USPTO

See all updates »

Changes to the Cap H-1B Registration Process

The U.S. Citizenship and Immigration Services finalized changes to the Cap H-1B lottery process to take effect before the FY 2025 H-1B cap season. These changes come as an effort to ensure fairness in the selection process by…more

H-1B, Immigration Procedures, Lottery, USCIS

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

Restaurant Revitalization Fund Applications

President Biden signed the American Rescue Plan Act of 2021 (ARPA) into law on March 11, 2021, establishing the $28.6 billion Restaurant Revitalization Fund (RRF) to provide broad-based financial relief to a U.S. food service…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Eligibility Determination

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

U.S. Election Update: Are Changes to the Estate and Gift Tax Coming?

With the apparent election of Joseph R. Biden, Jr. as the 46th President, changes to the federal estate and gift tax regime could be brewing.  As a result, some of our clients are asking if they should be planning for these…more

Biden Administration, Estate Planning, Estate Tax, Gift Tax, Tax Planning

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

What’s in Your “Secret Sauce?” The FTC’s Proposed Rule to Ban Noncompetes and Considerations for Food and Beverage Businesses

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would ban employers from imposing noncompetes on workers, based on the FTC’s determination that noncompete agreements constitute an unfair method…more

Beverage Manufacturers, Contract Terms, Employees, Employer Liability Issues, Employment Contract

See all updates »

Early COVID-19 Court Decisions Supporting Executive Orders Suggest How the Courts May View Their Impact On Business Relationships

In response to the COVID-19 public health crisis, the New York legislature expanded the emergency powers of the Governor, and the Governor has issued a steady stream of executive orders suspending state and local laws and…more

Business Litigation, Coronavirus/COVID-19, Criminal Prosecution, Enforcement Authority, Executive Orders

See all updates »

NYC Local Law 1932-A May Allow Individual Guarantors of Certain Commercial Leases or Rental Agreements To Limit Personal Liability

NYC Local Law 1932-A, signed by Mayor de Blasio on May 26, 2020, temporarily prohibits the enforcement of personal liability provisions of lease or rental agreements for certain commercial tenants in NYC impacted by COVID-19…more

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

See all updates »

New York State Finalizes Regulations Implementing the New Large-Scale Renewables Siting Process

On March 3, 2021, the Office of Renewable Energy Siting (“ORES”) issued the much-anticipated final regulations implementing New York State’s new large-scale renewables siting and permitting process (“the Section 94-c process”)…more

Energy Policy, Energy Projects, Infrastructure, Permits, Renewable Energy

See all updates »

Applicant’s Partial Loss of Site Control Results in First ORES Denial of Section 94-c Permit Application

One of the fundamental aspects of any generating project review by a local or state agency is that the applicant must have site control. Now, the partial loss of site control has resulted in the first denial of an Executive Law…more

Energy Projects, Permits, Renewable Energy, Site Plans, Solar Energy

See all updates »

OSHA Alters the Balance on Employee Representation During Walkaround Inspections- Opening the Door to Union Organizing and Leaving Many Practical Questions Unanswered

The U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) regulations have long recognized the rights of both employer and employee representatives to participate in OSHA inspections. In relevant…more

Employee Representatives, Final Rules, OSHA, Safety Inspections, Union Representatives

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

COVID-19 Vaccine Requirements for Travelers to the United States

On October 25, 2021, President Biden issued Presidential Proclamation 10294 rescinding the geographic COVID-19 travel bans and implementing COVID-19 vaccination requirements for international air travelers to the United States,…more

Biden Administration, Coronavirus/COVID-19, Foreign Nationals, Health and Safety, Immigration Procedures

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

See all updates »

Alternative Instruction for Suspended Students

On October 10, 2023, the New York State Education Department (“NYSED”) Office of Counsel released a formal opinion (“Formal Opinion No. 243”) on the number of instructional hours owed to students serving out-of-school…more

Disciplinary Proceedings, Education Reform, Educational Institutions, New York, Regulatory Requirements

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

See all updates »

U.S. Election Update: Are Changes to the Estate and Gift Tax Coming?

With the apparent election of Joseph R. Biden, Jr. as the 46th President, changes to the federal estate and gift tax regime could be brewing.  As a result, some of our clients are asking if they should be planning for these…more

Biden Administration, Estate Planning, Estate Tax, Gift Tax, Tax Planning

See all updates »

IRS Recognizes the Issuance of Erroneous Tax-Exempt Status Revocations Due to COVID-Related Computer Issue

Recently, the Internal Revenue Service has acknowledged that a computer program issue caused the erroneous revocation of tax-exemption for thousands of nonprofits across the country.  This statement from the IRS followed a…more

Charitable Donations, Charitable Organizations, Internal Revenue Code (IRC), IRS, Popular

See all updates »

Budget Bill Amends Assessment Challenges to Renewable Energy Projects Under Real Property Tax Law § 575-b

We recently alerted you of the temporary restraining order (the “TRO”) halting the Real Property Tax Law (“RPTL”) § 575-b assessment model (the “Model”). There is no mention in the TRO concerning the Legislature’s recent…more

Assessment, Discounts, Energy Projects, Municipalities, Renewable Energy

See all updates »

New York Public Service Commission Commences Grid of the Future Proceeding

Building upon its efforts at better aligning the State’s regulatory structure with a transforming energy market and the guiding principles first articulated in its Reforming the Energy Vision (“REV”) proceeding, New York is…more

Electricity, Energy Policy, Energy Reform, Greenhouse Gas Emissions, Infrastructure

See all updates »

NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any…more

Corporate Counsel, CPLR, Employment Discrimination, Employment Litigation, Former Employee

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New York State Amends Workplace Violence Prevention Law to Apply to School Districts

In September 2023, Governor Hochul signed an amendment to New York Labor Law § 27-b requiring public school districts, charter schools, and boards of cooperative educational services (BOCES) to create and implement workplace…more

Educational Institutions, Employer Liability Issues, Hostile Environment, New Amendments, New York

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NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

New COVID-19 Pilot Program and Extensions for Patents and Trademarks

Many government agencies are implementing policies to reduce the need for in-person interaction and accommodate those affected by the COVID-19 outbreak. The United States Patent and Trademark Office is no exception…more

Coronavirus/COVID-19, Intellectual Property Protection, Patents, Trademarks, USPTO

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Robinhood Trading App in SEC and State Regulator Crosshairs

Robinhood is an app-based stock trading platform marketed to younger investors, with approximately 13 million customer accounts. Robinhood’s stated mission is to “democratize finance for all” and its website touts “investing for…more

Enforcement Actions, Failure To Disclose, Financial Markets, Investment, Material Misstatements

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Taco Bell Throws Its Hat in the Ring to Free “Taco Tuesday” from Trademark Protection

It’s 9 a.m. on a Tuesday and you think to yourself . . . what are we having for dinner tonight? And then it hits you – it’s Tuesday . . . Taco Tuesday! Think twice before you snap a picture of your Tuesday taco treat and…more

Brand, Fast-Food Industry, Intellectual Property Protection, Restaurant Industry, Taco Bell

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Changes to the Cap H-1B Registration Process

The U.S. Citizenship and Immigration Services finalized changes to the Cap H-1B lottery process to take effect before the FY 2025 H-1B cap season. These changes come as an effort to ensure fairness in the selection process by…more

H-1B, Immigration Procedures, Lottery, USCIS

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Warning: Don’t Ignore Your Customers’ Secured Lenders, You Could be Required to Pay Twice!

New York State’s highest court recently dealt a big win for secured lenders holding accounts receivable as collateral. In Worthy Lending LLC v. New Style Contractors, Inc., the Court of Appeals of New York held that, pursuant to…more

Accounts Receivable, Creditors, Debtors, Lenders, NY Supreme Court

See all updates »

NYC Local Law 1932-A May Allow Individual Guarantors of Certain Commercial Leases or Rental Agreements To Limit Personal Liability

NYC Local Law 1932-A, signed by Mayor de Blasio on May 26, 2020, temporarily prohibits the enforcement of personal liability provisions of lease or rental agreements for certain commercial tenants in NYC impacted by COVID-19…more

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

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SECURE 2.0 Update: IRS Announces Two-Year Delay for New Roth Catch-Up Contribution Rule Implementation

The end of summer is near and 2024 grows closer, which means that certain SECURE 2.0 changes for retirement plans also will soon take effect.  One of the changes scheduled to take effect in 2024 is the new rule that requires all…more

Employee Benefits, Employee Contributions, IRS, Retirement, Retirement Plan

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SEC Adopts Final Pay Versus Performance Rules

The SEC recently adopted final pay versus performance disclosure rules, implementing Section 14(i) of the Securities Exchange Act of 1934. As added by Section 953(a) of the Dodd-Frank Act, Section 14(i) mandated that the SEC…more

Compensation & Benefits, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay-for-Performance

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Luxury Fashion Designer Earns Its Stripes In Trademark Victory Against adidas

The battle over whether a luxury fashion brand’s stripe designs infringes adidas’ signature “Three Stripe” trademarks ended on January 12. On that day, a jury found that designer Thom Browne, Inc., known for its natty tailoring…more

Adidas, Dilution, Fashion Branding, Fashion Design, Fashion Industry

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IRS Extends 2020 Individual Income Tax Return Filing and Tax Payment Deadline from April 15 to May 17, 2021

On March 17, 2021, the IRS announced that it was extending, from April 15, 2021 to May 17, 2021, the deadline for filing a 2020 federal individual income tax return and the deadline for paying 2020 federal individual income tax…more

Coronavirus/COVID-19, Federal Taxes, Filing Deadlines, Income Taxes, Infectious Diseases

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Mass Departure Caught Up to the Tax Department

Over the past few years, we’ve seen a mass exodus of taxpayers leaving New York. Why? Well, first there was the COVID-19 pandemic; that didn’t help. But in the middle of the pandemic, the State raised the personal income tax…more

Income Taxes, New York, State and Local Government, State Budgets, Tax Revenues

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New York State’s “Freelance Isn’t Free” Act – What Employers Need to Know

On November 22, 2023, New York Governor Kathy Hochul signed into law the “Freelance Isn’t Free” Act (the “Act”), a statute which provides new protections and recourses for “freelance workers” (i.e., “independent contractors” or…more

Employee Definition, Employer Liability Issues, Freelance Isn't Free Act (FIFA), Freelance Workers, Gig Economy

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New York Court of Appeals Reverses Multimillion Dollar Verdict

New York’s highest court, the Court of Appeals, reversed a multimillion dollar jury verdict in a wrongful death trial involving allegations of asbestos exposure because the plaintiff failed to meet the threshold for proving…more

Appeals, Asbestos, Asbestos Litigation, Causation, Damages

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Court Ruling Simplifies Service Upon Foreign Trademark Infringers

Enforcing trademark rights against an overseas defendant can be a lengthy and expensive process. But a recent ruling may make serving legal papers upon a foreign-domiciled infringer easier (and less expensive) when the infringer…more

China, Foreign Corporations, Intellectual Property Protection, Trademark Application, Trademark Cancellation

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SBA Issues Interim Final Rule to Implement the American Rescue Plan Act’s Modifications to the Paycheck Protection Program

On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021 (“ARPA”) into law.  Among other things, the legislation infused another $7.25 billion into the Paycheck Protection Program (“PPP”) and…more

American Rescue Plan Act of 2021, Biden Administration, CARES Act, COBRA, Coronavirus/COVID-19

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The Proposed New York Corp Tax Regs Are Out! And A First Look at the New Passive Investment Customer Rules

We’re seeing some progress in New York!  It’s been nine long years since the Legislature adopted sweeping corporate tax reform, and yesterday the New York Department officially released its proposed rulemaking (as opposed to the…more

Corporate Taxes, Income Taxes, New York, Proposed Rules, State Taxes

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New York City Bans Gas Hookups in New Buildings; is the State Next?

On December 15, 2021, the New York City Council (“Council”) passed Int. 2317-2021 in a 40 to 7 vote effectively banning new fossil fuel hookups in buildings for heat, hot water, and kitchen stoves starting as early as 2024…more

Air Quality Standards, Carbon Emissions, Climate Action Plan, Climate Change, Construction Project

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Final New York State Budget Imposes New Requirements for New York Home Care Providers and Significant Financial Investments for the Health Care Industry

Governor Kathy Hochul signed the 2023-2024 New York State Budget Bill into law on May 3, 2023. The final Budget establishes extensive changes affecting various providers including home care agencies, skilled nursing facilities,…more

Healthcare, Healthcare Workers, Home Health Care, Long Term Care Facilities, Minimum Wage

See all updates »

Real Property Tax Law § 575-b Solar and Wind Assessment Model Remains on Hold While Litigation Proceeds

State Department of Taxation and Finance could resolve most of the lawsuit simply by publishing the Model through SAPA, but has not done so. Previously we advised about a Temporary Restraining Order that halted the…more

Clean Energy, Energy Policy, New York, Property Tax, Renewable Energy

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

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TiNY Report for May 31, 2024

Your TiNY editor-in-chief took some time away over the long weekend and that led to the late posting of this week’s TiNY Report. The delay gave us some time to reflect on Hodgson Russ’s slick replacement website. When we…more

Administrative Law Judge (ALJ), New York, State Taxes, Tax Appeals, Tax Court

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New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

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Tax Updates From Connecticut, New Jersey and New York City - October 2021

In this installment of the Tristate Tax Alert we have news on New Jersey’s CBT Schedule G-2 (Claims for Exceptions to Disallowed Interest and Intangible Expenses and Costs), guidance from New York City on Hurricane Ida penalty…more

Income Taxes, Pass-Through Entities, State Taxes, Tax Appeals, Tax Court

See all updates »

New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

See all updates »

Early COVID-19 Court Decisions Supporting Executive Orders Suggest How the Courts May View Their Impact On Business Relationships

In response to the COVID-19 public health crisis, the New York legislature expanded the emergency powers of the Governor, and the Governor has issued a steady stream of executive orders suspending state and local laws and…more

Business Litigation, Coronavirus/COVID-19, Criminal Prosecution, Enforcement Authority, Executive Orders

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Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

It’s official: Local Law 97 Has Been Challenged in Court. Will it Hold Up to Judicial Scrutiny?

On May 18, 2022, a group of cooperative corporations, mixed-use building owners, and residents filed a lawsuit against New York City (“City” or “NYC”), the Department of Buildings (“DOB”), and the DOB Commissioner in New York…more

Carbon Emissions, City of New York, Constitutional Challenges, Due Process, Environmental Policies

See all updates »

Congress and the President Approve $284 Billion Second Round of Paycheck Protection Program Loans In Support of Struggling Small Businesses

In the waning evening hours of December 21, 2020, Congress passed the “Consolidated Appropriations Act, 2021,” a new, comprehensive COVID-19 relief bill. The bill passed by a wide margin with bi-partisan support, with votes of…more

Business Expenses, Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

Real Property Tax Law § 575-b Solar and Wind Assessment Model Remains on Hold While Litigation Proceeds

State Department of Taxation and Finance could resolve most of the lawsuit simply by publishing the Model through SAPA, but has not done so. Previously we advised about a Temporary Restraining Order that halted the…more

Clean Energy, Energy Policy, New York, Property Tax, Renewable Energy

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

2024 Draft Solar and Wind Valuation Model Under Real Property Tax Law § 575-b Released for Public Comment

On December 28, 2023, the New York State Department of Taxation and Finance (“DOTF”) released the draft 2024 solar and wind valuation model (“2024 Model”) for public review and comment. The DOTF developed the draft 2024 Model in…more

Comment Period, Department of Taxation and Finance, Draft Guidance, Energy Storage, Infrastructure

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Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

New York State Finalizes Regulations Implementing the New Large-Scale Renewables Siting Process

On March 3, 2021, the Office of Renewable Energy Siting (“ORES”) issued the much-anticipated final regulations implementing New York State’s new large-scale renewables siting and permitting process (“the Section 94-c process”)…more

Energy Policy, Energy Projects, Infrastructure, Permits, Renewable Energy

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

What’s in Your “Secret Sauce?” The FTC’s Proposed Rule to Ban Noncompetes and Considerations for Food and Beverage Businesses

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would ban employers from imposing noncompetes on workers, based on the FTC’s determination that noncompete agreements constitute an unfair method…more

Beverage Manufacturers, Contract Terms, Employees, Employer Liability Issues, Employment Contract

See all updates »

New York Passes the Adult Survivors Act – Every Organization Should Prepare Now

On May 24, 2022, Governor Hochul signed the Adult Survivors Act into legislation. Much like the Child Victims Act, the Adult Survivors Act creates a one-year lookback window for survivors of sexual assault, but this time the…more

Child Abuse, Crime Victims, Minor Children, New Legislation, New York

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New York State Legislative Developments For Tax-Exempt Organizations/Nonprofits

NY Executive Law 172-b Amendment:  Repeal of NYS DOS Filing Requirements - Governor Hochul signed S4817a/A1141a into law on November 12, 2021.  S4817a amended New York's Executive Law 172-b, repealing in part the…more

Charitable Organizations, Confidential Information, Coronavirus/COVID-19, Emergency Management Plans, Filing Requirements

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FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

Warning: Don’t Ignore Your Customers’ Secured Lenders, You Could be Required to Pay Twice!

New York State’s highest court recently dealt a big win for secured lenders holding accounts receivable as collateral. In Worthy Lending LLC v. New Style Contractors, Inc., the Court of Appeals of New York held that, pursuant to…more

Accounts Receivable, Creditors, Debtors, Lenders, NY Supreme Court

See all updates »

New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

If you have been following the tax news in New Jersey you have probably heard a lot about significant revisions to the Corporation Business Tax signed by Governor Murphy on July 3, 2023.  While not getting nearly the attention…more

Due Dates, GILTI tax, Income Apportionment, Income Taxes, New Jersey

See all updates »

Supreme Court Provides Further Guidance on Public Officials First Amendment Rights on Social Media

A pair of new Supreme Court decisions provides further guidance about when a public official can be held liable under the First Amendment for blocking constituents on social media. …more

Facebook, First Amendment, Free Speech, Government Officials, Lindke v Freed

See all updates »

What Would a Biden Administration Mean for New York’s Renewable Energy Industry?

Americans have already voted en masse, and – hopefully – will know the identity of their next president on November 3 or shortly thereafter. Currently, former Vice President Joe Biden appears to be leading in the polls. It is…more

Biden Administration, Energy Policy, Energy Projects, Energy Storage, Infrastructure

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Corporate Transparency Act: FinCEN Updates and Guidance Ahead of January 1, 2024 Effective Date

What is the Corporate Transparency Act? - Effective on January 1, 2024, the Corporate Transparency Act (the CTA) will require existing and newly formed entities operating in the United States to report personal information…more

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

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

Alternative Instruction for Suspended Students

On October 10, 2023, the New York State Education Department (“NYSED”) Office of Counsel released a formal opinion (“Formal Opinion No. 243”) on the number of instructional hours owed to students serving out-of-school…more

Disciplinary Proceedings, Education Reform, Educational Institutions, New York, Regulatory Requirements

See all updates »

New York Appellate Court Stymies Upstate Axe Murderer’s Efforts to Sue Cable Network over TV-Movie Based on His Crimes

One morning in late 2004, Peter and Joan Porco were discovered in their quiet suburban home with massive head injuries inflicted by an axe. Peter – a New York State Appellate Division court clerk – died later that day. Joan…more

Advertising, Crime Victims, Criminal Investigations, Criminal Prosecution, Injunctions

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Hodgson Russ Helps Clients in Largest-Ever False Claims Act Settlement In Risperdal Lawsuits Against Johnson & Johnson

The Justice Department announced that Johnson & Johnson will pay $1.273 billion to the federal government and most states to settle a civil False Claims Act investigation into its off-label marketing of its antipsychotic drug…more

False Claims Act (FCA), Johnson & Johnson, Off-Label Promotion, Settlement, Whistleblowers

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Reminder - New York Employee Electronic Monitoring Law Became Effective on May 7, 2022

Pursuant to an amendment to the New York Civil Rights Law that took effect on May 7, 2022, private-sector employers who monitor their employees’ use of telephones, email, and the internet must now notify employees of electronic…more

Electronic Monitoring, Employee Monitoring, Employee Privacy Rights, Employee Rights, Employer Liability Issues

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Corporate Transparency Act: FinCEN Updates and Guidance Ahead of January 1, 2024 Effective Date

What is the Corporate Transparency Act? - Effective on January 1, 2024, the Corporate Transparency Act (the CTA) will require existing and newly formed entities operating in the United States to report personal information…more

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

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

What’s in Your “Secret Sauce?” The FTC’s Proposed Rule to Ban Noncompetes and Considerations for Food and Beverage Businesses

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would ban employers from imposing noncompetes on workers, based on the FTC’s determination that noncompete agreements constitute an unfair method…more

Beverage Manufacturers, Contract Terms, Employees, Employer Liability Issues, Employment Contract

See all updates »

Temporary Restraining Order Rejected in the Latest Attack on RPTL § 575-b Assessment Model

A New York State Supreme Court justice has rejected a request for temporary restraining order (“TRO”) sought by municipal officials attempting to once again prevent use of the state-mandated assessment model for solar and wind…more

Appraisal, Constitutional Challenges, Energy Projects, Municipalities, NY Supreme Court

See all updates »

The Final New York State Budget is Approved: Here are the Major Impacts for Hospitals, Nursing Facilities, and other Health Care Providers

On April 20, 2024, Governor Kathy Hochul approved the $237 billion New York State Budget for fiscal year 2025 (“Budget”). The Budget includes new legislation to increase Medicaid payments for certain facilities, creates a new…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Facilities, Healthcare Reform

See all updates »

Congress and the President Approve $284 Billion Second Round of Paycheck Protection Program Loans In Support of Struggling Small Businesses

In the waning evening hours of December 21, 2020, Congress passed the “Consolidated Appropriations Act, 2021,” a new, comprehensive COVID-19 relief bill. The bill passed by a wide margin with bi-partisan support, with votes of…more

Business Expenses, Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

See all updates »

Warning: Don’t Ignore Your Customers’ Secured Lenders, You Could be Required to Pay Twice!

New York State’s highest court recently dealt a big win for secured lenders holding accounts receivable as collateral. In Worthy Lending LLC v. New Style Contractors, Inc., the Court of Appeals of New York held that, pursuant to…more

Accounts Receivable, Creditors, Debtors, Lenders, NY Supreme Court

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

SEC Adopts Final Climate Change Disclosure Rules

On March 6, 2024, nearly two years after proposed rules were released, the Securities and Exchange Commission (“SEC”) adopted final rules to require public companies to disclose climate-related information in annual reports and…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Statements

See all updates »

Alternative Instruction for Suspended Students

On October 10, 2023, the New York State Education Department (“NYSED”) Office of Counsel released a formal opinion (“Formal Opinion No. 243”) on the number of instructional hours owed to students serving out-of-school…more

Disciplinary Proceedings, Education Reform, Educational Institutions, New York, Regulatory Requirements

See all updates »

EPA Finalizes Standards Impacting Hazardous Air Pollution Emissions at Gasoline Distribution Facilities

Earlier this month the U.S. Environmental Protection Agency (“EPA”) released a rule finalizing standards for technology reviews (“TR”) conducted for the national emission standards for hazardous air pollutants (“NESHAP”) at…more

Air Pollution, Carbon Emissions, Environmental Protection Agency (EPA), Hazardous Substances, National Emissions Standards

See all updates »

Music Copyrights on a Roll – Read and Listen to Hear the Latest

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Digital Sampling

See all updates »

Supreme Court Provides Further Guidance on Public Officials First Amendment Rights on Social Media

A pair of new Supreme Court decisions provides further guidance about when a public official can be held liable under the First Amendment for blocking constituents on social media. …more

Facebook, First Amendment, Free Speech, Government Officials, Lindke v Freed

See all updates »

NYSDEC Releases New Draft Guidance Related to Discharges of PFOA, PFOS and 1,4-Dioxane for Public Review and Comment

On January 10, 2024, the New York State Department of Environmental Conservation (“NYSDEC”) commenced the public comment period for new draft guidance related to discharges of PFOA, PFOS and 1,4-Dioxane. This guidance…more

Chemicals, Department of Environmental Conservation, Discharge of Pollutants, Draft Guidance, Environmental Policies

See all updates »

Corporate Transparency Act: FinCEN Updates and Guidance Ahead of January 1, 2024 Effective Date

What is the Corporate Transparency Act? - Effective on January 1, 2024, the Corporate Transparency Act (the CTA) will require existing and newly formed entities operating in the United States to report personal information…more

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

See all updates »

An Empire Zone Case Strikes Back: Appellate Division Reverses Long-Time Tax Department Policy

A couple weeks ago, the Third Department of the New York Supreme Court, Appellate Division issued its decision in Matter of Schreiber, reversing a prior decision of the Tax Appeals Tribunal, finding that its interpretation of…more

NY Supreme Court, Reversal, S-Corporation, State Taxes, Tax Appeals

See all updates »

Final New York State Budget Imposes New Requirements for New York Home Care Providers and Significant Financial Investments for the Health Care Industry

Governor Kathy Hochul signed the 2023-2024 New York State Budget Bill into law on May 3, 2023. The final Budget establishes extensive changes affecting various providers including home care agencies, skilled nursing facilities,…more

Healthcare, Healthcare Workers, Home Health Care, Long Term Care Facilities, Minimum Wage

See all updates »

New York State Liquor Authority Moves to Tackle Backlog of Items

The New York State Liquor Authority (SLA) is taking a step forward toward tackling a massive backlog of items. Beginning Thursday, November 30, 2023, a special committee of senior SLA staff members will begin moving to address…more

Administrative Backlogs, Applications, Liquor Control Boards, Liquor Licences, New York

See all updates »

FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

Last week, New York State Governor Kathy Hochul released her Executive Budget Proposal for FY 2025, which includes a bill aimed to expedite and consolidate environmental review and permitting for major renewable electric…more

Climate Action Plan, Climate Change, Electric Generation Suppliers, Electricity, Energy Policy

See all updates »

Congress and the President Approve $284 Billion Second Round of Paycheck Protection Program Loans In Support of Struggling Small Businesses

In the waning evening hours of December 21, 2020, Congress passed the “Consolidated Appropriations Act, 2021,” a new, comprehensive COVID-19 relief bill. The bill passed by a wide margin with bi-partisan support, with votes of…more

Business Expenses, Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

See all updates »

Congress and the President Approve $284 Billion Second Round of Paycheck Protection Program Loans In Support of Struggling Small Businesses

In the waning evening hours of December 21, 2020, Congress passed the “Consolidated Appropriations Act, 2021,” a new, comprehensive COVID-19 relief bill. The bill passed by a wide margin with bi-partisan support, with votes of…more

Business Expenses, Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

See all updates »

SECURE Act Brings Major Changes to Retirement and Estate Planning

On December 20, 2019, President Trump signed a two-part spending bill funding the federal government through Fiscal Year 2020. Among the many provisions included with the spending bill is the Setting Every Community Up for…more

401k, Compensation & Benefits, Employee Benefits, Employee Contributions, Estate Planning

See all updates »

New York State Budget Notes – May 2023

With all the noise from the pro hockey and basketball playoffs and the start of the baseball season, you may have missed the dust-up in Albany that delayed the State’s budget by almost a month.  Some of the issues being debated…more

Business Taxes, False Claims Act (FCA), Income Taxes, Natural Disasters, New York

See all updates »

Warning: Don’t Ignore Your Customers’ Secured Lenders, You Could be Required to Pay Twice!

New York State’s highest court recently dealt a big win for secured lenders holding accounts receivable as collateral. In Worthy Lending LLC v. New Style Contractors, Inc., the Court of Appeals of New York held that, pursuant to…more

Accounts Receivable, Creditors, Debtors, Lenders, NY Supreme Court

See all updates »

Alternative Instruction for Suspended Students

On October 10, 2023, the New York State Education Department (“NYSED”) Office of Counsel released a formal opinion (“Formal Opinion No. 243”) on the number of instructional hours owed to students serving out-of-school…more

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COVID-19 Vaccine Requirements for Travelers to the United States

On October 25, 2021, President Biden issued Presidential Proclamation 10294 rescinding the geographic COVID-19 travel bans and implementing COVID-19 vaccination requirements for international air travelers to the United States,…more

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Federal Court Invalidates NYC’s COVID-Era Guaranty Law, Opens Door For Commercial Landlords To Recoup Unpaid Rent From Personal Guarantors

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Temporary Restraining Order Halts Assessment Model for Wind and Solar Projects Under Real Property Tax Law § 575-b

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Alyssa's Law Signed by Governor: Encouraging Schools to Install Silent Panic Alarm Systems

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Changes to the Cap H-1B Registration Process

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New Jersey Enacts Major Changes to Partnership Sourcing and Corporate Provisions -- and There’s More to Come!

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FY 2025 Executive Budget: Governor Hochul Proposes to Expedite and Consolidate Environmental Review and Permitting for Major Renewable Electric Generation and Transmission Facilities

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The Election Results Are In: The Next Phase of California Privacy Law

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NY General Obligations Law Amended to Limit Further Pro-Employer Provisions in Settlement Agreements

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SEC Adopts Final Climate Change Disclosure Rules

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New York State Liquor Authority Moves to Tackle Backlog of Items

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Updates to State Building Codes will Require Local Revisions: Given the Added Workload on Code Enforcement, Municipalities May Wish to Evaluate the Sufficiency of Local Permit Fees

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Temporary Restraining Order Rejected in the Latest Attack on RPTL § 575-b Assessment Model

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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

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

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

California Privacy Rights

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

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

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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