Harris Beach 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
  • 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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The New Public Charge Rule and its Previous Iterations

The public charge provisions in the Immigration Nationality Ac (INA) have been part of U.S. immigration law for decades. We recently reported that on December 23, 2022, the Department of Homeland Security (DHS) began using a new…more

Asylum, Department of Homeland Security (DHS), Federal Poverty Line, Human Trafficking, Immigration

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In Potential Turning Point, Massachusetts Court Upholds Fiduciary Duty Rule for Brokers/Dealers

A decision from a Massachusetts court in a case involving Robinhood, the online trading platform, could mark a turning point in how states regulate broker/dealers around the country. The Massachusetts Supreme Judicial Court…more

Broker-Dealer, Fiduciary Duty, Good Faith, Investment Adviser, Regulation BI

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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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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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National Mass Torts: 2023 Year in Review

Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit…more

CA Supreme Court, Case Consolidation, Class Action, Expert Testimony, Federal Rules of Evidence

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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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Including Digital Assets in Your Modern-day Estate Plan

In the ever-increasing digital world, it is important to consider your digital assets when preparing your estate plan. Your digital assets can hold tremendous economic and sentimental value to you and your loved ones, making it…more

Capital Assets, Cloud Storage, Cryptocurrency, Digital Assets, Estate Planning

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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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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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Ransomware Attack Affects Millions, New York Hospitals and Pharmacies

A ransomware attack on Change Healthcare, a technology company owned by UnitedHealth that touches one of every three U.S. patient records, has resulted in hospitals and pharmacies across New York facing a cash crunch. The Feb…more

Cyber Threats, Cybersecurity, Health Care Providers, Hospitals, New York

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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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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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NY Makes Changes to Notary Public Laws for In-Person and Electronic Notarizations

Remote electronic notarization is now permanent in the state of New York, and notaries who register with the Department of State beginning Feb. 1, 2023, and comply with the new rules, will be able to perform electronic…more

Coronavirus/COVID-19, Electronic Notarization Standard, New York, Notarization, Remote Working

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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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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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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

See all updates »

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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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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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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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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DOL Issues Final Rule on H-2A Worker Protections

The U.S. Department of Labor recently published its Final Rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” The Department of Labor first announced proposed regulatory changes…more

Affordable Housing, Compliance, Department of Labor (DOL), Disclosure Requirements, Employment Policies

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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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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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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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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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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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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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DEA Seems Set to Reclassify Cannabis, Help Legal Marijuana Businesses

In a boon to the cannabis industry, the federal government is reclassifying cannabis and easing federal restrictions on the drug, according to news reports. The Drug Enforcement Administration will approve a recommendation from…more

Cannabis Products, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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New Executive Order Modifies Provisions of Real Property Tax Law During COVID-19

On April 20, 2020, Gov. Andrew Cuomo signed Executive Order No. 202.22. It’s the latest in a series of Executive Orders under the Governor’s statewide disaster emergency declaration in response to the COVID-19…more

Coronavirus/COVID-19, Executive Orders, Governor Cuomo, Municipalities, New York

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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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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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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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AFFF MDL Bellwether Process Extended to Claims for Thyroid and Liver Cancer Caused by PFAS

The court in the aqueous film-forming foams (“AFFF”) multidistrict litigation recently established a bellwether process to address personal injury claims alleging that polyfluoroalkyl substances (PFAS) in AFFF caused thyroid and…more

Multidistrict Litigation, PFAS, Public Utility, Settlement

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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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Summary of FTC’s Non-Compete Prohibition and Best Practices For The Business World

As reported earlier, the FTC voted this week to approve its Final Non-Compete Clause Rule (the “Rule” or “Final Rule”), which outlaws almost all non-compete agreements between employees and employers throughout the…more

Corporate Counsel, Corporate Executives, Federal Bans, Federal Trade Commission (FTC), Final Rules

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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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Supreme Court Eases Standard for Employees Who Claim Discriminatory Transfers

A recent decision by the U.S. Supreme Court eases the standard for plaintiffs claiming their employer discriminated against them by moving them into a different position. Specifically: on April 17, 2024, a unanimous Court…more

Anti-Discrimination Policies, Appeals, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employment Discrimination

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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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DEA Seems Set to Reclassify Cannabis, Help Legal Marijuana Businesses

In a boon to the cannabis industry, the federal government is reclassifying cannabis and easing federal restrictions on the drug, according to news reports. The Drug Enforcement Administration will approve a recommendation from…more

Cannabis Products, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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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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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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SCOTUS Rules that Litigation Must Cease While Question of Arbitrability is on Appeal

In a decision with implications nationwide, the Supreme Court of the United States recently ruled that, under the Federal Arbitration Act — the principal federal statute that governs judicial enforcement of arbitration…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Coinbase Inc v Bielski

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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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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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False Claims Act Enforcement Highlights Need for Robust Compliance Programs

The U.S. Department of Justice (“DOJ”) announced its False Claims Act (“FCA”) enforcement statistics for FY 2023 and identified key priorities for FCA enforcement in 2024 and beyond. The DOJ continues to pursue FCA enforcement…more

Compliance, Contractors, Coronavirus/COVID-19, Cybersecurity, Department of Justice (DOJ)

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Getting Italian Dual Citizenship in New York or New Jersey

If you are a citizen of the United States with Italian heritage, you may qualify for dual citizenship in Italy. Since 1992, Italy has allowed dual citizenship with the United States, and applicants do not have to renounce…more

Dual Citizenship, Italy, New Jersey, New York

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Dept. of Labor Migrates PERM Labor Certification Application to FLAG Web Portal

Employers seeking to hire a non-US worker on a permanent basis are generally required to undertake a lengthy, complex sponsorship process involving both the Department of Labor (“DOL”) and the United States Citizenship and…more

Applications, Department of Labor (DOL), H-1B, H-2A, H-2B

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EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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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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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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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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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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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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EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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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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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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"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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Corporate Transparency Act Takes Effect

On January 1, 2024, the Corporate Transparency Act (the “CTA”) went into effect and imposed significant new reporting requirements on, among others, many businesses and subsidiary and single-purpose entities owned by trusts and…more

Beneficial Owner, Corporate Transparency Act, Criminal Penalties, FinCEN, Reporting Requirements

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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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U.S. Supreme Court Rules that Emotional Distress Damages Are Not Recoverable in a Private Action under the Rehabilitation Act of 1973 or the Affordable Care Act

Today, in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __ (2022), in a 6-3 decision, the U.S. Supreme Court held that emotional distress damages are not recoverable in a private action to enforce the Rehabilitation Act…more

Affordable Care Act, Civil Rights Act, Emotional Distress Damages, Punitive Damages, Rehabilitation Act

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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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Corporate Transparency Act Takes Effect

On January 1, 2024, the Corporate Transparency Act (the “CTA”) went into effect and imposed significant new reporting requirements on, among others, many businesses and subsidiary and single-purpose entities owned by trusts and…more

Beneficial Owner, Corporate Transparency Act, Criminal Penalties, FinCEN, Reporting 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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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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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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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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When Cryptocurrency Gets Too Cryptic: First Charges of Insider Trading Foreshadow Heightened Government Scrutiny

Three individuals are facing criminal and civil charges in the first-ever cryptocurrency insider trading scheme. In its July 21, 2022 announcement, the U.S. Attorney for the Southern District of New York (“SDNY”) alleges that…more

Biden Administration, Bitcoin, Coinbase, Cryptocurrency, Enforcement

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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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Relief for Some, Pain for Others on Evictions, Foreclosures Under Executive Order 202.28

Governor Cuomo’s May 7, 2020, Executive Order, 202.28 (“E.O. 202.28”) offers relief to some (tenants and property owners) and pain to others (landlords). The order provides, inter alia, that: There shall be no initiation of…more

Coronavirus/COVID-19, Eviction, Foreclosure, Governor Cuomo, Rent

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NYSDEC Seeks Feedback on Revisions to Freshwater Wetlands Regulations

The New York State Department of Environmental Conservation (NYSDEC) recently issued an Advanced Notice of Proposed Rule Making (ANPR) seeking written input on the development of updated Freshwater Mapping and Classification…more

Advanced Notice of Proposed Rulemaking (ANPRM), Flooding, Habitat Conservation Plan, Jurisdiction, Land Preservation

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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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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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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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EEOC Issues Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) recently published its final Enforcement Guidance on Harassment in the Workplace. The EEOC also issued supplemental documents with the guidance, including a Summary of Key…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Anti-Harassment Policies, Civil Rights Act

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Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other…more

Citizen Petitions, Department of Homeland Security (DHS), Department of Labor (DOL), H-1B, Labor Condition Applications

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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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New York Labor Law: Certain Employee Inventions Belong to Employees

New York’s recent addition of Section 203-f to Labor Law declares unenforceable any provisions in existing and future employment agreements requiring an employee to assign to the employer those inventions developed entirely on…more

Employees, Enforcement, Intellectual Property Protection, Inventions, Jurisdiction

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NY Public Subsidy Board to Hold Hearings on Development Projects

New York’s Public Subsidy Board (the “Board”) recently decided to hold public hearings related to development projects throughout the state, while also changing an internal policy to allow it to reconsider prior project…more

New York, Public Hearing, State Labor Laws, Urban Planning & Development

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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 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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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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FDA Phases Out PFAS in Certain Food-Packaging Materials

The U.S. Food and Drug Administration (FDA) announced certain food-packaging materials containing per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the U.S. PFAS are a large, diverse, and complex family of…more

Compliance, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Safety

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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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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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NYSDEC Seeks Feedback on Revisions to Freshwater Wetlands Regulations

The New York State Department of Environmental Conservation (NYSDEC) recently issued an Advanced Notice of Proposed Rule Making (ANPR) seeking written input on the development of updated Freshwater Mapping and Classification…more

Advanced Notice of Proposed Rulemaking (ANPRM), Flooding, Habitat Conservation Plan, Jurisdiction, Land Preservation

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NY Public Subsidy Board to Hold Hearings on Development Projects

New York’s Public Subsidy Board (the “Board”) recently decided to hold public hearings related to development projects throughout the state, while also changing an internal policy to allow it to reconsider prior project…more

New York, Public Hearing, State Labor Laws, Urban Planning & Development

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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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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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NYPA Takes Next Step Towards Renewable Energy Development – Issues RFQ

The New York Power Authority (NYPA) recently issued a request for qualifications (RFQ) to prospective renewable energy companies interested in collaborating with New York Power Authority (NYPA) to develop renewable energy…more

Energy Projects, Energy Sector, Geothermal Energy, Hydrogen Power, 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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EEOC Issues Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) recently published its final Enforcement Guidance on Harassment in the Workplace. The EEOC also issued supplemental documents with the guidance, including a Summary of Key…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Anti-Harassment Policies, Civil Rights Act

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Large Pharmacy Chains Face Staffing, Safety and Regulatory Issues

As the nation’s largest pharmacy chains grapple with accusations of under-staffing, threats to patient safety and crack downs from regulators, Harris Beach’s Pharmacy Law attorneys are tracking developments. CVS Health…more

CVS, Health and Safety, Labor Shortage, Medical Errors, Pharmacies

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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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New Rule Improves Access to Medicaid, Other Federal Health Care

The federal government recently issued a new rule to make it easier for millions of eligible U.S. residents to enroll in and retain their Medicaid, Children’s Health Insurance Program (CHIP), and Basic Health Program (BHP)…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Enrollment, Health Insurance, Healthcare

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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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Verdict in T-Cell Immunotherapy IP Case Tests 'Reasonable Royalty' Concept for Large Damage Awards

One of the most interesting and promising areas of medical research today involves the use of T-Cell therapies, which offer hope and promise as a new approach to cancer treatment. It has also made for a robust climate for…more

Biotechnology, Damages, Intellectual Property Litigation, Jury Verdicts, Medical Research

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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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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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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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New Executive Order Incentivizes Municipalities to Support Housing Growth

Governor Kathy Hochul recently signed Executive Order No. 30, entitled “Directing State Agencies, Authorities, and Entities to Prioritize the Allocation of Certain Discretionary Funds to those Localities that Promote the…more

City of New York, Executive Orders, Grants, Housing Developers, Housing Market

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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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Discounted Cash Flow Assessment Model for New York Renewable Energy Projects

Developers and assessors of renewable projects can now count on a discounted cash flow approach to assess solar and wind projects for real property tax purposes. When the assessment model was included in the state’s…more

Clean Energy, Energy Projects, Energy Sector, New York, Renewable Energy

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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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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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COVID-19 Mortgage Forbearance Available to Fannie Mae and Freddie Mac Multifamily Property Owners

As part of the federal government COVID-19 economic mitigation response, the Federal Housing Finance Authority (FHFA) has announced that Fannie Mae and Freddie Mac will offer mortgage forbearance to multifamily property owners…more

Coronavirus/COVID-19, Eviction, Fannie Mae, Financial Institutions, Foreclosure

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DOL Issues Final Rule on H-2A Worker Protections

The U.S. Department of Labor recently published its Final Rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” The Department of Labor first announced proposed regulatory changes…more

Affordable Housing, Compliance, Department of Labor (DOL), Disclosure Requirements, Employment Policies

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Construction Site Hazardous Openings Must be Guarded by a “Substantial” Cover

Labor Law § 241(6) imposes a non-delegable duty on property owners and general contractors to provide construction, excavation or demolition workers with proper safety precautions set forth in Part 23 of Title 12 of the New York…more

Appeals, Construction Site, General Contractors, Motion for Summary Judgment, State Labor Laws

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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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DEA Seems Set to Reclassify Cannabis, Help Legal Marijuana Businesses

In a boon to the cannabis industry, the federal government is reclassifying cannabis and easing federal restrictions on the drug, according to news reports. The Drug Enforcement Administration will approve a recommendation from…more

Cannabis Products, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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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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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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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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AFFF MDL Bellwether Process Extended to Claims for Thyroid and Liver Cancer Caused by PFAS

The court in the aqueous film-forming foams (“AFFF”) multidistrict litigation recently established a bellwether process to address personal injury claims alleging that polyfluoroalkyl substances (PFAS) in AFFF caused thyroid and…more

Multidistrict Litigation, PFAS, Public Utility, Settlement

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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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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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Paycheck Protection Program – Common Questions and Updated Guidance

The Paycheck Protection Program has been seen as a lifeline for many businesses nationwide. Josh Steele, a partner in the Harris Beach Labor & Employment group and CARES Act team member has counseled clients throughout the loan…more

Borrowers, CARES Act, Eligibility, Fraud, Guidance Update

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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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AFFF MDL Bellwether Process Extended to Claims for Thyroid and Liver Cancer Caused by PFAS

The court in the aqueous film-forming foams (“AFFF”) multidistrict litigation recently established a bellwether process to address personal injury claims alleging that polyfluoroalkyl substances (PFAS) in AFFF caused thyroid and…more

Multidistrict Litigation, PFAS, Public Utility, Settlement

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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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EEOC Issues Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) recently published its final Enforcement Guidance on Harassment in the Workplace. The EEOC also issued supplemental documents with the guidance, including a Summary of Key…more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Anti-Harassment Policies, Civil Rights Act

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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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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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[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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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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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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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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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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Ransomware Attack Affects Millions, New York Hospitals and Pharmacies

A ransomware attack on Change Healthcare, a technology company owned by UnitedHealth that touches one of every three U.S. patient records, has resulted in hospitals and pharmacies across New York facing a cash crunch. The Feb…more

Cyber Threats, Cybersecurity, Health Care Providers, Hospitals, New York

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Yet Another Lawsuit Filed to Temporarily Halt Cannabis Licensing in New York

On December 18, 2023, the day New York’s cannabis regulators wrapped up their initial cannabis licensing application period, the state was hit with yet another lawsuit seeking to halt the licensing of adult-use retail dispensary…more

Cannabis-Related Businesses (CRBs), Dispensaries, Licenses, Marijuana Regulation & Taxation Act (MRTA), New York

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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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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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