Mar 7, 2017

ACA Repeal-and-Replace Bill Released

On Monday, March 6, 2017, the Energy and Commerce Committee and the Ways and Means Committee of the U. S. House of Representatives released the American Health Care Act (the “Act”), which would repeal and replace portions of the Patient Protection and Affordable Care Act (the “ACA”). Notable provisions in the Act that would affect… Read more


Mar 1, 2017

Cooperative Transfers to Family Members

Cooperative Directors and Managers: The New York Court of Appeals recently issued its decision in the case of Del Terzo v. 33 Fifth Avenue, which had been moving through the New York courts for four and half years. The decision is significant because it establishes statewide limitations on the exercise of board discretion in many… Read more


Feb 28, 2017

IRS Publishes New Guidelines on 401(k) Hardship Distributions

The IRS has published substantiation guidelines for documenting safe-harbor hardship distributions from a 401(k).  It provides what an IRS examiner would request on an audit to substantiate that a 401(k) plan hardship distribution is “deemed to be on account of an immediate and heavy financial need” under safe-harbor standards. Note that the guidance does not… Read more


Feb 23, 2017

FYI – לידיעתך

This is a true story. The names have been changed for purposes of confidentiality. I debated with myself about whether or not to write a newsletter piece on this transaction. However, the matter was of such a nature, and the consequences so dramatic, that the story needed to be shared. What was at stake was… Read more


Feb 1, 2017

U.S. Patent and Trademark (PTO) Office Rules and Regulations Change

The PTO has amended its rules, effective February 17, 2017, with respect to the examination of affidavits/declarations of continued use in commerce/excusable nonuse filed pursuant to Sections 8 and 71 of the Trademark Act. Under the new rules, the PTO may require submission of information, exhibits, affidavits or declarations, and such additional specimens of use… Read more


Feb 1, 2017

New York DFS Issues First in the Nation Cybersecurity Regulation

The New York Department of Financial Services (“DFS”) recently issued proposed cybersecurity requirements for financial services companies.  The proposed regulation would be codified at 23 NYCRR 500, and would be effective March 1, 2017. This action, which places New York squarely in the vanguard of US regulators, will have wide-ranging effects given the number of… Read more


Jan 30, 2017

Is your Company’s Drug Testing Policy compliant with OSHA’s New Rules?

Authored by Darren Rowles and Scott Cahalan Occupational Safety & Health Administration (“OSHA”) requires that employers inform employees about how to report occupational injuries and illnesses.[1]  OSHA recently updated its rules to clarify that the reporting method required by employers must include (1) a “reasonable procedure” for employees to report work-related injuries and illnesses, and… Read more


Jan 26, 2017

Court of Appeals #12

The Court of Appeals started the 2016/2017 Term with the issuance of a far-ranging assortment of decisions addressing the standing of an unmarried partner to seek custody or visitation privileges, in the absence of a biological or adoptive relation to the child; whether the acquisition of a note was champertous; the obligation of a youth… Read more


Jan 19, 2017

Attorney Fees Awards in Lanham Act Cases

On October 24, 2016 the Ninth Circuit joined the Third, Fourth, Fifth and Sixth Circuits in applying the fee-shifting ruling of Octane Fitness LLC v ICON Health & Fitness Inc, 134 S Ct 1749 (2014), to a Lanham Act case – SunEarth Inc v Sun Earth Solar Power Co, DC 4:11-cv-04991-CW (9th Cir 2016). The… Read more


Dec 27, 2016

District of Columbia Council Approves Paid Family Leave

On December 20, 2016, the District of Columbia Council in a 9-4 vote approved one of the nation’s most generous paid family and medical leave laws. The Universal Paid Leave Amendment Act of 2016 (the “Act”) establishes a paid family and medical leave system for private sector employees within the District of Columbia. The Act… Read more