News
In Zdunski v. Erie 2-Chautaiqua-Cattaraugus BOCES, No. 22-547 (2d Cir. Mar. 13, 2023), the U.S. Court of Appeals for the Second Circuit rejected the claim of a terminated employee that he was unlawfully discriminated against based on religion when he refused to attend mandatory LGBTQ anti-discrimination and bias training. The district court found that the…
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New Jersey Court Holds that an Employee Terminated for Disciplinary Reasons not entitled to Payout of PTO On February 22, 2023, the Superior Court of New Jersey Appellate Division ruled that a hospital employee discharged for disciplinary reasons was not entitled to payment of accrued paid time off (PTO) because the hospital had an express…
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Pre-action discovery allows a plaintiff to obtain discovery prior to the commencement of an action to preserve information or aid the plaintiff in bringing an action. Obtaining the identity of the person to whom the complaint should be brought may necessitate the need for pre-action discovery. In order to obtain court-ordered pre-action discovery to identify…
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On February 22, 2023, the United States Supreme Court held that certain highly compensated employees are entitled to overtime under the Fair Labor Standards Act (“FLSA”) if they are not paid on a salary basis. In Helix Energy Solutions Group, Inc. et al. v. Hewitt, 598 U.S. __ (2023), an oil rig supervisor earning over…
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Governor Hochul and New York State’s decision to ban cryptocurrency mining could be detrimental to innovation and will likely impede efforts to regulate the blockchain industry. Gov. Kathy Hochul executed a draconian ban on cryptocurrency mining. Hochul’s rationale is primarily based on concerns about the high energy consumption of the mining process, despite many other…
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In the face of a dramatic emergency, details are sacrificed to expediency, and what may seem like an insignificant detail can swell over time into a major blunder. One such potential blunder concerns some poorly chosen words in Governor Andrew Cuomo’s Executive Order No. 202.8 dated March 20, 2020. It provided: “In accordance with the…
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A real estate developer purchases an underutilized lot and seeks to either extend the existing structure or demolish it and build a new structure to maximize its square footage. To do this, architects and engineers are engaged and building plans are prepared. The building department reviews the plans and approves them, but before the developer…
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At its most basic level of divergence: Litigation is public and Arbitration is private, not unlike the difference between the United States Postal Service and FedEx. Both provide dispute resolution, but the private one allows you to spend more on better (or at least faster) service. Litigation is the default setting for dispute resolution. If…
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How long do SEC investigations take? First, we need to understand them. Simply stated, an SEC investigation is an inquiry by the United States Securities and Exchange Commission (SEC) to determine whether there has been a violation of federal securities laws. The SEC can investigate any person or entity it believes may have violated securities…
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