Author Info for Lippes Mathias LLP

Scott Allen Jr.

Understanding New York Executive Law § 63 (12) and its Potential Impact on Businesses

Thanks to media attention to the case Attorney General Letitia James brought against former President Donald J. Trump, an obscure statute first enacted in 1956 has become a major point of interest for businesses operating in New… more

Disgorgement, Enforcement, Financial Institutions, Financial Statements, Fraud

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Justin Andreozzi

Know Your Rights: Managing Exposure During Audits Through Legal Representation

The 2022 Inflation Reduction Act (the “IRA”) allocated $80 billion in funding to the Internal Revenue Service (“IRS”), much of which was earmarked for increased enforcement efforts. After some starts and stops, that funding has… more

Accountants, Anti-Harassment Policies, Audits, Burden of Proof, Criminal Investigations

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Randall Andreozzi

IRS Halts Processing of ERC Claims Citing Extensive Fraud and Abuse

In an extraordinary development, the IRS has halted its processing of Employee Retention Credit (“ERC”) refund claims as it struggles to keep up with the massive number of claims filed within the last several months. The… more

CARES Act, Employee Retention, Enforcement, Fraud and Abuse, IRS

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Alessandro Apolito

Hiring Counsel for Estate and Trust Administration Could Help You Avoid an Expensive Conflict

Losing a family member or friend is a difficult situation for everyone. In 1969, the Swiss-American psychiatrist Elizabeth Kübler-Ross wrote in her book “On Death and Dying,” that grief could be divided into five stages:… more

Beneficiaries, Creditors, Estate Planning, Irrevocable Trusts, Liability

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Matthew Asbell

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use other… more

Bad Faith, Brand, Cybersquatting, Dilution, Fair Use

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Sean Balkin

How ESG is Affecting Private Equity

Our Lippes Mathias Private Equity Team recently attended on a seminar on the growing impact of Environmental, Social, and Governance (“ESG”) issues on the private equity space. Here are the top five items we took away from the… more

Corporate Governance, Cybersecurity, Environmental Social & Governance (ESG), EU, Investors

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Tiffany Bell

Supreme Court Undermines Taxpayers’ Due Process Rights

On June 12, 2025, the U.S. Supreme Court issued a significant decision in Commissioner of Internal Revenue v. Zuch, clarifying the jurisdictional boundaries of the U.S. Tax Court in Collection Due Process (CDP) appeals… more

Appeals, Commissioner of Internal Revenue v Zuch, Debt Collection, Due Process, IRS

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James Blenk

What the Supreme Court’s Decision in Castro-Huerta Means for Tribal Sovereignty

In Oklahoma v. Castro-Huerta, decided on the second to last day of the 2021-2022 term, the Supreme Court held 5-4 that Oklahoma had concurrent jurisdiction with the federal government over crimes committed by non-Indians against… more

Concurrent Jurisdiction, McGirt v Oklahoma, SCOTUS, Sovereign Immunity

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Brian Bocketti

Navigating Private Lending: Best Practices for Success

In times of economic uncertainty, lending is not exclusively within the realm of banks. Non-financial institutions, such as corporate entities, pension funds, insurance companies, and even high-net-worth individuals, play a… more

Banks, Best Practices, Borrowers, Compliance, Documentation

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Christina Bonanni

Climate Week NYC 2023: Key Takeaways and Insights on What’s to Come

Each year during the regular session of the United Nations (U.N.) General Assembly, the Climate Group—an international nonprofit that works to address climate change with government leaders and businesses—hosts Climate Week NYC… more

Clean Energy, Climate Action Plan, Climate Change, Endowment Funds, Environmental Policies

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Jessica Buffamonti

Understanding New York State's Paid Prenatal Leave Mandate

Paid Prenatal Leave is defined as, “leave taken for the health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and… more

Compliance, Department of Labor (DOL), Employee Benefits, Employee Rights, Employment Policies

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Shawn Byrns

Three Essential Estate Planning Documents Everyone Needs

A complete estate plan includes essential documents such as a Health Care Proxy, Living Will, Power of Attorney, and Last Will & Testament, which are vital in protecting your medical, legal, and financial decisions. These… more

Asset Management, Documentation, Durable Power of Attorney, Estate Planning, Guardianships

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Mark Canfield

Three Essential Estate Planning Documents Everyone Needs

A complete estate plan includes essential documents such as a Health Care Proxy, Living Will, Power of Attorney, and Last Will & Testament, which are vital in protecting your medical, legal, and financial decisions. These… more

Asset Management, Documentation, Durable Power of Attorney, Estate Planning, Guardianships

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Richard Capote

Establishing Site Control is Just the Beginning: Initial Real Estate Diligence of Renewable Energy Projects

Once site control is established for a renewable energy project, one of the project developer’s next steps is performing its due diligence to determine if the site is a viable option for the contemplated project. A key part of… more

ALTA, ASTM, Conservation Easements, Due Diligence, Energy Projects

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Scott Carroll

New COBRA Coverage Obligations for Employers

Notice To Employers And Group Health Plans – New COBRA Continuation Coverage Obligations And Premium Subsidies Under The American Rescue Plan Act Of 2021… more

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

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Victoria Craft

Three Essential Estate Planning Documents Everyone Needs

A complete estate plan includes essential documents such as a Health Care Proxy, Living Will, Power of Attorney, and Last Will & Testament, which are vital in protecting your medical, legal, and financial decisions. These… more

Asset Management, Documentation, Durable Power of Attorney, Estate Planning, Guardianships

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Eugenia Donahoo

Highlights of the EEOC's Final Regulations on the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission ("EEOC") issued its final regulations interpreting the Pregnant Workers Fairness Act ("PWFA"). The PWFA became effective on June 27, 2023, and the regulations took… more

Americans with Disabilities Act (ADA), Civil Rights Act, Documentation, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Martin Doster

Inflation Reduction Act Highlights: Environmental Justice, Climate Change and Expedited Permitting

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA), sweeping legislation that commits $369 billion to combat climate change, fund clean energy and development, and address environmental justice. This… more

Air Pollution, Biden Administration, Clean Air Act, Clean Energy, Climate Change

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Elise Edwards

New COBRA Coverage Obligations for Employers

Notice To Employers And Group Health Plans – New COBRA Continuation Coverage Obligations And Premium Subsidies Under The American Rescue Plan Act Of 2021… more

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

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Frank Fanshawe

New York Poised to More Actively Regulate the Pet Insurance Market

The New York State legislature recently passed a bill that will, if approved by Governor Hochul, create a regulatory framework for the issuance of pet insurance in New York, mirroring similar legislation enacted in states like… more

Advertising, Disclosure Requirements, Insurance Industry, Misleading Statements, NAIC

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J. Tyler Finn

Top 5 Trends – Representation and Warranty Insurance for M&A Transactions

Our Mergers & Acquisitions / Private Equity Team recently attended Marsh’s panel on its 2021 Global Trends Report on transactional risk. Consistent with what we have seen in the market, industry experts confirmed that an… more

Acquisitions, Human Capital, Mergers, Pricing, Private Equity

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Christian Flemming

The failure of Silicon Valley Bank and Signature Bank

The two banks’ sudden failure raises many questions about depositors’ ability to access accounts held at the banks when they closed. The following is intended to provide an overview of the current updates issued by the FDIC and… more

Banking Regulators, Banking Sector, Bridge Banks, Depository Institutions, FDIC

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John Flynn

Practice Insight: A Big Little Thing at the End of a White-Collar Criminal Trial

The criminal trial of former President Trump in New York state court reminds experienced practitioners of some of the big issues that white-collar defense attorneys wrestle with as a trial comes to an end. The jury and the… more

Criminal Prosecution, Evidence, Evidentiary Standards, Jury Instructions, Jury Trial

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Colleen Flynn Goss

USPTO Trademark Fee Changes: Key Updates and Fee Avoidance Strategies for Applicants

The USPTO has announced significant changes to its trademark fee schedule, introducing new surcharges and increasing existing fees. These changes will take effect on January 18, 2025, for most filings and on February 18, 2025,… more

Electronic Filing, Fees, Final Rules, Madrid Protocol, Regulatory Requirements

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Scott Friedman

Venture Capital: A Primer

Venture capital (VC) is a form of private equity and a type of financing where investors invest in early-stage companies which they believe to have long-term, highgrowth potential. Accredited investors, family offices,… more

Corporate Management, Due Diligence, Family Offices, Financing, Institutional Investors

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Donell Gibson Jr.

The Corporate Transparency Act: New Beneficial Ownership Reporting Requirements for Companies

Earlier this year, Congress voted to override former President Trump’s veto of the 2021 National Defense Authorization Act (“NDAA”). The Corporate Transparency Act (“CTA”), enacted as part of the NDAA, requires “reporting… more

Anti-Money Laundering, Beneficial Owner, BSA/AML, Corporate Transparency Act, Financial Crimes

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Bari Goldstein

Employers Take Note: Court Vacates Salary Threshold Increases for Exempt Employees

Last month, a federal district court in Texas invalidated the U.S. Department of Labor’s (“DOL”) April 2024 Final Rule (“Final Rule”), which would have raised salary thresholds for Executive, Administrative, and Professional… more

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

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Samantha Gozlan

Supreme Court Undermines Taxpayers’ Due Process Rights

On June 12, 2025, the U.S. Supreme Court issued a significant decision in Commissioner of Internal Revenue v. Zuch, clarifying the jurisdictional boundaries of the U.S. Tax Court in Collection Due Process (CDP) appeals… more

Appeals, Commissioner of Internal Revenue v Zuch, Debt Collection, Due Process, IRS

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Megan Ha

The Landscape of Commercial Lending Conditions and What May Come

In recent years, U.S. banks have been tightening lending conditions. This trend is expected to continue for commercial loans because of various factors, including the ongoing effects of the COVID-19 pandemic, changes in interest… more

Borrowers, CMBS, Commercial Loans, Commercial Real Estate Market, Coronavirus/COVID-19

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Amy Habib Rittling

Understanding New York State's Paid Prenatal Leave Mandate

Paid Prenatal Leave is defined as, “leave taken for the health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and… more

Compliance, Department of Labor (DOL), Employee Benefits, Employee Rights, Employment Policies

See all updates »

MacKenzie Hamill

Navigating Private Lending: Best Practices for Success

In times of economic uncertainty, lending is not exclusively within the realm of banks. Non-financial institutions, such as corporate entities, pension funds, insurance companies, and even high-net-worth individuals, play a… more

Banks, Best Practices, Borrowers, Compliance, Documentation

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Hon. Carol Heckman

Supreme Court Decides in Favor of Tribal Nations in Becerra v. San Carlos Apache Tribe

The U.S. Supreme Court’s June 6 decision is a victory for Tribal Nations, affording them new opportunities to recover contract support costs pertaining to healthcare programs. In Becerra v. San Carlos Apache Tribe, the… more

Becerra v San Carlos Apache Tribe, Contract Terms, Health Insurance, Healthcare, Indian Health Service (IHS)

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Leigh Hoffman

Credit Card Late Fees Slashed to $8 by Consumer Financial Protection Bureau

Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice… more

Consumer Financial Protection Bureau (CFPB), Credit Cards, Final Rules, Inflation Adjustments, Interest Rates

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Matthew Hosford

New York Poised to More Actively Regulate the Pet Insurance Market

The New York State legislature recently passed a bill that will, if approved by Governor Hochul, create a regulatory framework for the issuance of pet insurance in New York, mirroring similar legislation enacted in states like… more

Advertising, Disclosure Requirements, Insurance Industry, Misleading Statements, NAIC

See all updates »

Thomas Hughes

Empire State Cannabis Update: Conditional Adult-Use Cultivation & Processor License Overview and Impact

On February 22, 2022, Governor Kathy Hochul signed a bill into law that will award conditional adult-use licenses to qualifying cultivators and processors who were licensed under New York’s Cannabinoid Hemp Program prior to… more

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

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Thomas Keable

Medical Devices in the App Store? U.S. Regulation of Mobile Medical Applications

Since the start of the COVID-19 pandemic, more people than ever have downloaded and used mobile applications, or apps, to communicate with their doctors, manage prescriptions, and streamline much of the healthcare activity… more

21st Century Cures Act, Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), International Medical Device Regulators Forum (IMDRF)

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Brendan Kelleher

Executive Order Limits Use of Disparate Impact Theory Under Civil Rights Act

On April 23, 2025, President Donald Trump issued an Executive Order that is intended to limit employees' and applicants' abilities to use the disparate impact theory of liability to establish violations of the Civil Rights Act… more

Civil Rights Act, Constitutional Challenges, Disparate Impact, Employee Rights, Employment Discrimination

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Elizabeth Klarin

Immigration Guidance for Business Travellers Entering the U.S.

Business visitor status allows foreign nationals to enter the United States for specific business-related activities temporarily. These activities may include consulting with business associates; attending scientific,… more

Best Practices, Border Searches, Business Immigration, Customs and Border Protection, Department of Homeland Security (DHS)

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John Koeppel

Top 5 Trends – Representation and Warranty Insurance for M&A Transactions

Our Mergers & Acquisitions / Private Equity Team recently attended Marsh’s panel on its 2021 Global Trends Report on transactional risk. Consistent with what we have seen in the market, industry experts confirmed that an… more

Acquisitions, Human Capital, Mergers, Pricing, Private Equity

See all updates »

Anoush Koroghlian-Scott

HHS Issues Final Rule to Expand Discrimination Prohibition in Health Care Services

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) and the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule on May 6, 2024 (the “Final Rule”) under Section 1557 of the… more

Affordable Care Act, Anti-Discrimination Policies, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS)

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Brandon Lê

How Will New Reporting Requirements Impact Your Business in 2024? Beneficial Ownership Reporting Under the Corporate Transparency Act

Beginning in 2024, a significant number of foreign and domestic businesses in the United States will be required to report information on their businesses, owners, senior officers, and key decision-makers, under the Corporate… more

Beneficial Owner, Business Entities, Corporate Governance, Corporate Transparency Act, Doing Business

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Christian Lovelace

Important Actions for Necessary Businesses and Entities Affected by the New Corporate Transparency

Entities and Individuals Required to File a Report: Effective January 1, 2024, the Corporate Transparency Act (“CTA”) now requires a significant number of foreign and domestic businesses and entities in the United States to… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Michael Lufkin

Trust Issues: NLRB General Counsel Says No to Secretly Recording Bargaining Sessions

In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session. In a… more

Audio Recording, Collective Bargaining, Employee Privacy Rights, Enforcement Actions, Labor Relations

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Eileen Martin

Working, Travelling While Adjusting Status in the United States

Adjustment of Status (AOS) has a very specific definition in the United States. It is defined as the process whereby someone goes from a temporary nonimmigrant status to a Lawful Permanent Resident without obtaining a visa from… more

Adjustment of Status, Employment Authorization Documents (EAD), Foreign Workers, H-1B, Immigration Procedures

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Devon McDonald

Tax Considerations for Mergers and Acquisitions: Qualified Small Business Stock and its Tax Benefits

For an active business in the post-Tax Cuts and Jobs Act (TCJA) world of lower corporate tax rates, buyers and shareholders considering a future exit should always consider C corporations and the availability of potential… more

Acquisitions, C-Corporation, Capital Gains, Corporate Taxes, Exclusions

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Gregory Measer

FDA Regulation of CBD is TBD

After rounding out 2022 with a series of warning letters to companies selling products containing cannabidiol (“CBD”) the U.S. Food and Drug Administration (“FDA”) began 2023 by issuing a press release announcing its… more

Cannabidiol (CBD) oil, DEA, Farm Bill, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Brittany Mills

Florida Passes SB1718, a State Bill That Will Require Many Florida Employers to Use E-Verify and Increase Penalties for Employment of Aliens without Employment Authorization

On May 10, 2023, Governor Ron DeSantis approved Florida Senate Bill 1718 (“SB1718”). Among other things, the bill will amend and expand the current Florida statutes related to employment of aliens without employment… more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

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Thomas Mitchell

Tax Considerations for Mergers and Acquisitions: Qualified Small Business Stock and its Tax Benefits

For an active business in the post-Tax Cuts and Jobs Act (TCJA) world of lower corporate tax rates, buyers and shareholders considering a future exit should always consider C corporations and the availability of potential… more

Acquisitions, C-Corporation, Capital Gains, Corporate Taxes, Exclusions

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Gregory Myers

Hospital Administrators – Is Your Hospital Cyber-Secure?

On October 2, 2024, New York adopted new regulations requiring general hospitals to implement heightened cybersecurity safeguards. General hospitals, as defined in Article 28 of the NY Public Health Law, generally must begin… more

Annual Reports, Chief Information Security Officer (CISO), Compliance, Confidential Information, Cyber Incident Reporting

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Kathryn Myrtle

Federal Energy Regulatory Commission Imposes New Requirements on Transmission Line Siting Applicants Seeking Rights of Way on Tribal Lands

On October 17, 2024, the Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which requires applicants seeking rights of way for electric transmission lines on Tribal lands to include Tribal… more

Electricity, Energy Policy, Energy Projects, Federal Power Act, FERC

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Michael Nisengard

Establishing Site Control is Just the Beginning: Initial Real Estate Diligence of Renewable Energy Projects

Once site control is established for a renewable energy project, one of the project developer’s next steps is performing its due diligence to determine if the site is a viable option for the contemplated project. A key part of… more

ALTA, ASTM, Conservation Easements, Due Diligence, Energy Projects

See all updates »

Caitlin O'Neil

Federal Agencies Signal Collaborative and Increasing Enforcement Efforts Against Discrimination and Bias in Automated Systems

While state and federal agencies are developing regulations directly targeting automated decision-making systems, on April 25, 2023, the Consumer Financial Protection Bureau (CFPB), Justice Department (DOJ), Equal Employment… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Automation Systems, Bias

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Andrew Olek

United States Patent and Trademark Office Reduces Trademark Office Action Response Deadline

The United States Patent and Trademark Office (“USPTO”) announced that beginning on December 3, 2022, trademark applicants will have three months to respond to office actions issued by the USPTO. The current deadline is six… more

Deadlines, Trademark Office, Trademark Registration, Trademark Review and Adjudication Rules, Trademarks

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Berj Parseghian

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, EPA promulgated its highly anticipated final rule (the “Rule”) designating two types of PFAS – perfluorooctanoic acid (PFOA) and perflurooctanesulfonic acid (PFOS) – as hazardous substances under the… more

CERCLA, Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Jessica Peraza

New York State Medicaid Updates for 2024

Medicaid is a joint federal and state program that provides health coverage to millions of Americans. Federal law requires states to comply with certain minimum requirements, but New York is considered a maximum state in that it… more

Asset Protection, Cost-of-Living Adjustment (COLA), Gifts, Health Insurance, Healthcare

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Sarah Purpura

Reminder: Department of Labor Overtime Exemption Rule to Take Effect July 1, 2024

As we alerted on May 13, 2024, the Department of Labor (“DOL”) published its final rule (the “Rule”) on April 26, 2024, increasing overtime exemption compensation thresholds under the Fair Labor Standards Act. As the July 1,… more

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

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Mitchell Ream

Understanding New York Executive Law § 63 (12) and its Potential Impact on Businesses

Thanks to media attention to the case Attorney General Letitia James brought against former President Donald J. Trump, an obscure statute first enacted in 1956 has become a major point of interest for businesses operating in New… more

Disgorgement, Enforcement, Financial Institutions, Financial Statements, Fraud

See all updates »

Kenneth Rehns

Employers Take Note: Court Vacates Salary Threshold Increases for Exempt Employees

Last month, a federal district court in Texas invalidated the U.S. Department of Labor’s (“DOL”) April 2024 Final Rule (“Final Rule”), which would have raised salary thresholds for Executive, Administrative, and Professional… more

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

See all updates »

Brendan Rich

What the Supreme Court’s Decision in Castro-Huerta Means for Tribal Sovereignty

In Oklahoma v. Castro-Huerta, decided on the second to last day of the 2021-2022 term, the Supreme Court held 5-4 that Oklahoma had concurrent jurisdiction with the federal government over crimes committed by non-Indians against… more

Concurrent Jurisdiction, McGirt v Oklahoma, SCOTUS, Sovereign Immunity

See all updates »

Robert Riegel Jr.

Trust Issues: NLRB General Counsel Says No to Secretly Recording Bargaining Sessions

In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session. In a… more

Audio Recording, Collective Bargaining, Employee Privacy Rights, Enforcement Actions, Labor Relations

See all updates »

Suzanne Rohde

The Proposed OSHA Heat Standard: Key Changes and Responsibilities for Employers

Recently, the Occupational Safety and Health Administration (OSHA) officially published its long-awaited rule proposal to establish a workplace heat standard to address a leading cause of weather-related deaths in the U.S. The… more

Compliance, Employee Training, Employer Liability Issues, Health and Safety, Heat Exposure

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Michael Rossetti

Supreme Court Decides in Favor of Tribal Nations in Becerra v. San Carlos Apache Tribe

The U.S. Supreme Court’s June 6 decision is a victory for Tribal Nations, affording them new opportunities to recover contract support costs pertaining to healthcare programs. In Becerra v. San Carlos Apache Tribe, the… more

Becerra v San Carlos Apache Tribe, Contract Terms, Health Insurance, Healthcare, Indian Health Service (IHS)

See all updates »

Robert Rowe

Where's My Employee Retention Credit?

In the years since COVID-19 shut down the country, many businesses applied for the Congressionally-authorized Employee Retention Credit (ERC), a valuable relief program created during the pandemic to support businesses who kept… more

Audits, Employee Retention, Filing Requirements, Fraud, Government Agencies

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Joseph Schafer

FDA Regulation of CBD is TBD

After rounding out 2022 with a series of warning letters to companies selling products containing cannabidiol (“CBD”) the U.S. Food and Drug Administration (“FDA”) began 2023 by issuing a press release announcing its… more

Cannabidiol (CBD) oil, DEA, Farm Bill, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Bryan Shade

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act water… more

Biden Administration, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Government Agencies

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James Shannon

OMIG to Adopt New Fraud, Waste and Abuse Prevention Requirements

In the July 13, 2022 issue of the New York State Register, the New York State Office of Medicaid Inspector General (OMIG) published a proposed regulation that it will likely adopt this fall. The proposed regulation will add a… more

Audits, Compliance, Document Retention Policies, Fraud Abuse and Waste, Fraud Prevention

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Ian Shavitz

Climate Week NYC 2023: Key Takeaways and Insights on What’s to Come

Each year during the regular session of the United Nations (U.N.) General Assembly, the Climate Group—an international nonprofit that works to address climate change with government leaders and businesses—hosts Climate Week NYC… more

Clean Energy, Climate Action Plan, Climate Change, Endowment Funds, Environmental Policies

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Eliza Shea

SAFEs vs. Convertible Notes – Which is Better for an Early-Stage Company?

Our early-stage start-up clients often ask us about the difference between convertible notes and Simple Agreements for Future Equity (SAFEs). Each provides a way for companies to raise capital without the need to determine the… more

Capital Raising, Convertible Notes, Debt Instruments, Fundraisers, SAFE (Simple Agreement for Future Equity)

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David Siegfeld

Breaking Up is Hard to Do, Especially if You Want to Leave New York State

As the influx of New York residents depart to warmer and sunnier pastures in the South, they may be leaving their homes but not necessarily their obligation to the New York State Tax and Finance Department. There are many… more

Bonuses, Business Income, Domicile, Family Members, Financial Statements

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Karl Sleight

The Future of Monitorships

In 2008, then-President Barack Obama famously said, “Elections have consequences.” Seventeen years later that statement is still true. A change in administration at either the federal or state government level ushers in new… more

Anti-Money Laundering, Banking Sector, Compliance, Department of Justice (DOJ), Enforcement Actions

See all updates »

Laura Spring

What Employers Need to Know About Recent Changes to Affirmative Action Policies in the Workplace

On January 21, 2025, President Trump signed an Executive Order titled, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" ("Order"). The Order is mainly aimed at rescinding Executive Order 11246, which was… more

Affirmative Action, Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employees

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Ryan Stearns

Empire State Cannabis Update: Conditional Adult-Use Cultivation & Processor License Overview and Impact

On February 22, 2022, Governor Kathy Hochul signed a bill into law that will award conditional adult-use licenses to qualifying cultivators and processors who were licensed under New York’s Cannabinoid Hemp Program prior to… more

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

See all updates »

Sarah Steinmann

Hospital Administrators – Is Your Hospital Cyber-Secure?

On October 2, 2024, New York adopted new regulations requiring general hospitals to implement heightened cybersecurity safeguards. General hospitals, as defined in Article 28 of the NY Public Health Law, generally must begin… more

Annual Reports, Chief Information Security Officer (CISO), Compliance, Confidential Information, Cyber Incident Reporting

See all updates »

Michael Storck

FTC Enforces Section 8 of the Clayton Antitrust Act

It has been over 40 years since the Federal Trade Commission (“FTC”) has enforced Section 8 of the Clayton Act. Section 8 prohibits interlocking directorates among competing businesses, specifically referring to boards of… more

Antitrust Division, Competition, Consent Order, Enforcement, Federal Trade Commission (FTC)

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Joan Sullivan

The Future of Monitorships

In 2008, then-President Barack Obama famously said, “Elections have consequences.” Seventeen years later that statement is still true. A change in administration at either the federal or state government level ushers in new… more

Anti-Money Laundering, Banking Sector, Compliance, Department of Justice (DOJ), Enforcement Actions

See all updates »

Lauren Suttell

New Disclosure and Notice Requirements for New York Physician Practice Transactions

The 2023-2024 New York State budget has enacted significant new mandatory disclosure and notice laws for certain transactions involving physician practices and other health care organizations. This new law – Article 45-A of the… more

Acquisitions, Department of Health and Human Services (HHS), Disclosure Requirements, Health Insurance, Healthcare

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Charles Telford III

Looming Changes to Federal Estate & Gift Tax – Act Now!

Following the enactment of the Tax Cuts and Jobs Act in 2017, the federal estate and gift tax exemption was increased from $5.49 million per person to $11.18 million, which allowed for a substantial increase in what taxpayers… more

Estate Planning, Estate Tax, Gift Tax, Inflation Adjustments, IRS

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Jameson Tibbs

White House Urged to Implement its Artificial Intelligence Bill Of Rights: Implications for Government Contractors

As the use of artificial intelligence continues to dominate the news cycle, a group of 60 public interest organizations including the National Fair Housing Alliance, Public Citizen, the Brennan Center for Justice, and Consumer… more

ADEA, Algorithms, Artificial Intelligence, Biden Administration, Employment Discrimination

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Carmen Alexander Vacco

Prepare to Respond for the Coming Wave of Claims from Adult Survivor’s Act

In 2019, New York passed the Child Victims Act (“CVA”), which opened a two-year lookback window for survivors of childhood sexual abuse to file claims otherwise barred by the former statute of limitations. Earlier this year,… more

Bankruptcy Court, Crime Victims, Insurance Industry, New Legislation, New York

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Dennis Vacco

Understanding New York Executive Law § 63 (12) and its Potential Impact on Businesses

Thanks to media attention to the case Attorney General Letitia James brought against former President Donald J. Trump, an obscure statute first enacted in 1956 has become a major point of interest for businesses operating in New… more

Disgorgement, Enforcement, Financial Institutions, Financial Statements, Fraud

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Madelyn VanDorpe

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act water… more

Biden Administration, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Government Agencies

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Caroline Vilardo

Venture Capital: A Primer

Venture capital (VC) is a form of private equity and a type of financing where investors invest in early-stage companies which they believe to have long-term, highgrowth potential. Accredited investors, family offices,… more

Corporate Management, Due Diligence, Family Offices, Financing, Institutional Investors

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Andrea Vossler

Venture Capital: A Primer

Venture capital (VC) is a form of private equity and a type of financing where investors invest in early-stage companies which they believe to have long-term, highgrowth potential. Accredited investors, family offices,… more

Corporate Management, Due Diligence, Family Offices, Financing, Institutional Investors

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Christopher Walker

Florida State Legislature Passes Sweeping Affordable Housing Bill

On March 24, 2023 the Florida State Legislature passed and presented to Gov. DeSantis a sweeping housing bill which aims to provide significant support for affordable and workforce housing development and preservation for years… more

Affordable Housing, Florida, Incentives, Multi-Family Housing, New Legislation

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Andrew Wilson

USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to all… more

H-1B, Highly-Skilled Workers Visa, Lottery, Notice of Proposed Rulemaking (NOPR), Prevailing Wages

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