Oct 12, 2017

U.S. Copyright Office Changes from Paper-Based System to Electronic System for DMCA Safe Harbor Agent Designations; Deadline to Submit Electronic Form is December 31, 2017

Copyright Dictionary

The Digital Millennium Copyright Act (‘‘DMCA’’) contains an important safe harbor provision for online service providers that  helps protect them from liability for copyright infringement for material posted on their services by their users. The safe harbor provision provides that an administrator of a website or other online service will not be held liable for… Read more


Oct 11, 2017

New 2018 Requirements for Condominiums and Cooperatives

Central Park West NYC

The New York City Council and the New York State Legislature have recently passed legislation subjecting cooperatives and condominiums to new compliance and reporting requirements.  Although these requirements do not go into effect until 2018, cooperative and condominium boards and their managing agents should be aware of them. Smoking On August 28th Mayor De Blasio… Read more


Sep 14, 2017

IRS Provides Relief for Victims of Hurricane Irma

Hurricane Image

The IRS has announced that 401(k) and similar retirement plans may make hardship and loan distributions to victims of Hurricane Irma and members of their family who live and work in the disaster areas noted by FEMA as areas designated for individual assistance, which currently include the U.S. Virgin Islands, Puerto Rico and certain counties… Read more


Sep 7, 2017

Should You Evacuate Your Workplace During Hurricane Irma?

Hurricane Damage

During your preparations for the oncoming Hurricane Irma, you may be trying to decide whether to leave some employees in place at your facility, or to evacuate the entire workforce.  The question may be asked, what does the law require?  Like so many other questions during an emergency, the answer likely is:  “good judgment.” There… Read more


Sep 6, 2017

North Carolina Law Seeks to Coordinate Misclassification Investigations to Increase Enforcement

1099 Tax Form

On August 11, 2017, North Carolina Governor Roy Cooper signed into law the North Carolina Employee Fair Classification Act (the “Act”).  Effective on December 31, 2017, the Act creates the Employee Classification Section of the North Carolina Industrial Commission.  The Employee Classification Section will receive and investigate reports by employees alleging misclassification as independent contractors… Read more


Sep 5, 2017

IRS Provides Relief for Victims of Hurricane Harvey

Hurricane Harvey flood damage

The IRS has announced that 401(k) and similar retirement plans may make hardship and loan distributions to victims of Hurricane Harvey and members of their family who live and work in the disaster areas noted by FEMA as areas designated for individual assistance.  In addition, the IRS has relaxed the procedural and administrative rules that… Read more


Aug 30, 2017

DOL Fiduciary Rule Proposed to Be Delayed Again

Financial-Advisor

The Department of Labor (“DOL”) announced that it officially proposed delaying the effective date of the portions of its new fiduciary rule (the “Rule”) to give it more time to consider possible changes to the Rule. As background, on April 8, 2016, the DOL published a final rule greatly expanding the definition of a “fiduciary”… Read more


Jul 31, 2017

Preparing for the New EEO-1 Report

employee salaries

In 2016, the Equal Employment Opportunity Commission (“EEOC”) announced that the EEO-1 Report would now require covered employers to provide wage and hour information, in addition to demographic information, for employees.  Employers will choose one pay period to count employees by job category, sex, race or ethnicity.  The new report must contain each employee’s annual… Read more


Jul 26, 2017

The Use of Sovereign Immunity as a Defense in AIA Proceedings

patent law

Recent decisions by the Patent Trial and Appeal Board (PTAB) have given state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings in certain scenarios.  The first decision from the PTAB, which came earlier this year, resulted in three IPR petitions filed by Covidien LP being dismissed… Read more


Jul 20, 2017

Court of Appeals #13

Court of Appeals

The 2016/2017 Term of the Court of Appeals ended “not with a bang but a whimper” — that is to say, without any “blockbuster” rulings. The decisions of the last several months ran the gamut of civil litigation claims — from promissory estoppel; the damage element of a fraudulent inducement claim; New York jurisdiction to… Read more