Harris Beach Murtha PLLC

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99 Garnsey Road
Pittsford, New York 14534, United States
Phone: 5854198914
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Connecticut
  • D.C.
  • Massachusetts
  • New Jersey
  • New York
Number of Attorneys
200+ Attorneys

New York Rules Transfers of Parking and Storage Space Licenses are Subject to Transfer Tax

A recent private letter ruling published by the NYS Department of Taxation & Finance (the “Tax Department”) has opined that the conveyance of a license agreement for a parking space and storage space, in conjunction with the…more

Condominiums, Licenses, New York, Property Transaction Taxes, Transfer Taxes

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U.S. Supreme Court to Interpret 14th Amendment’s Citizenship Clause

On January 20, 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” aiming to narrow the application of birthright citizenship in the United States. The…more

Citizenship, Constitutional Challenges, Executive Orders, Fourteenth Amendment, Immigrants

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The Future of Blue Sky Laws: Is This the Beginning of the End for NSMIA Preemption?

Despite the enactment of the National Securities Market Improvement Act (“NSMIA”) in 1996, which aimed to create more uniform regulation of securities at the federal level, recent developments in Missouri suggest this uniformity…more

Blue Sky Laws, Broker-Dealer, NASAA, NSMIA, Preemption

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EPA Proposes Rules for Regulating PFAS under RCRA

The Environmental Protection Agency (EPA) recently released two proposed regulations that would classify nine per- and polyfluoroalkyl substances (PFAS) as “hazardous constituents” and expand oversight of waste facilities to…more

Class Action, Code of Federal Regulations (CFR), Corrective Actions, Environmental Protection Agency (EPA), PFAS

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Long Island Central Pine Barrens Land Use Plan Takes Effect July 19

On Friday, July 19, 2024, the updated Central Pine Barrens Comprehensive Land Use Plan (CLUP) goes into effect. The Central Pine Barrens Commission (Commission) adopted certain revisions to Articles IV–VI of the CLUP in April…more

Construction Industry, Construction Project, Land Developers, Land-Use Permits, New Regulations

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National Mass Torts: 2024 Year in Review

Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker, and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the industry…more

Causation, Class Action, Food and Drug Administration (FDA), Litigation Strategies, Mass Tort Litigation

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IRS Announces Inflation-Adjusted Amounts for 2024

On November 9, 2023, the IRS issued Revenue Procedure 2023-34 and an accompanying News Release announcing the annual inflation adjustments for more than 60 tax provisions for tax year 2024…more

Inflation Adjustments, IRS, Revenue Procedures, Tax Planning

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OIG February 2024 Enforcement Actions

The following is a summary of selected federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are…more

Bribery, Department of Health and Human Services (HHS), Enforcement Actions, False Billing, False Claims Act (FCA)

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Bank Collapses Shake Financial and Tech Sectors

The past week delivered three major shocks to the financial and tech worlds: first, the March 8 failure of Silvergate Bank; second, the sudden, March 10 failure of Silicon Valley Bank (“SVB”); and third, the weekend collapse of…more

Banking Sector, Coinbase, Cryptocurrency, Digital Currency, FDIC

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New York Sends Clear Message Crypto Exchanges and Banks Must Meet AML Obligations

New York’s Department of Financial Services (“DFS”) recently announced a $100 million settlement with Coinbase, Inc., one of the world’s largest cryptocurrency exchanges, for Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”)…more

Anti-Money Laundering, Bank Secrecy Act, Coinbase, Compliance, Crypto Exchanges

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Syndicated Loans are Not Securities

The U.S. Supreme Court declined to hear an appeal of the Second Circuit Court of Appeals’ ruling in Kirschner v. JP Morgan Chase Bank. Last August, the Second Circuit Court of Appeals held in Kirschner that syndicated term loans…more

Bank Loan Markets, Banks, Capital Markets, Financial Services Industry, JPMorgan Chase

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NY Ethics and Lobbying Commission Adopts Emergency Lobbying Rules

New York’s Commission on Ethics and Lobbying in Government (“the Commission”) announced the following adopted emergency rules on June 4, 2025: (i) the Commission adopted an emergency amendment of Part 943 of Title 19 NYCRR to…more

Ethics, Filing Requirements, Government Agencies, Lobbying, New York

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New York’s Transfer-on-Death Deeds May Not Be Your Answer

New York’s Transfer-on-Death Deed Law is set to take effect on July 19, 2024. The new law allows New York residents to designate a beneficiary to automatically inherit their real property upon their death, similar to beneficiary…more

Estate Planning, Gift Tax, Transfer on Death Deed (TOD)

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EPA Bans Ongoing Use of Chrysotile Asbestos

The U.S. Environmental Protection Agency (EPA) recently announced a final rule prohibiting the ongoing use of chrysotile asbestos. The rule, which is the first to be finalized under the 2016 amendments to the Toxic Substances…more

Asbestos, Environmental Protection Agency (EPA), Federal Bans, Final Rules, Occupational Exposure

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OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Industry

On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers…more

Biden Administration, Coronavirus/COVID-19, Executive Orders, Healthcare Facilities, Healthcare Workers

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New York Proposes Greater Regulation and Enforcement of Cryptocurrency Industry

New York is considering groundbreaking legislation that the state’s attorney general calls the “strongest and most comprehensive set of regulations on cryptocurrency in the nation.” Attorney General Letitia James said the…more

Brokers, Conflicts of Interest, Cryptocurrency, Enforcement, Investment Adviser

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LLC Annual Report Fees To Increase Significantly July 1, 2020

The Secretary of State will be increasing the annual report filing fees for (foreign and domestic) limited liability companies, limited partnerships and limited liability partnerships from $20 to $80 effective July 1,…more

Annual Reports, Corporate Governance, Filing Fees, Limited Liability Company (LLC), Limited Liability Partnerships

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Changes on the Horizon in the Connecticut Certificate of Need Process

Earlier this month, the Connecticut legislature passed Public Act 23-171, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (the Act). It is expected that Governor Lamont will sign the Act. The Act makes…more

Certificate of Need, Governor Lamont, Health Care Providers, Healthcare Facilities, Hospitals

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Scrutiny of Hospital–Physician Relationships Continues

Despite changes in many priorities, the federal government’s scrutiny of relationships between hospitals and physicians continues well into 2025. Last month, Community Health System (CHS) in California and its affiliate,…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Remote Public Hearings Authorized Under Executive Order No. 202-15

On April 9, 2020, New York Gov. Andrew Cuomo issued Executive Order No. 202.15 (the “Executive Order”), which dealt with, among many other issues, public hearings to be held by a local or state official, local government or…more

Executive Orders, Governor Cuomo, Public Hearing, Public Meetings, State and Local Government

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In Massachusetts, does liability for negligent design or construction ever end?

In a decision with significant consequences concerning the amount of time after construction during which design professionals and contractors may be liable for defective services or work, the Massachusetts Supreme Judicial…more

Appeals, Breach of Contract, Construction Disputes, Construction Litigation, Contract Disputes

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H-1B Lottery Season is Here What It Means for You

The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas. It requires a bachelor's degree or equivalent in a specialty occupation, U.S. employer sponsorship and certification that…more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Lottery, Prevailing Wages

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Why Corporate Housekeeping and Due Diligence are Serious Business for Businesses

When an organization is considering a major strategic development, such as seeking new investors or perhaps even selling the business, there are critical corporate housekeeping and due diligence steps needed to prepare. But it…more

Business Development, Business Opportunities, Business Valuations, Corporate Governance, Due Diligence

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Department of Labor Increases Salary Thresholds for Overtime

The U.S. Department of Labor (DOL) recently released a final rule sharply increasing the minimum salary thresholds for the “white-collar” overtime exemptions under the federal Fair Labor Standards Act (FLSA) applicable to…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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Financial Assistance Emerges for New York Small Businesses Impacted by COVID-19

The sudden and unexpected COVID-19 pandemic and the various efforts to contain it have significantly disrupted global commerce while imperiling companies both big and small. We have created a COVID-19 response page to help our…more

Contract Terms, Coronavirus/COVID-19, Creditors, Disaster Preparedness, Employee Retention

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Capital Financing Options for New York’s Burgeoning Cannabis Industry

As New York’s legal cannabis market heats up, many who are intended to benefit struggle with financing the launch of a new business and are at risk of becoming victims of predatory lending practices. While New York state…more

Banking Sector, Cannabis-Related Businesses (CRBs), Capital Raising, Debt Financing, Equity Financing

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Federal Government Expands Scope of Regulated Wetlands

The U.S. Army Corps of Engineers (“Corps”) and the U.S. Environmental Protection Agency (“EPA”) have adopted a final rule re-defining the scope of the “waters of the United States” (“WOTUS Final Rule”) subject to federal…more

Clean Water Act, Environmental Protection Agency (EPA), Final Rules, Navigable Waters, Sackett

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United States District Court Finds CDC Order Exceeds Constitutional Power Granted to Federal Government

In a February 25, 2021 decision, U.S. District Judge J. Campbell Barker found that the nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (“CDC”) exceeds the scope of its constitutional…more

Centers for Disease Control and Prevention (CDC), Commerce Clause, Coronavirus/COVID-19, Eviction, Executive Orders

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Check in with the Health of Your Business Each Year

You schedule annual car inspections, physicals, and meetings with your accountant. But have you considered the importance of a yearly check-up for the health and well-being of your business? Connecting with your corporate…more

Acquisitions, Business Plans, Business Taxes, Capital Investments, Contract Terms

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A Balanced Approach: 10 Key Strategies to Minimize Bad Debt and Avoid Involuntary Terminations in Senior Living Communities

Senior living communities operate in a highly regulated and financially demanding environment, requiring operators to maintain fiscal stability while delivering exceptional care. As the senior population grows, providers face…more

Compliance, Debt Collection, Due Diligence, Elder Issues, Health Care Providers

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NY’s Appellate Division Faces Novel Issue Regarding Interpreter Bias and Relation to a Party

New York’s Appellate Division, Second Department faced a novel question regarding interpreter bias at depositions. Zhiwen Yang v Harmon, (2023 NY Slip Op 00893 [2d Dept 2023]) stemmed from a Queens County Supreme Court decision…more

Appeals

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What to Do When You Receive a Bankruptcy Preference Demand Letter

Your customer has filed bankruptcy, leaving a series of unpaid invoices in its wake. While unfortunate, you chalk it up to one of the many costs of doing business and move on to landing bigger and better accounts…more

Bankruptcy Preferences, Commercial Bankruptcy, Demand Letter

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Calling Out Affordable Housing Components of New York Budget Bill

A number of affordable housing components of the New York State Budget Bill are worth calling out for developers, as the moves, along with the hundreds of millions of dollars coming from the state, should spur development. In…more

Affordable Housing, Budgets, Incentives, Multi-Family Development, Multi-Family Housing

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Does Your Family-Owned Business’s Buy-Sell Agreement Restrict Transfers Of Shares By Gift?

Family-owned business shareholders often enter into buy-sell agreements that provide the terms on which an owner can or must sell his or her shares.  Such agreements usually restrict an owner’s ability to sell shares to third…more

Buy-Sell Agreements, Closely Held Businesses, Family Businesses, Stock Transfer, Stock Transfer Restrictions

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New York Lowers Statutory Interest Rate on Money Judgments for Consumer Debts Pursuant to the Fair Consumer Judgment Interest Act

For the first time since 1981, New York will lower the interest rate on money judgments based on consumer debts from nine percent (9%) per annum to two percent (2%) per annum. Governor Kathy Hochul signed the bill, S5724-A,…more

Borrowers, Coronavirus/COVID-19, Debt, Interest Rates, Lenders

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EPA Bans Ongoing Use of Chrysotile Asbestos

The U.S. Environmental Protection Agency (EPA) recently announced a final rule prohibiting the ongoing use of chrysotile asbestos. The rule, which is the first to be finalized under the 2016 amendments to the Toxic Substances…more

Asbestos, Environmental Protection Agency (EPA), Federal Bans, Final Rules, Occupational Exposure

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Five Tips for Employers During Election Season

No one would blame employers for shunning politics in today’s landscape. Vitriol and partisanship are now par for the course and could quickly lead to workplace tension or worse. But there are reasons – both legal and in the…more

Anti-Discrimination Policies, Anti-Harassment Policies, First Amendment, Free Speech, NLRA

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Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In…more

Advertising, Appeals, Corporate Counsel, Lanham Act, Likelihood of Confusion

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A Gift From New York (Without the Rider): New York's Updated Power of Attorney

Effective June 13, 2021, New York updated its Statutory Short Form Power of Attorney, with revisions that should significantly improve the experience for both practitioners and clients alike. A power of attorney is a…more

Estate Planning, Power of Attorney, Standard Forms

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New York Narrows COVID-19 Liability Protections in Health Care

The rapid spread of the COVID-19 global pandemic across New York in March brought about a dizzying set of changes, especially involving the state’s network of hospitals, nursing homes and other health care…more

Coronavirus/COVID-19, Governor Cuomo, Healthcare Facilities, Healthcare Workers, Hospitals

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GLP-1 Weight-Loss Drugs Off Shortage List; Deadlines to Stop Compounding

Glucagon-like peptide-1 agonists, a class of medications known as GLP-1s, have grown in popularity, initially for the treatment of type 2 diabetes and more recently for obesity and other labeled and off-label indications for…more

Deadlines, Drug Compounding, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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U.S. Supreme Court Limits Municipalities from Retaining Excess Value in Tax Foreclosures

On May 25, 2023, the United States Supreme Court, in Tyler v. Hennepin County, ruled it is unconstitutional for municipalities to unilaterally retain the surplus monies generated from tax lien foreclosure sales. More…more

Fifth Amendment, Foreclosure Sales, In Rem Jurisdiction, Property Owners, SCOTUS

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Navigating U.S. Border Travel During Heightened Immigration Enforcement

With increased scrutiny at U.S. borders, many foreign nationals are understandably anxious about traveling in and out of the United States. At Harris Beach Murtha, our Immigration Practice Group has seen a surge in inquiries…more

Border Searches, Customs and Border Protection, Department of Homeland Security (DHS), Enforcement, Foreign Nationals

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Legal Guide for U.S. Foreign Investments

Establishing a business in the U.S. by a foreign corporation can be a fairly smooth operation with the right guidance and support. There are steps to take in forming, operating and growing a business in the U.S. in addition to…more

Acquisitions, Business Formation, Business Taxes, Compliance, Corporate Structures

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Consumer Product Safety Commission Penalizes Peloton for Reporting and Safety Failure

On January 5, 2023, the Consumer Product Safety Commission (CPSC) reported Peloton agreed to pay a $19,065,000 civil penalty as a settlement regarding its Tread+ treadmill, approximately a year and a half after the CPSC and…more

Bodily Injury, Civil Monetary Penalty, Compliance, Consumer Product Safety Act (CPSA), Consumer Product Safety Commission (CPSC)

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Appellate Practice News: Connecticut Supreme Court Considers Schools' Duty Of Care To Students Participating In Travel Abroad Programs

Argument Recap: Munn v. The Hotchkiss School, SC 19525 - The Connecticut Supreme Court heard oral argument this term in Munn v. The Hotchkiss School to decide whether Connecticut public policy supports imposing a duty on…more

Centers for Disease Control and Prevention (CDC), CT Supreme Court, Duty of Care, Duty to Warn, International Travel

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New York to Allow Affirmations in Place of Affidavits in Civil Actions

Calling the requirement that litigants and court practitioners notarize documents burdensome, New York will now allow all involved in civil actions to submit an affirmation under penalty of perjury in lieu of an affidavit…more

Affirmative Action, New York

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Potential Impacts of the Privatization of Fannie Mae and Freddie Mac

Fannie Mae (1938) and Freddie Mac (1970) were created with the end goal of promoting homeownership across the United States. Fannie Mae and Freddie Mac, both government-sponsored entities (“GSEs”), are publicly traded and have…more

Affordable Housing, Fannie Mae, FHFA, Financial Institutions, Freddie Mac

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Another Thing To Prepare For...Covid-19's Impact on the Global Supply Chain

Covid-19’s impact on the economy is still in the early stages. You no doubt have been making plans about how to protect your workers, and how to handle the possibility of increased absenteeism among your workforce…more

AIA Construction Forms, Business Continuity Plans, Construction Industry, Contract Terms, Coronavirus/COVID-19

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First Circuit Decision Raises Bar on Anti-Kickback Statute-Premised Liability Under the False Claims Act

The United States Court of Appeals for the First Circuit recently joined the Sixth Circuit (2023) and Eighth Circuit (2022) in holding that the term “resulting from” in the Federal Anti-Kickback Statute (“AKS”) (as amended in…more

Anti-Kickback Statute, Appeals, But For Causation, Causation, Department of Justice (DOJ)

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Land Use Appeals Favor Municipalities in New York SEQRA, EDPL Decisions

Two recent rulings from the Second Department of the New York Appellate Division upheld local land-use decisions under the State Environmental Quality Review Act (SEQRA) and the State Eminent Domain Procedure Law (EDPL)…more

Declaratory Relief, Eminent Domain, NY Appellate Court, SEQRA

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Tax Highlights from the One, Big, Beautiful Bill

The highly anticipated text of the One Big Beautiful Bill Act (the “OBBB”) was released early last week. At more than 1,110 pages long, it certainly lives up to part of its name. But by Friday, multiple factions of House…more

Bonus Depreciation, Inflation Reduction Act (IRA), International Tax Issues, Opportunity Zones, Proposed Legislation

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Deadline for Filing Claims Under New York Child Victims Act is Extended

The New York Child Victims Act created a special one-year window during which adult survivors of child sexual abuse would be permitted to file civil actions related to their abuse. The Act was passed in response to repeated…more

Coronavirus/COVID-19, Filing Deadlines, Religious Institutions, Sexual Abuse, Time Extensions

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Second Court Ruling Reaffirms SAPA Violation in Denying Cannabis Licenses

Following the landmark DNP-Z, Inc. v. New York State Cannabis Control Board decision on April 14, 2025, a second New York Supreme Court case reached the same conclusion. On April 25, 2025, in Rosedale Cannabis Dispensary, LLC v…more

Administrative Procedure Act, Appeals, Cannabis Products, Government Agencies, Judicial Authority

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Retirement Accounts: Much Needed Clarity Regarding the 10-Year Rule

Americans hold a considerable percentage of their wealth in retirement accounts. Recent changes to the Internal Revenue Code (the “Code”), as well as proposed regulations, have introduced new rules altering the required minimum…more

Beneficiaries, Deferred Compensation, Internal Revenue Code (IRC), IRS, Plan Participants

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Beware of the Double Whammie!

“Double Whammie” is not a technical term, but you get the point:  when you are hit with not just one, but by two devastating blows when only one was enough to wreak havoc. Recent events have inflicted such damage on many…more

Business Closures, Business Interruption, Commercial Insurance Policies, Concurrent Causation, Coronavirus/COVID-19

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New York Legislature Compromises on Damages for Frequency of Pay Claims

The New York State Legislature has limited damages for first-time violations of New York’s pay frequency law, which requires that manual workers be paid weekly. The amendment to New York Labor Law (“NYLL”) § 198(1-a) resolves a…more

Appeals, Corporate Counsel, Damages, Employer Liability Issues, Employment Litigation

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Breaking News: OCM Enjoined from Issuing CUARD and Provisional Licenses

The Office of Cannabis Management (OCM) announced Dec. 13, 2024, that the Albany County Supreme Court issued a preliminary injunction in the case of Organic Blooms, LLC, et al. v. The New York State Cannabis Control Board, et…more

Cannabis-Related Businesses (CRBs), License Applications, Licensing Rules, Marijuana Related Businesses, Recreational Use

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New York Lawmakers Boost State’s Legal Cannabis Market

New York has approved two new state laws expected to boost the state’s legal cannabis market and help marijuana farmers and retailers. One law revives the Cannabis Growers Showcase program, which allows licensed cannabis growers…more

Agribusiness, Agricultural Land, Agricultural Sector, Cannabis Products, Cannabis-Related Businesses (CRBs)

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NY Appellate Court: Conflicting Expert Opinions Preclude Summary Judgment

New York’s intermediate appellate court, the Appellate Division, First Department, recently unanimously affirmed a Bronx County trial court decision that, when opposing parties’ experts offer conflicting affidavits, summary…more

Appellate Courts, Food Contamination, Jurisdiction, New York, Summary Judgment

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Are Spousal Lifetime Access Trusts the Right Fit for You?

Spousal Lifetime Access Trusts, or “SLATs,” may be the ideal vehicle for clients interested in pursuing wealth-transfer tax planning. A SLAT is an irrevocable trust created by one spouse for the primary benefit of the other…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Irrevocable Trusts, Spousal Lifetime Access Trust (SLAT)

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Interpreting New York State’s Blanket Toll on Statutes of Limitation Due to COVID-19

Due to the existence of a state disaster emergency as a result of transmission of COVID-19, the Governor has tolled statutes of limitations for state law causes of action from March 20, 2020 until April 19, 2020 (30 days)…more

Coronavirus/COVID-19, Executive Orders, Limitation Periods, Statute of Limitations, Tolling

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NY Attorney General Focuses on Corporate Conduct Over Past Six Months

Over the past six months, the New York Attorney General Letitia James has directed her efforts to certain issues, and there is an observable pattern that she is focusing on consumer protection, privacy rights and monopolistic…more

Antitrust Litigation, Antitrust Violations, Consumer Protection Laws, Data Breach, Enforcement Actions

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New York Makes $100 million Available for Schools Districts to Convert to Electric Buses

New York wants to be the first state in the nation with all electric school buses, and an upcoming webinar will provide school districts the opportunity to learn more about Gov. Kathy Hochul’s plan and how to access some of the…more

Electric Vehicles, Infrastructure, New York, School Districts

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SEC’s First Quarter Rules: SPAC IPOs and Climate Disclosure Mandates

In January and March 2024, respectively, the Securities and Exchange Commission (SEC) issued final rules concerning special purpose acquisition companies and mandatory climate-related disclosure. Each rulemaking was the…more

Acquisitions, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Initial Public Offering (IPO)

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Will COVID-19 Qualify as a ‘Material Adverse Effect’?

The pandemic and associated lockdown orders changed economic projections virtually overnight. As a result, organizations which were under contract at the onset of COVID-19 – e.g., to merge with or acquire another entity or…more

Acquisitions, Contract Disputes, Contract Interpretation, Contract Termination, Contract Terms

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SEC Examination Priorities for 2024

The United States Securities and Exchange Commission’s Division of Examinations announced its examination priorities for fiscal year 2024 on October 16, 2023. The timing of the announcement is significant because it is the first…more

Broker-Dealer, Clearing Agencies, Environmental Social & Governance (ESG), Fiduciary Duty, Investigations

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Massachusetts Proposes Regulations for Marijuana Social Consumption Sites

Massachusetts is making tactical moves to position itself as an East Coast leader in the cannabis industry with the introduction of social consumption regulatory reforms. The state’s cannabis industry has achieved major…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana, Marijuana Related Businesses

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Treble Economic Damages Now Available Under RICO Act in Personal Injury Cases

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also…more

Business Litigation, Economic Damages, False Advertising, Litigation Strategies, Lost Wages

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U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy

On February 22, 2023, in Bartenwerfer v. Buckley, 598 U.S. __ (2023), the U.S. Supreme Court ruled that a debtor who is liable for her partner’s fraud cannot discharge that debt in bankruptcy, regardless of her own culpability. …more

Bankruptcy Code, Bankruptcy Court, Bartenwerfer v Buckley, Chapter 7, Dischargeable Debts

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IDA Legislative Update – New Laws Affecting Industrial Development Agencies and Authorities Adopted

New York Governor Kathy Hochul recently signed three bills into law that impact administration and operation of New York’s industrial development agencies and authorities (“IDAs”). The new laws are intended to, and will,…more

Industrial Development Agencies (IDAs), Jurisdiction, Property Tax, State Taxes

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[Webinar] President Trump’s First 100 Days – Labor and Employment Law Implications - April 3rd, 8:00 am - 10:00 am EST

The Labor and Employment Team at Harris Beach Murtha invites you to join us for discussion of critical labor and employment law developments. Our first session will cover President Trump’s First 100 Days – Labor and Employment…more

Continuing Legal Education, Diversity and Inclusion Standards (D&I), Employment Policies, Equal Employment Opportunity Commission (EEOC), Executive Orders

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SCOTUS Rejects Heightened Standard for Title VII Majority Group

In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264, (U.S. June 5, 2025), the U.S. Supreme Court unanimously held that majority group plaintiffs (in this instance, a heterosexual plaintiff) do not need to meet a…more

Adverse Employment Action, Affirmative Action, Appeals, Employment Discrimination, Employment Litigation

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Extension of the Subchapter V Aggregate Debt Limit Under the Bankruptcy Threshold Adjustment and Technical Corrections Act

On June 21, 2022, President Biden signed into law the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Corrections Act”), which, in pertinent part, extends for two more years until June 2024, the $7,500,000.00…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Relief Measures

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IRS Issues Proposed Regulations and Guidance on Opportunity Zones

On October 19, the IRS and Treasury Department issued long-awaited proposed regulations, Revenue Ruling 2018-29 (the “Revenue Ruling”), and draft forms regarding the Opportunity Zone program to encourage private investment in…more

Capital Gains, Community Development, Internal Revenue Code (IRC), Investment Funds, IRS

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New York Commissioner of Education Reminds School Districts that Tenure Appointments, Seniority Lists and Resolutions Making Appointments Must be Legally Compliant

Teacher tenure areas and seniority rights of certified employees are governed by state law and regulation. A recent Commissioner of Education decision provides a good reminder of the obligation to follow these requirements…more

Appeals, New York, Seniority, Tenure

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Treble Economic Damages Now Available Under RICO Act in Personal Injury Cases

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also…more

Business Litigation, Economic Damages, False Advertising, Litigation Strategies, Lost Wages

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S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing

The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive (“Colgate”),…more

Breach of Warranty, Cause of Action Accrual, Class Action, Consumer Fraud, Contamination

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Conrad 30 State Waiver for Physicians: Extenuating Circumstances Transfer

The Conrad 30 State Waiver Program is designed for international medical graduates (IMGs) who have entered the U.S. in a J-1 visa status to complete medical training and are subject to the two-year home residence requirement…more

H-1B, Immigration and Nationality Act, International Medical Graduate (IMG), J-1 Visas, Physicians

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Top 10 Special Education Issues for the 2023-24 School Year

Harris Beach has a team of four attorneys paying close attention to issues and news in the special education arena. Based on their knowledge of the field, they have assembled a list of issues for school districts, special…more

Labor Shortage, Mental Health, Remote Learning, Special Education, Teachers

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New York Court Rules to Affect Medical Malpractice Motions

Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from the Commercial Division to other civil courts, including Supreme Court, the jurisdiction…more

Administrative Orders, Depositions, Discovery, Good Faith, Medical Malpractice

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Lead Exposure Cases Expected to Increase as New York City Tightens Policy for Monitoring Public Housing

New York courts will likely see a spike in cases alleging lead exposure among children in public housing controlled by the New York City Housing Authority (NYCHA). This anticipated spike can be attributed to a recent change in…more

Administrative Resignation, Department of Health and Human Services (HHS), False Reporting, Government Investigations, Governor Cuomo

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Biden Department of Justice Implements New Corporate Voluntary Self-Disclosure Policy for Criminal Investigations

United States Attorney’s Offices across the country have announced the implementation of a new Voluntary Self-Disclosure Policy to standardize how voluntary self-disclosure (VSD) of misconduct is defined and credited by USAOs…more

Biden Administration, Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ)

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Cannabis Real Estate: Gating Issues in Retail Dispensary Site Selection

New York State legalized the use, sale, and production of recreational cannabis on March 31, 2021, by way of the Marijuana Regulation and Taxation Act (MRTA). As of May 2025, New York State has issued more than 1,600 licenses…more

Commercial Leases, Commercial Real Estate Market, Landlords, Marijuana, Municipalities

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A Question of Liability for Emergency Responders and Municipalities

As another State legislative cycle begins in 2018, there is a municipal liability issue that deserves attention regarding the liability protections extended under New York law to emergency vehicle operators. When a vehicular…more

Appeals, Car Accident, Emergency Response, Governmental Liability, Motion to Dismiss

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Massachusetts Supreme Judicial Court Reaffirms Commercial Landlord's Enforcement of Liquidated Damages Clause

On September 25, 2023, the Massachusetts Supreme Judicial Court (SJC) issued its decision in Cummings Properties, LLC v. Hines, reversing the decision of the Appeals Court and holding that a liquidated damages clause in a…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Liquidated Damages

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IDA Legislative Update – New Laws Affecting Industrial Development Agencies and Authorities Adopted

New York Governor Kathy Hochul recently signed three bills into law that impact administration and operation of New York’s industrial development agencies and authorities (“IDAs”). The new laws are intended to, and will,…more

Industrial Development Agencies (IDAs), Jurisdiction, Property Tax, State Taxes

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‘Shields Up’ on Cybersecurity in Wake of Ukraine Conflict

Fears of cybersecurity attacks are mounting in the wake of the Russian invasion of Ukraine. From the war itself, a number of malware variants have been created and are circulating on the internet…more

Cyber Attacks, Cybersecurity, Data Privacy, Homeland Security Cybersecurity & Infrastructure Security Agency (CISA), Malware

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New York Court Rules to Affect Medical Malpractice Motions

Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from the Commercial Division to other civil courts, including Supreme Court, the jurisdiction…more

Administrative Orders, Depositions, Discovery, Good Faith, Medical Malpractice

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Massachusetts Proposes Regulations for Marijuana Social Consumption Sites

Massachusetts is making tactical moves to position itself as an East Coast leader in the cannabis industry with the introduction of social consumption regulatory reforms. The state’s cannabis industry has achieved major…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana, Marijuana Related Businesses

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Extensive Rule Changes to Joint Local Civil Rules in S.D.N.Y. and E.D.N.Y

Effective July 1, 2024, the United States District Court for the Southern and Eastern Districts of New York will impose a series of changes to their joint local rules. These changes mark the culmination “of a multi-year effort…more

Amended Rules, Default Judgment, Depositions, Federal Rules of Civil Procedure, Motion for Summary Judgment

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U.S. Reaches False Claims Act Settlement After Cardiologist Pays Millions in Kickbacks for Referrals

On September 18th, the U.S. Attorney’s Office for the Southern District of New York (includes Manhattan and the Bronx) announced a settlement with a cardiologist, Klaus Peter Rentrop (“Rentrop”), and his medical practice…more

False Claims Act (FCA), Kickbacks, Medicaid, Medicare, Patient Referrals

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Hauser v. Fort Hudson Nursing Ctr., Inc.: Expanding Plaintiff’s Right to Damages

The Appellate Division of the Third Department issued its decision in Hauser v. Fort Hudson Nursing Ctr., holding that the damages available to plaintiffs in cases asserting a private right of action against residential health…more

Appeals, Damages, Public Health

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New York State Commission on Ethics and Lobbying in Government Declared Unconstitutional

The New York State Supreme Court has held the New York State Commission on Ethics and Lobbying in Government (the “commission”) is unconstitutional in violation of the separation of powers. The ruling comes in Cuomo v. New York…more

Constitutional Challenges, Coronavirus/COVID-19, Ethical Standards, Ethics, Governor Cuomo

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U.S. Supreme Court Rules on Public Officials and Social Media

Public officials should proceed with caution when using social media. The United States Supreme Court, in a recent unanimous decision, articulated a two-part test to determine when a public official’s social media account could…more

First Amendment, Government Officials, Lindke v Freed, Online Commentary, Personal Use

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Lender Considerations in Deed-in-Lieu Transactions

When a commercial mortgage lender sets out to enforce a mortgage loan following a borrower default, a key goal is to identify the most expeditious manner in which the lender can obtain control and possession of the underlying…more

Bankruptcy Code, Borrowers, Commercial Mortgages, Debt Restructuring, Deed-in-Lieu of Foreclosure

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The Effects of the 2022 Ozone Reclassification on Permitting Requirements

Facilities with air emitting sources may suddenly find themselves subject to stringent air emissions standards and permitting requirements despite not making any changes in equipment or operations. Beginning November 7, 2022,…more

Air Pollution, Air Quality Standards, Environmental Protection Agency (EPA), New Rules, Ozone

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Important Considerations for U.S. Companies Employing Workers Abroad

U.S. immigration law recently has resembled a minefield, with potential risks and obstacles popping up nearly every week. Both employers and employees have been struggling to navigate these new rules and find ways to obtain and…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), H-1B, H-2B, J-1 Visas

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New York Delays Separating Consent to Treat and Consent to Pay for Health Care

The New York State Department of Health is holding off implementation of a legal provision separating patient consent for treatment and patient consent for payment after receiving concerns from the medical community that the…more

Consent, Credit Cards, Healthcare

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CFPB’s Circular 2024-05: Overdraft Services and Their Place in Regulation E’s Opt-In Regime

The Consumer Financial Protection Bureau (CFPB) recently issued Circular 2024-05 (Circular). The CFPB considered whether financial institutions could violate the law by charging fees for providing overdraft services without…more

Consumer Financial Protection Bureau (CFPB), EFTA, Enforcement, Financial Institutions, Notice Requirements

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Is a “Blanket L” Petition Right for your Company?

Employers with overseas offices rely on the L-1 visa to bring their international “executive” and “managerial” leadership, as well as their “specialized knowledge” staff, to work in the United States. The L-1 visa offers a…more

Employment Authorization Documents (EAD), Fees, H-1B, Immigration Procedures, L-1 Visas

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Massachusetts Proposes Regulations for Marijuana Social Consumption Sites

Massachusetts is making tactical moves to position itself as an East Coast leader in the cannabis industry with the introduction of social consumption regulatory reforms. The state’s cannabis industry has achieved major…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana, Marijuana Related Businesses

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New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks posed…more

Appellate Courts, Duty to Warn, Health Care Providers, Liability, Manufacturer Liability

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Assessors Must Use Uniform Assessment Model for Solar and Wind Facilities in Upcoming Tax Year

On May 30, 2025, the Third Department confirmed an automatic stay of the Albany Court Supreme Court’s decision in Airey v State, making it clear assessors are required to utilize the state-wide uniform assessment model for solar…more

Appeals, Constitutional Challenges, Energy Projects, New York, Property Tax

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Changes to New York APPR and Tenure Provisions Continue for the 2020-2021 School Year

On June 7, a law was enacted continuing the changes made to the tenure and the APPR performance review process for teachers and principals enacted during the early stages of COVID-19 pandemic period. School districts should take…more

Coronavirus/COVID-19, Governor Cuomo, New York, Performance Reviews, School Principal

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New Lobbying Rules Coming to New York

New rules require filings to be signed by an authorized and legally responsible person. Mandatory ethics training for key personnel and lobbyists…more

Ethics, Late Fees, Lobbying, New Rules, New York

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Meeting the Changing Needs of Clients: Why We Started a SaaS Company

Technology provides law firms with enormous opportunities to improve client service – in part, by streamlining and automating labor-intensive tasks in a way that frees attorneys to focus on a client’s most-pressing challenges…more

Client Services, Cybersecurity, Data Privacy, Law Practice Management, SaaS

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Court Rejects IDR Rules in No Surprises Act Case

Out-of-network health providers recently won a huge legal victory when the Fifth Circuit Court ruled that federal guidelines regarding Independent Dispute Resolution (“IDR”) proceedings were unlawfully slanted in favor of health…more

Billing, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance, Healthcare

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First Circuit Decision Raises Bar on Anti-Kickback Statute-Premised Liability Under the False Claims Act

The United States Court of Appeals for the First Circuit recently joined the Sixth Circuit (2023) and Eighth Circuit (2022) in holding that the term “resulting from” in the Federal Anti-Kickback Statute (“AKS”) (as amended in…more

Anti-Kickback Statute, Appeals, But For Causation, Causation, Department of Justice (DOJ)

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What to Do When You Receive a Bankruptcy Preference Demand Letter

Your customer has filed bankruptcy, leaving a series of unpaid invoices in its wake. While unfortunate, you chalk it up to one of the many costs of doing business and move on to landing bigger and better accounts…more

Bankruptcy Preferences, Commercial Bankruptcy, Demand Letter

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New York Implements Automatic Renewal and Continuous Service Law for Contracts for Goods and Services

New York recently became the latest state to enact strict laws regarding the provision of automatic renewal and continuous service clauses in paid subscription or purchasing agreements with consumers (N.Y. Gen. Bus. Law §§ 527…more

Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts, Goods or Services

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NY Ethics and Lobbying Commission Adopts Emergency Lobbying Rules

New York’s Commission on Ethics and Lobbying in Government (“the Commission”) announced the following adopted emergency rules on June 4, 2025: (i) the Commission adopted an emergency amendment of Part 943 of Title 19 NYCRR to…more

Ethics, Filing Requirements, Government Agencies, Lobbying, New York

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Deadline for Filing Claims Under New York Child Victims Act is Extended

The New York Child Victims Act created a special one-year window during which adult survivors of child sexual abuse would be permitted to file civil actions related to their abuse. The Act was passed in response to repeated…more

Coronavirus/COVID-19, Filing Deadlines, Religious Institutions, Sexual Abuse, Time Extensions

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Supreme Court Ruling on EPA Water Permits

The United States Supreme Court has issued a significant ruling in the case of San Francisco v. EPA, directing the Environmental Protection Agency (EPA) to retool its wastewater permitting process under the Clean Water Act. The…more

City and County of San Francisco v Environmental Protection Agency, Clean Water Act, Enforcement Actions, Environmental Protection Agency (EPA), Permits

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New York Court Precludes Plaintiff’s Expert Causation Opinion After Frye Hearing

Recent outcomes in New York state underscore the need for defendants to challenge plaintiff’s novel causation theories and pursue a Frye hearing when applicable, particularly in the medical malpractice context when plaintiffs…more

Causation, Expert Testimony, Medical Malpractice

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Beware of the Double Whammie!

“Double Whammie” is not a technical term, but you get the point:  when you are hit with not just one, but by two devastating blows when only one was enough to wreak havoc. Recent events have inflicted such damage on many…more

Business Closures, Business Interruption, Commercial Insurance Policies, Concurrent Causation, Coronavirus/COVID-19

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Health Care Industry: The Fiscal New Normal?

The onset of the COVID-19 pandemic has placed an obvious strain on the U.S. health care system, and not just in the area of patient care. The crisis has created enormous financial challenges for providers of all types and sizes,…more

CARES Act, Chapter 11, Coronavirus/COVID-19, Health Care Providers, Healthcare

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Marijuana Legalized in Connecticut

On June 22, 2021, Governor Ned Lamont signed into law legislation that legalizes and regulates the adult-use of cannabis in Connecticut. The key components of the bill include the following... …more

Decriminalization of Marijuana, Governor Lamont, Marijuana Cultivation, Medical Marijuana, New Legislation

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New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks posed…more

Appellate Courts, Duty to Warn, Health Care Providers, Liability, Manufacturer Liability

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"Sellers" Beware: Online Marketplaces Could See Increased Liability for Allegedly Defective Products

The U.S. Court of Appeals for the Third Circuit recently issued a decision that could change the liability landscape for online marketplaces such as Amazon…more

Amazon, Appeals, Internet Retailers, Online Marketplace, Product Defects

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Cannabis on a Craft Scale: “Microbusiness” License Opens Pathways to Growing Industry

You likely have heard of a craft brewery before. But what about a craft business for cannabis and cannabis products? Enter the “microbusiness”: a unique opportunity for those without access to significant capital to enter New…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Licenses, Marijuana Cultivation, Recreational Use

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IRS Issues Proposed Regulations and Guidance on Opportunity Zones

On October 19, the IRS and Treasury Department issued long-awaited proposed regulations, Revenue Ruling 2018-29 (the “Revenue Ruling”), and draft forms regarding the Opportunity Zone program to encourage private investment in…more

Capital Gains, Community Development, Internal Revenue Code (IRC), Investment Funds, IRS

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FinCEN Resets the Corporate Transparent Act’s BOI Deadline to March 21

Due to the February 17, 2025, decision by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Tex.), the prior enjoinment of the Corporate…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Filing Deadlines

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New Legislation Restricts Governor Cuomo's Emergency Pandemic Powers

On March 7, 2020, New York State Governor Andrew Cuomo issued Executive Order No. 202, declaring a statewide disaster emergency in response to the Covid-19 pandemic. This Executive Order followed just a few days after…more

Coronavirus/COVID-19, Emergency Powers, Executive Orders, Governor Cuomo, New Legislation

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Uber’s Process for Obtaining Consent to Arbitration Upheld in NY Court

Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York Court of Appeals recently held in Wu v Uber Technologies, Inc. that the email notification and…more

Affirmative Defenses, Appeals, Arbitration, Arbitration Agreements, Bodily Injury

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[Webinar] 2022 Annual Labor & Employment Update - December 9th, 9:00 am - 4:10 pm ET

On December 9, our Labor and Employment Group will present its annual full-day webinar on updates and developments in labor and employment law. Topics to be discussed include state legislative updates, conduct and behavior…more

Age Discrimination, Americans with Disabilities Act (ADA), Employee Benefits, Employer Liability Issues, Employment Policies

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Amazon’s New Compliance Requirements for Dietary Supplement Listings to Ensure Greater Transparency and Quality for Consumers

As one of the largest channels facilitating the purchase and sale of dietary supplements, Amazon has often faced criticism for its lack of oversight and failure to take action to restrict the sale of supplements on its platform…more

Amazon, Dietary Supplements, Food and Drug Administration (FDA), Labeling, Transparency

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CFPB’s Circular 2024-05: Overdraft Services and Their Place in Regulation E’s Opt-In Regime

The Consumer Financial Protection Bureau (CFPB) recently issued Circular 2024-05 (Circular). The CFPB considered whether financial institutions could violate the law by charging fees for providing overdraft services without…more

Consumer Financial Protection Bureau (CFPB), EFTA, Enforcement, Financial Institutions, Notice Requirements

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Recent NYSED Decision Underscores Need for School Districts to Protect Data Privacy

School districts must consider the sanctity and privacy of data they maintain, as a recent decision underscores from the New York State Education Department’s Office of the Chief Privacy Officer. This alert explains the recent…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Disclosure Requirements

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SCOTUS Rejects Heightened Standard for Title VII Majority Group

In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264, (U.S. June 5, 2025), the U.S. Supreme Court unanimously held that majority group plaintiffs (in this instance, a heterosexual plaintiff) do not need to meet a…more

Adverse Employment Action, Affirmative Action, Appeals, Employment Discrimination, Employment Litigation

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Supreme Court Ruling on EPA Water Permits

The United States Supreme Court has issued a significant ruling in the case of San Francisco v. EPA, directing the Environmental Protection Agency (EPA) to retool its wastewater permitting process under the Clean Water Act. The…more

City and County of San Francisco v Environmental Protection Agency, Clean Water Act, Enforcement Actions, Environmental Protection Agency (EPA), Permits

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EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health

The United States Environmental Protection Agency (EPA) announced final revised risk determinations for two chemicals, perchloroethylene (perc) and trichloroethylene (TCE). After revisiting its prior risk determinations, EPA has…more

Chemicals, Environmental Protection Agency (EPA), OSHA, Risk Assessment, Risk Management

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Deadline for Filing Claims Under New York Child Victims Act is Extended

The New York Child Victims Act created a special one-year window during which adult survivors of child sexual abuse would be permitted to file civil actions related to their abuse. The Act was passed in response to repeated…more

Coronavirus/COVID-19, Filing Deadlines, Religious Institutions, Sexual Abuse, Time Extensions

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New CPLR Provision Expands "Speaking Authority" Relaxing Standard for Admissibility of Hearsay Statements by Employees

New York Governor Kathy Hochul signed into law an amendment to the CPLR that expands the admissibility of statements made by a party’s agent or employee. This new CPLR provision will now significantly expand the “speaking agent”…more

Admissibility, CPLR, Employee Training

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State Approves New Financial Assistance Program for Organizations Hurt by COVID-19 Outbreak

On June 17, 2020, Governor Andrew Cuomo signed into law Chapter 109 of the Laws of 2020, the latest piece of legislation aimed at alleviating the economic damage that both small businesses and not-for-profit corporations have…more

Coronavirus/COVID-19, Financial Assistance Policies, Governor Cuomo, Grants, Nonprofits

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Fourth Department Rejects Argument Covid-19 Immunity Repeal Should Be Retroactive

On October 7, 2022, New York’s Appellate Division, Fourth Department issued its critical decision in Antonella Ruth v. Elderwood at Amherst, et al., CA 22-00069 regarding whether the repeal of the Emergency or Disaster Treatment…more

Appeals, Civil Liability, Coronavirus/COVID-19, Health Care Providers, Immunity

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Civil Rights Law 50-a Repealed; Police Disciplinary Records Now Public Through FOIL

Municipalities in New York State should be ready to respond to an increased amount of Freedom of Information Law (“FOIL”) requests as a result of a bill just passed in both houses of the New York State Legislature and signed by…more

Civil Rights Act, Disciplinary Proceedings, Freedom of Information, Police Misconduct

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Top 10 Special Education Issues for the 2023-24 School Year

Harris Beach has a team of four attorneys paying close attention to issues and news in the special education arena. Based on their knowledge of the field, they have assembled a list of issues for school districts, special…more

Labor Shortage, Mental Health, Remote Learning, Special Education, Teachers

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Connecticut and Federal Estate Taxes Sing in Harmony

For the past decade, the federal unified transfer tax system has provided an amount that anyone can pass either by gift or at death to persons other than a spouse free of tax. This amount is called the “applicable exclusion…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Planning

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Potential Impacts of the Privatization of Fannie Mae and Freddie Mac

Fannie Mae (1938) and Freddie Mac (1970) were created with the end goal of promoting homeownership across the United States. Fannie Mae and Freddie Mac, both government-sponsored entities (“GSEs”), are publicly traded and have…more

Affordable Housing, Fannie Mae, FHFA, Financial Institutions, Freddie Mac

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New York State Announces Consolidated Funding Awards

The Central, Mohawk Valley, Southern Tier, Capital, and Long Island Regions are the five “top performers” announced last week as part of the 2019 Regional Economic Development Council Round IX Consolidated Funding Awards. …more

Community Development, Economic Development, Funding, Job Creation, State and Local Government

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Rule Would Subject More Real Estate Transactions to Review

On July 8, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking that would expand the geographical areas in which real estate transactions would be subject to Committee on Foreign Investment in the…more

CFIUS, Foreign Investment, Jurisdiction, Notice of Proposed Rulemaking (NOPR), Proposed Rules

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Potential Impacts of the Privatization of Fannie Mae and Freddie Mac

Fannie Mae (1938) and Freddie Mac (1970) were created with the end goal of promoting homeownership across the United States. Fannie Mae and Freddie Mac, both government-sponsored entities (“GSEs”), are publicly traded and have…more

Affordable Housing, Fannie Mae, FHFA, Financial Institutions, Freddie Mac

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New York Emergency Rental Assistance Program Provides Relief for Tenants, Landlords

On June 1, 2021, New York State began accepting applications for the Emergency Rental Assistance Program (ERAP), the newest state economic relief program developed to help income-eligible households with assistance for rental…more

Coronavirus/COVID-19, Landlords, New York, Relief Measures, Rental Assistance Programs

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Federal Judge Issues Restraining Order Halting Federal Spending Freeze

On Jan. 31, 2025, a federal district court in Rhode Island entered a temporary restraining order (“TRO”) prohibiting all federal agencies from pausing, canceling or terminating any awards or obligations as directed by an Office…more

Compliance, Executive Orders, Federal Contractors, Federal Funding, Government Agencies

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Supreme Court Ruling on EPA Water Permits

The United States Supreme Court has issued a significant ruling in the case of San Francisco v. EPA, directing the Environmental Protection Agency (EPA) to retool its wastewater permitting process under the Clean Water Act. The…more

City and County of San Francisco v Environmental Protection Agency, Clean Water Act, Enforcement Actions, Environmental Protection Agency (EPA), Permits

See all updates »

New York Increases Submetering Compliance Requirements

New York has amended the Public Service Law (PSL), and submeterers soon will need to comply with four additional requirements, three of which take effect on January 1, 2024. Electricity usage in multi-unit residential…more

Billing, Compliance, Electricity, Multi-Family Housing, Net-Energy Metering

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Second Circuit weighs in on discovery "for use" in foreign litigation

Section 1782 of Title 28 of the United States Code permits a federal district court, “upon the application of any interested person,” to order a person within its jurisdiction “to produce a document or other thing for use in a…more

Appeals, France, Jurisdiction, Purchase Agreement, Tribunals

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Connecticut’s Data Privacy Law Takes Effect July 1

Last year, Connecticut became the fifth state to enact comprehensive legislation with respect to consumer privacy. The Connecticut Data Privacy Act (“DPA”) becomes effective on July 1st and applies to businesses that..…more

Consumer Privacy Rights, Data Privacy, Effective Date, Gramm-Leach-Blilely Act, Health Insurance Portability and Accountability Act (HIPAA)

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Trusts and Estates Group News: The Preservation of Family Business Wealth

It is often the case that a business owner has a significant portion of the family’s wealth invested in the business. It is often the intention of the owner to transfer that wealth to his or her children…more

Estate Planning, Family Businesses, Gift Tax, IRS, Transfer of Assets

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Fiscal Respite: Providing Municipalities and School Districts with Breathing Room from COVID-19 Revenue Shortfalls

As is readily apparent to all of us in New York state, across the country and around the world, the shutdown of public and private sector economic activity due to the COVID-19 pandemic has resulted in a collapse in consumer and…more

Coronavirus/COVID-19, Healthcare, Layoffs, Personal Protective Equipment, Temporary Layoffs

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U.S. Supreme Court Limits Municipalities from Retaining Excess Value in Tax Foreclosures

On May 25, 2023, the United States Supreme Court, in Tyler v. Hennepin County, ruled it is unconstitutional for municipalities to unilaterally retain the surplus monies generated from tax lien foreclosure sales. More…more

Fifth Amendment, Foreclosure Sales, In Rem Jurisdiction, Property Owners, SCOTUS

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HR Documents Provide Compliance Safeguard in Line with Approaching GDPR

As employers continue to prepare for compliance with respect to the European Union’s (“EU”) new overarching data privacy law, the General Data Protection Regulation 2016/679 (“GDPR”), employers are reminded to take necessary…more

Consent, Data Protection, Employee Handbooks, Employer Liability Issues, EU

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New York Issues Guidance on Prenatal Leave Law

As expected, New York’s Department of Labor (DOL) has issued FAQ guidance for employers on the state’s new Paid Prenatal Leave Law, which goes into effect on Jan. 1, 2025. While the guidance answers some questions, others remain…more

Confidential Information, Employment Policies, Healthcare, Medical Records, New Guidance

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Massachusetts Tax Relief Becomes Law

Today, October 4, 2023, Governor Healey signed into law major tax legislation that includes estate tax relief, closing a loophole around the newly implemented millionaire’s tax, short-term capital gains tax cuts and more. Here…more

Capital Gains, Estate Planning, New Legislation, Property Tax, Sales Tax

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Two New Immigration Initiatives Aim to Ease Application Processes

President Biden recently announced a pair of new immigration initiatives, including a new process to significantly ease the burden of obtaining lawful permanent resident status (i.e. a “green card”) for certain spouses and…more

Applications, DACA, Department of Homeland Security (DHS), Green Cards, Immigration

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Extreme Risk Protection Order (ERPO): New York State Municipal Police Training Council Issues Model Policy

In December 2022, the New York State Division of Criminal Justice Services issued its Extreme Risk Protection Order Model Policy, providing guidance to county, town, city and village law enforcement agencies on New York’s…more

Employee Training, New York, NY Supreme Court, Police

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Hauser v. Fort Hudson Nursing Ctr., Inc.: Expanding Plaintiff’s Right to Damages

The Appellate Division of the Third Department issued its decision in Hauser v. Fort Hudson Nursing Ctr., holding that the damages available to plaintiffs in cases asserting a private right of action against residential health…more

Appeals, Damages, Public Health

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Court Ruling on Design Patents Could Have Huge Impact

A recent Federal Circuit decision overturning the long-standing obviousness test for design patents could have wide-ranging implications for design patent owners. The en banc decision in LKQ Corp. et al v. GM Global…more

Design Patent, En Banc Review, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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New York IDAs Now Required to Consider Onsite Child Care in Project Review

New York Gov. Kathy Hochul recently approved legislation requiring industrial development agencies (IDAs) to consider the extent to which a project provides onsite child care facilities as a criteria in their Uniform Tax…more

Child Care, Industrial Development Agencies (IDAs), New Legislation, New York

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Petition Highlights Problem of Third-Party Litigation Funding

Litigation is expensive. Litigants may turn to third-party funding for support. Such litigation financing can raise ethical concerns and has been criticized for exploiting litigants (personal injury plaintiffs in particular) and…more

Fraud, Litigation Funding, New York, State Labor Laws, Whistleblowers

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Turns Out, You Can't Take It With You

The Coronavirus Aid Relief and Economic Security Act (CARES Act) included economic impact payments (also sometimes referred to as “stimulus payments”) for qualifying individuals of up to $1,200 per person. The payment is…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, IRS, Paycheck Protection Program (PPP)

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New Procedures for Challenging Trademark Registrations at the U.S. Patent and Trademark Office

On December 18, two new procedures will be available for challenging U.S. trademark registrations. On that date, new regulations from the U.S. Patent and Trademark Office (USPTO) will take effect, as part of the USPTO’s…more

Ex Parte, Inter Partes Review (IPR) Proceeding, Trademark Registration, Trademark Trial and Appeal Board, Trademarks

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Plastic Bag Ban in New York State May Have Unexpected Impact on Retailers, Consumers

In an effort to reduce waste and plastic pollution, Governor Andrew Cuomo has signed legislation banning single-use carryout plastic bags in New York state. However, the initiative may prove poorly timed, given the state of…more

Coronavirus/COVID-19, Department of Environmental Conservation, Governor Cuomo, Health and Safety, Infectious Diseases

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Syndicated Loans are Not Securities

The U.S. Supreme Court declined to hear an appeal of the Second Circuit Court of Appeals’ ruling in Kirschner v. JP Morgan Chase Bank. Last August, the Second Circuit Court of Appeals held in Kirschner that syndicated term loans…more

Bank Loan Markets, Banks, Capital Markets, Financial Services Industry, JPMorgan Chase

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New York Increases Submetering Compliance Requirements

New York has amended the Public Service Law (PSL), and submeterers soon will need to comply with four additional requirements, three of which take effect on January 1, 2024. Electricity usage in multi-unit residential…more

Billing, Compliance, Electricity, Multi-Family Housing, Net-Energy Metering

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CARES Act Assistance for Municipalities

The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) became law on March 27, 2020. The CARES Act authorizes the provision of debt guarantees, direct loans as well as the direct purchase by the Federal Reserve of…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Municipalities, Relief Measures

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Fourth Department Applies Special Duty Rule to Child Victim Act Case

In Weisbrod-Moore v. Cayuga County, on May 5, 2023, the Appellate Division, Fourth Department, reversed the trial court’s denial of the county’s pre-answer motion to dismiss an action brought pursuant to the Child Victims Act…more

Appeals, Child Abuse, Foster Children, Motion to Dismiss, Reversal

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New York Rules Transfers of Parking and Storage Space Licenses are Subject to Transfer Tax

A recent private letter ruling published by the NYS Department of Taxation & Finance (the “Tax Department”) has opined that the conveyance of a license agreement for a parking space and storage space, in conjunction with the…more

Condominiums, Licenses, New York, Property Transaction Taxes, Transfer Taxes

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New York State Health Department Extends Vaccine Mandate to Include Booster

On January 11, 2022, the State’s Public Health and Health Planning Council approved an amendment to the Health Department’s hospital facility vaccine mandate to require health care employees, to be considered “fully vaccinated”…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Mandates, New York, State Health Departments

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Treble Economic Damages Now Available Under RICO Act in Personal Injury Cases

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also…more

Business Litigation, Economic Damages, False Advertising, Litigation Strategies, Lost Wages

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New York Legislature Compromises on Damages for Frequency of Pay Claims

The New York State Legislature has limited damages for first-time violations of New York’s pay frequency law, which requires that manual workers be paid weekly. The amendment to New York Labor Law (“NYLL”) § 198(1-a) resolves a…more

Appeals, Corporate Counsel, Damages, Employer Liability Issues, Employment Litigation

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Texas Passes Comprehensive AI Legislation

Texas has become one of the first U.S. states to enact comprehensive legislation governing artificial intelligence with the passage of the Texas Responsible Artificial Intelligence Governance Act (TRAIGA)…more

Algorithms, Artificial Intelligence, Compliance, Government Agencies, New Legislation

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Public Hearings Set for Changes to New York’s Freshwater Wetlands Act

Public hearing dates have been set to discuss the January 1, 2025, rule changes affecting freshwater wetlands jurisdiction and classification in New York. The hearings will be held virtually on WebEx at 1:00 p.m. and 6:00…more

Conservation, Jurisdiction, New York, Public Hearing, Wetlands

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Cannabis Real Estate: Gating Issues in Retail Dispensary Site Selection

New York State legalized the use, sale, and production of recreational cannabis on March 31, 2021, by way of the Marijuana Regulation and Taxation Act (MRTA). As of May 2025, New York State has issued more than 1,600 licenses…more

Commercial Leases, Commercial Real Estate Market, Landlords, Marijuana, Municipalities

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Retirement Accounts: Much Needed Clarity Regarding the 10-Year Rule

Americans hold a considerable percentage of their wealth in retirement accounts. Recent changes to the Internal Revenue Code (the “Code”), as well as proposed regulations, have introduced new rules altering the required minimum…more

Beneficiaries, Deferred Compensation, Internal Revenue Code (IRC), IRS, Plan Participants

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Temporary Bank Forbearance on Loans Due to COVID-19 Hardships

On March 21, 2020, New York Gov. Andrew Cuomo issued New York Executive Order 202.9, “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency" (the “Executive Order.”) The Executive Order…more

Banking Sector, Banks, Borrowers, Consumer Lenders, Coronavirus/COVID-19

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New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks posed…more

Appellate Courts, Duty to Warn, Health Care Providers, Liability, Manufacturer Liability

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Real Estate May be the Next Barrier to New York’s Adult-Use Cannabis Market

Despite the approval of 109 new adult-use business licenses Feb. 16, New York’s legal cannabis program continues to face criticism, including backlash that the requirement retailers be 1,000 feet apart is a barrier, especially…more

Appeals, Cannabis-Related Businesses (CRBs), City of New York, Real Estate Market, Recreational Use

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New Reporting Requirement for Certain Residential Real Estate Transfers

Effective December 1, 2025, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) will implement new rules for non-financed residential real estate transfers. The purpose of the rule is to increase…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Filing Requirements, FinCEN

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New York State Seeks Latest Round of Renewable Energy Projects to Fuel Climate Goals

New York Gov. Kathy Hochul announced the state’s latest land-based renewable energy solicitation, continuing progress toward the state’s Climate Leadership and Community Protection Act goal to obtain 70 percent of New York’s…more

Clean Energy, Energy Projects, Investment, New York, Renewable Energy

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PFAS: Navigating a New Frontier in Environmental Regulation

In recent years, states have begun investigating the health and environmental effects of PFAS and the class of chemical compounds that have come to be known as “forever chemicals.” This has led states to initiate massive…more

CERCLA, Drinking Water, Enforcement Guidance, Environmental Policies, Environmental Protection Agency (EPA)

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New York Legislature Compromises on Damages for Frequency of Pay Claims

The New York State Legislature has limited damages for first-time violations of New York’s pay frequency law, which requires that manual workers be paid weekly. The amendment to New York Labor Law (“NYLL”) § 198(1-a) resolves a…more

Appeals, Corporate Counsel, Damages, Employer Liability Issues, Employment Litigation

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GLP-1 Weight-Loss Drugs Off Shortage List; Deadlines to Stop Compounding

Glucagon-like peptide-1 agonists, a class of medications known as GLP-1s, have grown in popularity, initially for the treatment of type 2 diabetes and more recently for obesity and other labeled and off-label indications for…more

Deadlines, Drug Compounding, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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GLP-1 Weight-Loss Drugs Off Shortage List; Deadlines to Stop Compounding

Glucagon-like peptide-1 agonists, a class of medications known as GLP-1s, have grown in popularity, initially for the treatment of type 2 diabetes and more recently for obesity and other labeled and off-label indications for…more

Deadlines, Drug Compounding, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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NY Appellate Court Addresses Engineer Testimony and Frye Hearing

New York’s Appellate Division, Second Department reversed a trial court order precluding defendants’ expert engineer from testifying, issuing a new trial on the issue of liability in a personal injury action stemming from a…more

Appellate Courts, Bodily Injury, Jury Verdicts, New York, Reversal

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New York’s Appellate Division Affirms Summary Judgment Based on Lack of Specific Causation of Toxic Exposure to Gas

New York’s Appellate Division, First Department affirmed a decision of the Bronx County Supreme Court, which precluded plaintiff’s expert evidence submitted in opposition to a summary judgment motion and following a Frye…more

Appeals, Causation, Natural Gas, Summary Judgment, Toxic Exposure

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Past Relevant Work Requirements Revised in Disability Evaluations

The U.S. Social Security Administration is simplifying the disability evaluation it uses for its Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. The agency will now review only…more

Disability Benefits, Disability Insurance, Social Security Administration (SSA), Social Security Income

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Four NIL Proposals to Enhance Student-Athlete Protections

The Division I Council (the “Council”) unanimously voted to introduce four new proposals on Wednesday, October 4, 2023, with the goal of providing further guidance and regulation to the name, image and likeness (“NIL”) space…more

Breach of Contract, College Athletes, Compensation, Databases, Letters of Intent

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New York State Updates Guidelines on Transgender and Gender-Expansive Students

The New York State Education Department (“NYSED”) released new guidance to support transgender and gender-expansive (“TGE”) K-12 students. This much anticipated update substantially expands previous guidelines issued eight years…more

Compliance, Confidential Information, FERPA, New Guidance, New York

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Massachusetts Supreme Judicial Court Reaffirms Commercial Landlord's Enforcement of Liquidated Damages Clause

On September 25, 2023, the Massachusetts Supreme Judicial Court (SJC) issued its decision in Cummings Properties, LLC v. Hines, reversing the decision of the Appeals Court and holding that a liquidated damages clause in a…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Liquidated Damages

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New Restrictions Placed on Student Visa Program Will Impact Foreign Students and Universities

On July 6, 2020, the Trump Administration announced that due to continued public safety concerns surrounding COVID-19, it is imposing far-reaching restrictions on the F-1 and J-1 programs. These restrictions have significant…more

Colleges, Coronavirus/COVID-19, Customs and Border Protection, F-1 Visa, Foreign Students

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Food and Beverage Trends: Verdicts Against Restaurants; More Labeling Claims

In food and beverage trends, during May 2023, the Supreme Court of the United States issued a significant ruling regarding pork farming under the Dormant Commerce Clause, holding that a California law requiring pork sold in…more

Class Action, Food Labeling, Fraud, Implied Warranties, Restaurant Industry

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How Courts are Applying the “Some Harm” Standard Since Muldrow

More than a year has passed since the U.S. Supreme Court unanimously held in its April 2024 decision in Muldrow v. City of St. Louis, Missouri, 601 U.S. 346, 144 S. Ct. 967, 218 L. Ed. 2d 322 (2024) that employees need only show…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Appeals, Employee Rights, Employment Discrimination

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Why Cannabis Related Businesses Must Consider Legal and Tax Issues

As cannabis related businesses (CRBs) seek strong corporate foundations for business success in a rapidly shifting landscape, it’s critical to consider strategy related to legal and tax issues. Wesley Rene, an attorney on our…more

C-Corporation, Cannabis-Related Businesses (CRBs), Corporate Structures, Limited Liability Company (LLC), Tax Liability

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From Distance Meetings to Diversity Reports: 2020 Updates for NY State Businesses

This year, forces such as COVID-19, current events and cultural groundswells have prompted society to re-examine everything from how we can safely gather to how we might best embrace and promote diversity. These concerns have…more

Best Practices, Board of Directors, Coronavirus/COVID-19, Corporate Governance, Diversity

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Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also showcasing…more

Assault, Civil Rights Act, Constitutional Challenges, DOMA, Due Process

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Presumptive ADR Poised to Expand Across New York State After Promising Start in New York City

Encouraged by New York City’s implementation of new initiatives for presumptive Alternative Dispute Resolution (ADR), an advisory committee is exploring ways to expand ADR across the state to provide litigants efficient and…more

Administrative Law Judge (ALJ), Advisory Committee, Arbitration, Arbitrators, Dispute Resolution

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[Webinar] Long-Term Strategies to Hire & Retain H-1B Employees - March 12th, 9:00 am - 10:00 am EST

With the shortage of U.S. workers in many STEM fields, H-1B workers are an increasingly vital part of the U.S. workforce. This webinar will address the requirements, processing times and validity periods for H-1B status as well…more

Employee Retention, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Coronavirus and Contractual Obligations: Force Majeure, Impossibility, Impracticability, Frustration of Purpose and More

As of March 19, the Centers for Disease Control and Prevention reports there are more than 10,000 cases of novel coronavirus (COVID-19) in the United States, including more than 4,500 in New York state alone. Declared a pandemic…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Nonperformance

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Emergency Measures Proposed to Address Impacts of COVID-19 on Foreign Healthcare Workers, Critical Care Physicians

It’s strikingly apparent that the current global pandemic of COVID-19 is impacting travel and visa/immigration processes worldwide. As of right now, all USCIS processing centers for visa petitions remain open and functioning..…more

Coronavirus/COVID-19, Form I-9, H-1B, Healthcare Workers, Immigration Procedures

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New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks posed…more

Appellate Courts, Duty to Warn, Health Care Providers, Liability, Manufacturer Liability

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Traveling On (or Not) in the Time of Coronavirus

The coronavirus, or COVID-19, has resulted in many people deciding to “self-quarantine” out of an abundance of caution. Many are considering working from home, if not doing so already, while others are reviewing upcoming travel…more

Best Practices, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Infectious Diseases

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California Court Ruling Could Potentially Open Up a Pathway to Bankruptcy for Cannabis-Related Businesses

A California court recently confirmed a plan for a cannabis-related business to sell its equity assets in a Canadian cannabis company and distribute the proceeds to creditors, a milestone ruling that may open a new path for…more

Bankruptcy Code, Bankruptcy Court, California, Cannabis-Related Businesses (CRBs), Controlled Substances Act

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Health Care Industry: The Fiscal New Normal?

The onset of the COVID-19 pandemic has placed an obvious strain on the U.S. health care system, and not just in the area of patient care. The crisis has created enormous financial challenges for providers of all types and sizes,…more

CARES Act, Chapter 11, Coronavirus/COVID-19, Health Care Providers, Healthcare

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Potential Impacts of the Privatization of Fannie Mae and Freddie Mac

Fannie Mae (1938) and Freddie Mac (1970) were created with the end goal of promoting homeownership across the United States. Fannie Mae and Freddie Mac, both government-sponsored entities (“GSEs”), are publicly traded and have…more

Affordable Housing, Fannie Mae, FHFA, Financial Institutions, Freddie Mac

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Division Y-Cyber Incident Report for Critical Infrastructure Act of 2022 Becomes Law, with Regulations Expected by 2025

Division Y – Cyber Incident Reporting for Critical Infrastructure Act of 2022 was signed into law by President Biden on March 15. Highlights of the Act include:…more

Biden Administration, Chemicals, Critical Infrastructure Sectors, Cybersecurity, Dams

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Assessors Must Use Uniform Assessment Model for Solar and Wind Facilities in Upcoming Tax Year

On May 30, 2025, the Third Department confirmed an automatic stay of the Albany Court Supreme Court’s decision in Airey v State, making it clear assessors are required to utilize the state-wide uniform assessment model for solar…more

Appeals, Constitutional Challenges, Energy Projects, New York, Property Tax

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Enforcing Personal Guaranties

You might wonder whether lenders can enforce a guaranty of a loan from an individual or entity that has no formal connection with the borrower, i.e. someone who is not an owner or affiliated company. Generally, the answer is yes…more

Bankruptcy Court, Consideration, Fraudulent Conveyance, Guarantors, Insolvency

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NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence

The flood gates in New York courts have been opened wide for personal injury plaintiffs by the removal of an obstacle to their success on motions for summary judgment in negligence actions following the recent decision of the…more

Affirmative Defenses, Apportionment, Comparative Negligence, Damages, Joint Liability

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Rule Would Subject More Real Estate Transactions to Review

On July 8, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking that would expand the geographical areas in which real estate transactions would be subject to Committee on Foreign Investment in the…more

CFIUS, Foreign Investment, Jurisdiction, Notice of Proposed Rulemaking (NOPR), Proposed Rules

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Temporary Bank Forbearance on Loans Due to COVID-19 Hardships

On March 21, 2020, New York Gov. Andrew Cuomo issued New York Executive Order 202.9, “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency" (the “Executive Order.”) The Executive Order…more

Banking Sector, Banks, Borrowers, Consumer Lenders, Coronavirus/COVID-19

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FinCEN Resets the Corporate Transparent Act’s BOI Deadline to March 21

Due to the February 17, 2025, decision by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Tex.), the prior enjoinment of the Corporate…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Filing Deadlines

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[Webinar] Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know - August 27th, 9:00 am - 10:30 am EST

One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky enough…more

Audits, Continuing Legal Education, Department of Labor (DOL), Foreign Workers, H-2A

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Treble Economic Damages Now Available Under RICO Act in Personal Injury Cases

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also…more

Business Litigation, Economic Damages, False Advertising, Litigation Strategies, Lost Wages

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Petition Highlights Problem of Third-Party Litigation Funding

Litigation is expensive. Litigants may turn to third-party funding for support. Such litigation financing can raise ethical concerns and has been criticized for exploiting litigants (personal injury plaintiffs in particular) and…more

Fraud, Litigation Funding, New York, State Labor Laws, Whistleblowers

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New Marketing and Advertising Rules for New York Cannabis Retailers

New York’s Cannabis Control Board recently approved new rules around cannabis marketing and advertising in a bid to provide legal marijuana operators an advantage over illegal operators. The new rules, which are subject to a…more

Advertising, Cannabis-Related Businesses (CRBs), Marijuana Regulation & Taxation Act (MRTA), Marketing, New Rules

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Cannabis Real Estate: Gating Issues in Retail Dispensary Site Selection

New York State legalized the use, sale, and production of recreational cannabis on March 31, 2021, by way of the Marijuana Regulation and Taxation Act (MRTA). As of May 2025, New York State has issued more than 1,600 licenses…more

Commercial Leases, Commercial Real Estate Market, Landlords, Marijuana, Municipalities

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Healthcare and Mental Hygiene Workers Employed by Educational Institutions May Receive Bonuses Under New York Law

As part of the New York State enacted budget for the 2023 Fiscal Year, the Legislature and Governor provided bonuses for certain healthcare and mental hygiene workers, pursuant to New York Social Services Law Section 367-w. The…more

Bonuses, Educational Institutions, Family and Medical Leave Act (FMLA), Healthcare, Mental Health

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Information Released on Adult-Use Cannabis Excise Tax for Distributors, Retailers

The New York State Department of Taxation and Finance (the “Department”) has created a new webpage addressing the adult-use cannabis product taxation structure, including how to register with the Department, the Department’s…more

Cannabis Products, Distributors, Excise Tax, Marijuana, New York

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New Reporting Requirement for Certain Residential Real Estate Transfers

Effective December 1, 2025, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) will implement new rules for non-financed residential real estate transfers. The purpose of the rule is to increase…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Filing Requirements, FinCEN

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Unitary Patent System Launching in Europe – Patent Holders May Need to Take Action

Businesses throughout the world holding or planning patents in Europe should familiarize themselves with the new Unitary Patent and Unified Patent Court and – depending on patent protection strategy -- may want to take action in…more

EU, Intellectual Property Protection, Opt-Outs, Patent Ownership, Patents

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Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when…more

Appeals, Contamination, Department of Defense (DOD), Environmental Litigation, Federal Contractors

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Bonaventure v. Town of Wilton

A recent Superior Court decision raises important questions about the scope of municipal liability. While the nature of the proceeding (a motion for summary judgment) and the venue (Connecticut Superior Court) limit the impact…more

Contamination, Drinking Water, Governmental Immunity, Ministerial Function, Municipalities

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Scrutiny of Hospital–Physician Relationships Continues

Despite changes in many priorities, the federal government’s scrutiny of relationships between hospitals and physicians continues well into 2025. Last month, Community Health System (CHS) in California and its affiliate,…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Affordable Housing Credit Improvement Act Re-introduced in House of Representatives

On April 8, 2025, the federal Affordable Housing Credit Improvement Act (“AHCIA”) was reintroduced in the House with 117 bipartisan co-sponsors from over 30 different states. The bill would expand the Low-Income Housing Tax…more

Affordable Housing, Federal Funding, Housing Developers, Incentives, Legislative Agendas

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Summary of Key Tax Provisions for Businesses Under CARES Act

The following is a summary of certain key tax provisions relevant to businesses outlined in the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act"-- H.R. 748). The CARES Act provides financial support to businesses…more

Banks, Business Closures, Business Interruption, CARES Act, Centers for Medicare & Medicaid Services (CMS)

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E.V. Manufacturer Cruises to Victory on Appeal with Specific, Robust Disclosures

New York’s Appellate Division, First Department recently affirmed dismissal, with prejudice, of a securities class action lawsuit against Chinese electric vehicle manufacturer NIO, Inc. The suit, captioned Donlon v. NIO, Inc.,…more

Appeals, China, Disclosure Requirements, Electric Vehicles, Initial Public Offering (IPO)

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Yet Another Change to COVID-era Residential Eviction Regulations in New York

While attorneys are still learning to navigate the changing landscape of evictions in New York as a result of certain Executive Orders and recent changes to Court Rules, the New York State legislature and Governor Cuomo have…more

Coronavirus/COVID-19, Eviction, Executive Orders, Governor Cuomo, Moratorium

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Amazon’s New Compliance Requirements for Dietary Supplement Listings to Ensure Greater Transparency and Quality for Consumers

As one of the largest channels facilitating the purchase and sale of dietary supplements, Amazon has often faced criticism for its lack of oversight and failure to take action to restrict the sale of supplements on its platform…more

Amazon, Dietary Supplements, Food and Drug Administration (FDA), Labeling, Transparency

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CARES Act Relief for Tax-Exempt Organizations

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was enacted on March 27, 2020 and provides emergency relief to the American people and businesses in response to the COVID-19 public health crisis. Relief…more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Nonprofits, Relief Measures

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Cannabis Real Estate: Gating Issues in Retail Dispensary Site Selection

New York State legalized the use, sale, and production of recreational cannabis on March 31, 2021, by way of the Marijuana Regulation and Taxation Act (MRTA). As of May 2025, New York State has issued more than 1,600 licenses…more

Commercial Leases, Commercial Real Estate Market, Landlords, Marijuana, Municipalities

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New York Requires Registration for Contractors and Subcontractors

Beginning Dec. 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public projects, or certain covered private projects, will be required to register with the New York State Department…more

Construction Project, Contractors, New York, NYDOL, Penalties

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U.S. Supreme Court Rules on Public Officials and Social Media

Public officials should proceed with caution when using social media. The United States Supreme Court, in a recent unanimous decision, articulated a two-part test to determine when a public official’s social media account could…more

First Amendment, Government Officials, Lindke v Freed, Online Commentary, Personal Use

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Federal Judge Issues Restraining Order Halting Federal Spending Freeze

On Jan. 31, 2025, a federal district court in Rhode Island entered a temporary restraining order (“TRO”) prohibiting all federal agencies from pausing, canceling or terminating any awards or obligations as directed by an Office…more

Compliance, Executive Orders, Federal Contractors, Federal Funding, Government Agencies

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Treble Economic Damages Now Available Under RICO Act in Personal Injury Cases

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also…more

Business Litigation, Economic Damages, False Advertising, Litigation Strategies, Lost Wages

See all updates »

Lobbying Compliance for Energy Organizations

If you interact with government officials in New York on a federal, state, or municipal level, you may be considered a “lobbyist.” Even if your title or primary job description does not include the words “lobbying,” “government …more

Compliance, Energy Sector, Ethics, FERC, Lobbying

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Deadline for CT Real Property Tax Assessment Appeals is Feb. 20

Property owners who wish to challenge their tax assessment believing that their property is overvalued on the Oct. 1, 2024, Grand List only have a couple of weeks left to file a written appeal with the Board of Assessment…more

Appeals, Property Owners, Property Tax, State and Local Government, State Taxes

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New EEOC Guidance Advises on Acceptable Workplace DEI Practices

The EEOC and Department of Justice have weighed in on DEI in the workplace. In two guidance documents, the Equal Employment Opportunity Commission (“EEOC”) presented its stance for employers to steer clear of illegal…more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy

On February 22, 2023, in Bartenwerfer v. Buckley, 598 U.S. __ (2023), the U.S. Supreme Court ruled that a debtor who is liable for her partner’s fraud cannot discharge that debt in bankruptcy, regardless of her own culpability. …more

Bankruptcy Code, Bankruptcy Court, Bartenwerfer v Buckley, Chapter 7, Dischargeable Debts

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Education Data Privacy and Security Laws: Best Practices for School Districts

As if this fall weren’t hectic enough, school districts now need to prioritize compliance with a critical new regulation expanding New York state’s Education Law 2D. In effect since October 1, regulation Part 121 places new…more

Best Practices, Coronavirus/COVID-19, Cybersecurity, Data Privacy, Data Protection

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California Appellate Court Provides Relief to Defendants by Reining in Misapplication of Punitive Damages

Mass tort defendants frequently defend lawsuits in venues like Los Angeles County, California, which are favored by plaintiff firms due to their plaintiff-favorable law and propensity for large verdicts. In a recent decision…more

Appellate Courts, Asbestos, California, Dismissals, Hazardous Substances

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EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health

The United States Environmental Protection Agency (EPA) announced final revised risk determinations for two chemicals, perchloroethylene (perc) and trichloroethylene (TCE). After revisiting its prior risk determinations, EPA has…more

Chemicals, Environmental Protection Agency (EPA), OSHA, Risk Assessment, Risk Management

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The Massachusetts Supreme Judicial Court Lends a Helping Hand to Inadvertent Lender Omissions in the Execution of Mortgage Acknowledgements

Massachusetts bankruptcy courts have invalidated mortgages containing defects, including the failure of lenders to observe strict formalities in the execution of mortgage acknowledgements. See our prior post on this very topic…more

Affidavits, Bank of America, Consumer Bankruptcy, Mortgage Lenders, Mortgages

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DOJ to Offer Whistleblowers Money to Combat Corporate Misconduct

U.S. Deputy Attorney General Lisa Monaco recently announced the Department of Justice (DOJ) is launching a new whistleblower monetary rewards program later this year and she expects it to drive investment in internal compliance…more

Compensation, Compliance, Corporate Misconduct, Department of Justice (DOJ), Internal Controls

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Trump Administration Issues Travel Bans

On June 4, 2025, President Trump issued Presidential Proclamation Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats, which…more

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

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NLRB Ruling Makes it More Difficult for Employers to Take Action Against Employees for Abusive Conduct

On May 1, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision that makes it more difficult for employers to discipline or discharge employees for their offensive or abusive conduct while engaged in…more

Abusive Conduct Training, Employee Misconduct, NLRA, NLRB, Wright Line Test

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New York Commissioner of Education Reminds School Districts that Tenure Appointments, Seniority Lists and Resolutions Making Appointments Must be Legally Compliant

Teacher tenure areas and seniority rights of certified employees are governed by state law and regulation. A recent Commissioner of Education decision provides a good reminder of the obligation to follow these requirements…more

Appeals, New York, Seniority, Tenure

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Deadline for CT Real Property Tax Assessment Appeals is Feb. 20

Property owners who wish to challenge their tax assessment believing that their property is overvalued on the Oct. 1, 2024, Grand List only have a couple of weeks left to file a written appeal with the Board of Assessment…more

Appeals, Property Owners, Property Tax, State and Local Government, State Taxes

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USPTO Filing Fee Changes

New fees affecting trademarks and patents have taken effect at the United States Patent and Trademark Office (USPTO). The new fee structures will dramatically influence trademark and patent filings. Applicants need to rethink…more

Continuation Applications, Design Patent, Filing Fees, Information Disclosure Statement, Intellectual Property Protection

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Estate Planning: Eight Steps to Take Now

Many think estate planning is only a concern for those who are later in their stage of life or wealthy. They put it off for years, or entirely. Estate planning is for everyone and essential to maintain financial security…more

401k, Beneficiaries, Brokerage Accounts, Debt, Estate Planning

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In Massachusetts, does liability for negligent design or construction ever end?

In a decision with significant consequences concerning the amount of time after construction during which design professionals and contractors may be liable for defective services or work, the Massachusetts Supreme Judicial…more

Appeals, Breach of Contract, Construction Disputes, Construction Litigation, Contract Disputes

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Massachusetts Tax Relief Becomes Law

Today, October 4, 2023, Governor Healey signed into law major tax legislation that includes estate tax relief, closing a loophole around the newly implemented millionaire’s tax, short-term capital gains tax cuts and more. Here…more

Capital Gains, Estate Planning, New Legislation, Property Tax, Sales Tax

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Updates to Immigration Adjustment of Status Filing in 2023

People always say that a new year brings new adventures, new hope and new resolutions. In the immigration world, a new year can bring us a new version of immigration forms, new filing requirements and even more. In January 2023,…more

Adjustment of Status, Filing Deadlines, Filing Requirements, Green Cards, I-485 Applications

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EPA Bans Ongoing Use of Chrysotile Asbestos

The U.S. Environmental Protection Agency (EPA) recently announced a final rule prohibiting the ongoing use of chrysotile asbestos. The rule, which is the first to be finalized under the 2016 amendments to the Toxic Substances…more

Asbestos, Environmental Protection Agency (EPA), Federal Bans, Final Rules, Occupational Exposure

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Indefinite Leave Not A Reasonable Accommodation Under Connecticut Law

On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a reasonable…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Family and Medical Leave Act (FMLA), Leave of Absence, Reasonable Accommodation

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Defending Benzoyl Peroxide Acne Product/Benzene Litigation

This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In…more

Bodily Injury, Causation, Class Action, Consumer Protection Laws, Environmental Protection Agency (EPA)

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Generative AI Browser Extensions and Plug-ins: A Security and Privacy Challenge

Generative AI is incredibly popular. So popular that many GenAI tools now have browser extensions that work across all open pages of the browsers upon which they are installed. They helpfully summarize pages, highlight portions…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Cybersecurity, Data Privacy

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Minnesota Leads with First Tribal Compact Allowing Cannabis Sales Beyond Reservation Land; State Retains Secondary Oversight Authority

In a landmark agreement, the State of Minnesota and the White Earth Band of Chippewa have finalized a cannabis compact that significantly expands the tribe’s role in the state’s emerging cannabis market. This compact authorizes…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Marijuana, New Legislation, Regulatory Authority

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Health Care Industry: The Fiscal New Normal?

The onset of the COVID-19 pandemic has placed an obvious strain on the U.S. health care system, and not just in the area of patient care. The crisis has created enormous financial challenges for providers of all types and sizes,…more

CARES Act, Chapter 11, Coronavirus/COVID-19, Health Care Providers, Healthcare

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Coronavirus and Contractual Obligations: Force Majeure, Impossibility, Impracticability, Frustration of Purpose and More

As of March 19, the Centers for Disease Control and Prevention reports there are more than 10,000 cases of novel coronavirus (COVID-19) in the United States, including more than 4,500 in New York state alone. Declared a pandemic…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Nonperformance

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New Guidance on Inflation Reduction Act Credit for Advanced Energy Projects

On May 31, 2023, the Internal Revenue Service (“IRS”) released Notice 2023-44 (the “Notice”), which provides additional information regarding the Qualifying Advanced Energy Project Credit Allocation Program under § 48C (e) of…more

Clean Energy, Department of Energy (DOE), Energy Projects, Greenhouse Gas Emissions, Inflation Reduction Act (IRA)

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What I Saw (and Heard) at the ACMA Conference

My practice focuses on commercial real estate finance and working with lenders financing commercial real estate projects throughout the United States. A highlight of my professional calendar is the annual meeting of the American…more

Collateral, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, EB-5

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