Blog
Complying with the Drug-Free Workplace Act
All employers have a vested interest in maintaining workplaces free from substance abuse and can use their employment policies to achieve this. Often, these policies invoke state or federal laws. However, only a fraction of U.S. employers are actually required to...
Winter Storm Impacts on Wage and Hour Issues
Regardless of what the groundhog sees on February 2nd, the impacts of winter on employers across the Northeast will be felt well into the spring. And to the surprise of some lawyers, the biggest legal questions regarding winter weather have more to do with how winter...
When to Register in a State – What Is the Definition of “Doing Business” in a State?
Even before the global pandemic forced unprecedented levels of work from home, companies around the U.S. had begun to reevaluate where their employees could best do their work. Their newfound flexibility brings new complexity as employers buy into the concept that...
First Shiloh Baptist Church Development – $73 Million Financing
We congratulate our client, First Shiloh Baptist Church, on the successful closing of $73 million dollars in financing for the renovation of the 281-unit Ellicott Town Center affordable housing development. Kavinoky Cook represented the First Shiloh housing ...
How the Valuation of Crypto-Based Startups is Impacted by Network Effects
While some investors chose to invest in cryptocurrencies based upon an understanding of the underlying technology and potential of their blockchain, others invest in crypto because they are following a trend and may not understand what drives the valuation of...
Exclusion of “Consequential Damages” – It’s Not a “Standard” Clause, and It Should Not Be Ignored
It is common in agreements of all kinds to see a clause where a party that is providing a product or service disclaims any liability for “consequential damages.” These clauses frequently are glossed over. They may be passed off as “standard” and part of “our normal...
Department of Labor’s Proposed New Rule on Independent Contractors
In late 2022, the U.S. Department of Labor (DOL) proposed to reinstate its multi-factor "economic reality" test to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). In doing so, the DOL proposed...
Proposed U.S. Ban on Non-Compete Clauses: What Are the Implications?
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, could potentially invalidate and largely prohibit the use of employee non-competes in the U.S. Currently, some estimate that non-compete agreements bar about 30...
Unpacking New SEC Insider Trading Rules for 2023
On December 14, 2022, the Securities and Exchange Commission (SEC) adopted amendments to Rule 10b5-1 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Rule 10b5-1 provides an affirmative defense to insider trading liability for individuals...
Maintaining FCRA Compliance When Running Background Checks on Employees
To ensure workforce safety and security, many employers routinely conduct background checks on candidates for employment. However, these seemingly protective actions can expose employers to significant litigation risk if done incorrectly. In fact, if you are thinking...
What Businesses Need to Know About the Safeguards Rule
When it was first established in 2003, the Federal Trade Commission’s (FTC) Standards for Safeguarding Customer Information — the Safeguards Rule — set out to ensure that covered entities maintained the security of customer information. As part of the larger 1999...
An Overview: NYS Data Security Breach Laws
In 2019, the New York Legislature strengthened its commitment to keeping New Yorkers’ personal information safe and secure. That year, the Stop Hacks and Improve Electronic Data Security (SHIELD) Act became law. This new consumer privacy law was put in place to...
Security Breach Liabilities: What to Do When You Get Hacked?
You have been hacked. Those are four words no business owner wants to hear. Whether hackers stole personal information from a server, an employee copied information from a drive, or customer information was inadvertently exposed on the internet, you need to know how...
Vetoed By the Governor – New York’s Independent Contractor Law
The Freelance Isn’t Free Act (the “Act”) was passed by the Legislature in June of 2022 and vetoed by the Governor in December of 2022. We have deleted the balance of this post.
What to Do When You Get a Letter From a Copyright Troll
We thought it might make sense to take a minute and talk about the phenomenon knowns as “copyright trolls.” Persons or companies looking for copyright infringement, sometimes known as “copyright trolls,” can be an unexpected and expensive problem. Similar to what has...
How Solar Panels on Commercial Property Affect Real Estate Tax Assessment
Solar power generation is on the rise, and, given the proliferation of the technology, virtually every property owner with a roof can get in on the action. Commercial property owners can benefit either by generating solar power for onsite consumption or for sale to...
What Is Founders Stock?
The term, "founders' stock" is often used in the start-up world. Founders’ shares are typically shares of common stock issued to founders and initial employees of a company very early in the process of forming and organizing the company. These shares can be issued...
Is it Easy Being Green? Demystifying SEC Climate Disclosure Rules
In the midst of the growing trend to invest in climate-forward and environmental, social, and governance (ESG) companies, the U.S. Securities and Exchange Commission (SEC) is once again taking steps to stay current. The SEC is considering passing climate-related...
The Coinbase Bankruptcy Disclosure: Are Your Assets Safe?
The press has been buzzing about Coinbase’s most recent 10-Q disclosure in its May 10, 2022, filing with the Securities and Exchange Commission (SEC). In the filing, Coinbase indicated that a bankruptcy court might treat its customers as unsecured creditors if a...
New Requirements for U.S. Entry at Land Ports and Ferry Ports
Beginning as of Saturday January 22, 2022, the Department of Homeland Security will require that individuals, who are not U.S. citizens, permanent residents (green card holders) or U.S. Nationals, must show proof of being fully vaccinated against COVID-19 when they...
Employers Obligation to Provide Employees with COVID-19 Sick Leave Endures into 2022
When is an employer in New York State required to provide a COVID-19 Sick Leave to an employee? As 2022 dawns and the COVID-19 pandemic continues (along with the expansion of COVID-19 cases due to the omicron variant), employers in New York State still have an...
Are Oral Contracts Legally Binding (in NYS)?
An arrangement can be as simple as a handshake agreement or an oral understanding over coffee. When two parties form an agreement without written documentation, is that agreement legally binding? The answer, generally, is yes, unless the agreement is required to be...
An Overview of Email Marketing – the CAN-SPAM Act
Businesses use email marketing to engage prospects, clients and customers on a regular basis. If you’re one of these businesses, you should have some familiarity with the laws governing email marketing. Specifically the The CAN-SPAM Act, a law that establishes rules...
Can an Employer Mandate COVID-19 Vaccinations?
With vaccinations for COVID-19 now readily available and with the Pfizer vaccine fully approved for use by the Food and Drug Administration, employers are considering whether they can (or should) impose a vaccination requirement on their employees. The simple legal...