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

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

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

Over the last several years litigation relating to bed bugs has resulted in many decisions by our Courts.  The proceedings raised issues relating, among others, to the warranty of habitability; causal connections; duty to mitigate and remediate; abatement of rent; right of access; cost sharing and shifting; proof of injury; and the scope of legally-cognizable… Read more

On June 30, 2017, the United States Department of Labor (“DOL”) told the Fifth Circuit Court of Appeals that it plans to revise the 2016 Final Rule (“Final Rule”) that set forth the salary level for employees to qualify for overtime exemption under the Fair Labor Standards Act (“FLSA”). In its brief, the DOL requested… Read more

The United States Department of Labor (“DOL”) announced on June 27, 2017 that it will reinstate issuance of Opinion Letters by its Wage and Hour Division to assist employers and employees in interpreting laws such as the Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). These opinion letters will replace… Read more

On June 19, 2017, the United States Supreme Court issued a landmark decision in Matal v. Tam, 582 U.S. ____ (2017), unanimously holding the disparagement clause in the Lanham Act unconstitutional on the ground that it violates the First Amendment.  This decision upends over 70 years of practice under Lanham Act § 2(a) (15 U.S.C…. Read more

In November 2016, Florida voted to make medical marijuana legal by approving the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2 [1]. The amendment expanded what was once a very narrow right in Florida for certain individuals to be treated with low dose THC cannabis. Amendment 2 allowed six months for the Department… Read more

New York City enacted a package of “Fair Workweek” laws (the “Laws”) designed to ensure that fast food and retail workers are given predictable schedules and paychecks. According to Mayor Bill de Blasio, workers in these industries have been subjected to unfair and inconsistent scheduling practices, leaving the employees with a lack of clarity of… Read more

Many people neglect to review their Wills, which often can have devastating results. We have advised clients that have found themselves in unfortunate situations and needed legal advice and counsel to deal with the consequences of an outdated will. Recounting a recent experience – When did I last review my Will? 1997. Yes, I remember… Read more