Earlier this month the New York State Department of Financial Services (the "DFS") released a proposed regulation (the "Proposal") which would mandate enhanced anti-terrorism and anti-money laundering ("AML") requirements under the Bank Secrecy Act
The examiners are in your bank conducting a compliance exam. They've focused on your overdraft program and your Regulation O reports on insider transactions. Now they're asking you to produce all of your materials pertaining to these matters, includi
The Supreme Court ruled 8-1 that the popular retailer Abercrombie and Fitch violated anti-discrimination laws when it failed to hire a Muslim woman who wore a headscarf to her interview. At issue in the case was whether Abercrombie could be responsi
A Judge in Ohio claims these type of sentences strike minor criminals in the conscience; reduce recidivism rates; and prevent young, minor offenders from being laden with permanent criminal records.
There is still time to register for our upcoming startup workshop series:
A recent article from Forbes highlights risks involved with using social media to promote your business:
In an impassioned opinion, Judge Reinhardt of the Ninth Circuit reminds us all how free speech is supposed to operate and why it is so important that we protect it.
Starting a business is hard. Keeping it running is even harder. Hinman, Howard & Kattell invites you to join us for a free workshop series where our attorneys will identify and untangle legal issues that startups and small businesses frequently enc
Yesterday, the United States Court of Appeals for the Second Circuit ruled that the NSA’s phone data collection program – which broadly collects data pertaining to phone calls made by the majority of Americans – exceeds the lawful authority gra
This morning the Supreme Court heard oral argument in two cases which ask the Court to decide whether the Fourteenth Amendment guarantees same-sex couples the right to marry. If the Supreme Court rules that same-sex marriage is constitutionally prot
John Oliver frequently uses his weekly HBO show, Last Week Tonight, to examine legal issues that significantly impact society. Yesterday he examined the impact that non-practicing entities (often called “patent trolls”) have on American business
The EEOC will issue proposed regulations for Wellness Programs today. The proposed rules address how Wellness Programs interact with the Americans with Disabilities Act (ADA). They do not address how such plans interact with the Genetic Information
Today is National Healthcare Decision Day. Have you thought about what you want? Do you have your healthcare proxy? Spend some time today discussing difficult conversations with your loved ones.
HH&K previously reported about the NLRB General Counsel’s advice memoranda that collected and analyzed recent Board cases finding common employee handbook provisions illegal. See http://blog.hhk.com/?p=868. As we noted, most of the employers caug
Earlier this week the federally-appointed Dietary Guidelines Advisory Committee issued a report which found that high-plant, low-meat diets are both healthier for individuals and have less adverse impact on the environment. This is not news. Effort
In a relatively quiet Supreme Court decision issued earlier this month, Justice Anthony Kennedy made a suggestion that might jolt e-commerce taxes in America and make it harder for small businesses and startups to compete with established companies.
On March 18, the NLRB office of the General Counsel issued a report on Board Decisions regarding employer work rules. Unlike previous reports which addressed solely social media issues, this report addresses common employee handbook provisions such
Earlier this month Twitter updated its use policy to specifically ban revenge porn. Revenge porn is a dastardly practice where a person (typically a man, but not always) posts intimate photos of their former partner (typically a woman, but not alwa
Earlier this month the Court of Appeals for the Federal Circuit – a federal appeals court that specializes in intellectual property matters – held that a “use-based” trademark must be canceled if the trademark owner did not consummate a sale
On January 16, 2015, the United States Supreme Court agreed to hear four new cases on same-sex marriage. The specific questions that the Supreme Court will address are (1) whether the Fourteenth Amendment requires a state to license a marriage betwe
Even before Governor Cuomo's recent decisive action to ban hydraulic fracturing ("fracking") in New York, the practice faced significant hurdles. The decision of the New York Court of Appeals in Wallach v. Town of Dryden had made clear that indivi
New Yorkers may currently be focusing on their income taxes, however the upcoming year's school taxes cannot be forgotten. While it may seem as though school taxes are a thing of the future, the reality is that the time for New York homeowners to mi
New York’s Court of Appeals, the highest court in the state, ruled last week that knowingly infecting a partner with HIV is not a crime of sufficient “cruelty, brutality, or callousness” as to warrant felony prosecution. In the case at issue,
The U.S. Department of Labor announced yesterday that it is changing its definition of “spouse” under the Family and Medical Leave Act to include legally married same-sex spouses, regardless of whether the state where the couples reside recognize
Cease and desist letters are a lot trickier than they seem – just ask Red Bull. An internet post went viral this week in which the owner of Old Ox Brewery – a small, family-run brewery in Virginia – took the energy drink giant to task over a c
On Friday, the Center for Medicare/Medicaid Services released the new star ratings for nursing homes. According to CMS, the new ratings include changes that
It has been a little over a month since New York’s Nurse Practitioner Modernization Act went into effect. The Act permits Nurse Practitioners with at least 3,600 hours of practice to dispense with the requirement of a written practice agreement wi
The General Counsel’s Office of the National Labor Relations Board (NLRB) has issued a General Counsel Memorandum with guidance for regional offices on managing cases in which a party claims deferral to arbitration. The GC Memorandum also sets out
The Office of Federal Contractor Compliance Programs (OFCCP) has extended the period of time for stakeholders to comment on the proposal that would require covered federal contractors and their subcontractors to submit an "Equal Pay Report". The pro
The U.S. Department of Health and Human Services, Office of Civil Rights has issued a Bulletin addressing HIPAA Privacy in light of the Ebola Crisis. The Bulletin addresses when private health information may be disclosed to public health officials,
Taylor Swift’s record label, Big Machine Label Group, caused a minor uproar in the music industry this week when it decided to remove all of Swift’s music from the streaming service Spotify®. The move (which comes fresh on the heels of Big Mach
According to recent reports, one in four adults in the United States now has a criminal conviction or arrest record that affects their ability to find employment. Against this backdrop, cities and even some states are taking action to make it easier
While it appears that the NBA has a contractual legal right to force Donald Sterling to sell the L.A. Clippers, exercising that right may have significant income tax consequences for Sterling. Sterling purchased the Clippers in 1981 for about $12.7 m
The New York Nonprofit Revitalization Act of 2013 brings about many changes to the laws governing New York’s nonprofits as of July 1, 2014. Some aspects of the new law, however, are merely technical in nature, designed to keep up with developments
Have you formed a LLC in New York State and not completed publishing?
On May 13, 2014, the European Court of Justice held Google must comply with a Spanish citizen’s request that Google delete links to two unflattering web articles. The two articles, which were published in 1998, detail the circumstances surrounding
You can’t have your cake and eat it too – at least not when it comes to Medicaid or even general estate planning. Oftentimes parents will mistakenly transfer their assets to a child in the child’s sole name so that they may be eligible for Med
If you've followed the news in recent months, headlines featuring major international merchants falling victim to data breaches are no stranger. Consumers were shocked to hear that hackers were able to steal the personal and financial information th
The National Labor Relations Board granted Northwestern University's request for review of the Regional Director's decision finding that the University’s grant-in-aid scholarship football players are employees under the National Labor Relations Act
The Supreme Court and the United States Patent and Trademark Office (USPTO) are currently considering two legal changes that may substantially alter the landscape of patent litigation.
Ah summer, you are almost here. Well, here in Upstate New York, that is probably wishful thinking, but it might get you thinking about vacation, and whether your vacation policy is legally compliant.
In what is a sure-to-be appealed decision, yesterday, the National Labor Relations Board Regional Director for Region 13 (governing parts of Illinois and Indiana) has ruled that Grant-in-aid scholarship football players are employees under the Nation
For employers with four or more employees, probably the most important part of your handbook is the Equal Employment Opportunity policies, including your anti-harassment and anti-discrimination policies. Under established Supreme Court precedent, an
The Consumer Financial Protection Bureau (CFPB) released a new rule effective Friday January 10, 2014. Known as the Ability-to-Repay and Qualified Mortgage Standards, the rule implements provisions of the Dodd-Frank Act and requires all mortgage len
This is an update to Megan Curinga’s original blog post on this topic on September 20, 2013.
In order to streamline the process for collecting information and paying benefits and to address the unemployment insurance shortfall, there are several changes to unemployment that went into effect in the past few months.
This article originally appeared in the Hinman, Howard & Kattell, LLP quarterly newsletter (Volume 5, Issue 4) in December, 2013.
This article originally appeared in the Hinman, Howard & Kattell, LLP quarterly newsletter (Volume 5, Issue 3) in September, 2013.
The end of one year and the beginning of the next is the ideal time for employers to review their existing employment policies and implement new or revised policies. But for some employers, the employee handbook is an idea that keeps getting put on
(January 9, 2014) Legislation Alert: Governor Andrew M. Cuomo signed into law the Nonprofit Revitalization Act, which was the subject of an article, written by Ryan M. Mead, Esq. and Jeremy P. Sedelmeyer, Esq., in our HH&K December 2013 Newsletter.
(August 2013) On March 29, 2013 Governor Cuomo signed new legislation that requires all homeowners eligible to receive a Basic STAR (School Tax Assessment Relief) exemption to register with the New York State Department of Taxation and Finance in
Most of us are generally aware of the scandal in the music industry triggered by the Napster music “file-sharing” service, which began in 1999 and was continued by other websites for a number of years. The “free” access to music online was a
A recent decision from the New York State Court of Appeals initially led to some confusion regarding whether federal credit unions will continue to be exempt from certain mortgage recording taxes. Pursuant to Article 11 of the New York Tax Law, two t