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
Neville et al. v. Snap, Inc.: A Potential Game-Changer for the Social Media Free Speech Debate
The digital realm is constantly evolving, and with it, the legal framework that governs online interactions. Now a California lawsuit, Neville et al. v. Snap, Inc., is challenging the long-held understanding of the protections provided to owners of social media platforms by Section 230 of the Communications Decency Act of 1996. Beyond fueling debates surrounding social media and free speech, a...Read More
Arbitration Clauses in Contracts: Are They Fair for Workers?
Arbitration clauses are increasingly common in employment contracts, requiring disputes to be resolved through private arbitration instead of the traditional court system. While proponents argue that arbitration is efficient and cost-effective, critics contend that it can be a powerful tool for large corporations to avoid accountability by limiting workers’ rights and access to justice....Read More