The Risks of Simplicity: Understanding Transfer on Death Deeds in New York
For high-net-worth individuals and families in New York, the landscape of real estate succession has shifted over the past year. With the enactment of Real Property Law Section 424 the state introduced an instrument known as the transfer on death deed. This tool has been promoted as a modern, low-cost way to bypass the probate process, but it does not effectively replace a traditional estate...Read More
New York’s Challenge to NLRB: A Dual Regulatory Dilemma
Employers in New York State must pay close attention to the unfolding jurisdictional conflict between the state and the federal government over the government administration of labor relations law and employee rights to organize and engage in free speech. A recent legislative maneuver by New York, coupled with a swift response from the National Labor Relations Board (NLRB), has created an...Read More
Navigating the Post-Loper Bright Era: A New Frontier for Employment Litigation Strategy
A recent federal court decision concerning an EEOC right to sue letter has profound implications for corporate decision-makers, signaling a critical shift in how federal employment discrimination statutes are interpreted. The case, Prichard v. Long Island University, represents one of the first judicial applications of the U.S. Supreme Court’s landmark 2024 decision in Loper Bright Enters. v....Read MoreAn Overview of NYSDOH’s Revised Certificate of Need Regulations
Effective August 6, 2025, the New York State Department of Health (NYSDOH) adopted revisions to the Certificate of Need (“CON”) regulations for healthcare facility construction under Title 10, Part 710 of the New York State Codes, Rules and Regulations (“NYCRR”). The revisions are aimed at loosening the regulatory requirements governing the establishment and renovation of health care...Read More
Navigating New York State Environmental Regulations: A Strategic Imperative for Corporate Leaders
Corporate decision-makers in New York State face new environmental regulatory challenges. While federal policy has decidedly shifted toward environmental deregulation, New York’s environmental regulators have taken a divergent path, recently enacting some of the nation’s most aggressive regulations. This disparity places corporations in the position of navigating through a legal and...Read More
A New Era for Municipal Cybersecurity: New York’s Chapter 177 Mandate
New York State has taken a decisive step to strengthen its digital defenses with the enactment of Chapter 177 of the Laws of 2025. This legislation addresses the impact of ransomware attacks that have increasingly targeted local governments. For municipal leaders and IT professionals, this law is a clear signal that cybersecurity is becoming a core responsibility of public service. New...Read More
Property Owners and Developers Need to Understand New York’s Revised Wetlands Regulations
The New York State Department of Environmental Conservation (DEC) recently enacted significant changes to its freshwater wetlands regulations. These updates demand immediate attention from owners, developers and site contractors. The changes became effective January 1, 2025. Prior to these revisions, those seeking to ascertain whether development plans might be impacted by the presence of DEC...Read More
Recent Tariffs Impact Construction Project Costs
Recent changes in trade policy, particularly the imposition of tariffs on construction materials, have introduced significant new challenges for construction firms. As management, you’re likely grappling with the immediate question: how will tariffs affect the costs of construction projects already in progress, especially when it comes to projects with pre-existing, fixed-price...Read More
Three Key Changes to Breach Notification Law
The New York General Business Law § 899-aa, also known as, the New York Stop Hacks and Improve Data Security Act (“SHIELD Act”), was amended in three key aspects: (1) a new 30-day breach notification timeframe, (2) a new notice requirement for New York Department of Financial Services (“DFS”) regulated entities, and (3) an amended definition of “Private Information.” The SHIELD Act requires...Read More
Proposed 30-Month Medicaid Lookback Period in New York State– What It Could Mean for Community-Based Long-Term Care Recipients
New York State has proposed significant changes to Medicaid that could have major implications for individuals applying to receive home care or assisted living services. Originally expected to be implemented in March 2025, New York’s 30-month Community Medicaid lookback period for non-institutionalized has not yet received final federal approval, but applicants should nevertheless prepare for...Read MoreTrump’s Executive Order Seeks to Ban Gender Affirming Care
On January 28, 2025, President Trump signed Executive Order 14187 under the title “Protecting Children From Chemical and Surgical Mutilation.” Under this EO, the federal government “will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering...Read More