On October 19, 2021, New York State’s Department of Labor (NYSDOL) updated its initial guidance to employers – itself issued only days earlier – concerning the legalized use of cannabis and the workplace.
In a Twitter announcement on October 15, the White House announced that the U.S. will introduce a new travel policy that will begin on November 8, permitting foreign nationals access to the United States provided they have been fully vaccinated with ‘very limited exceptions’ to its vaccination requirements.
On Friday, October 1, the State Department announced that the dates for this year’s Diversity Visa (DV) Lottery filings will officially open on Wednesday, October 6 at noon, eastern daylight time (EDT).
On September 30, 2021, Partner and Chair of the Construction Practice, David Pfeffer authored the article, “Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse” featured in Construction Executive.
On September 20, 2021, the Biden administration announced that it would be relaxing its restrictions on the entry of foreign nationals to the United States commencing in November 2021.
On September 15, 2021, Partner and Chair of the Healthcare and Pharmacy Law Practice, Steve Polyakov presented on healthcare agreements for a group of physicians at Staten Island University Hospital.
One of the many lasting impacts of the COVID-19 pandemic is the lengthy tolling of statutes of limitations and legal deadlines.
As previously reported, under the New York State Health and Essential Rights Act (HERO Act) (which was signed into law on May 5, 2021), the New York State Department of Labor (DOL), in cooperation with the New York State Department of Health, published The Airborne Infectious Disease Exposure Prevention Standard (Standard) on July 6, 2021.[1
The Occupational Safety and Health Administration (OSHA) is developing a rule requiring employers with 100 or more employees to ensure workers are fully vaccinated against COVID-19 or test negative for COVID-19 at least once a week before physically showing up to work.
The Centers for Disease Control and Prevention (CDC) has mandated that all green card applicants for adjustment of status in the United States and immigrant visa applicants applying abroad at consular posts be vaccinated against COVID-19.
Since the Supreme Court approved the Federal Circuit’s formulation in 2011, the words necessary to effectuate an assignment of intellectual property from an employee to an employer has been clear.
Congress has mandated that in a given calendar year, 140,000 employment-based green cards will be awarded to companies sponsoring foreign nationals for permanent employment in the United States.
It appears that Presidential Proclamation 10143, which suspended direct travel to the U.S. from the Schengen countries, UK, Ireland, South Africa, Brazil, Iran, China and India will remain in place for the time being, according to the administration.
Amy B. Goldsmith, Partner and Chair of the Privacy and Cybersecurity Group, published an article in the NYSBA Corporate Counsel Section titled, “Battle of Tech Titans: Google LLC v. Oracle America, Inc.,”.
U.S. Citizenship and Immigration Services (USCIS) announced a recent change to its policy related to rescheduling biometrics appointments.
On July 27, 2021, the Center for Disease Control and Prevention (CDC) updated its guidance When You’ve Been Fully Vaccinated given new evidence on the B.1.617.2 (Delta) variant.
Tarter Krinsky & Drogin’s managing partner Alan Tarter and special projects coordinator Elizabeth Yasny co-authored the article titled, “Eruption From Disruption: Unique Opportunities for Midsize Firms in Tumultuous Times,” featured in Law.com’s Mid-Market Report and The New York Law Journal (subscription required).
On July 6, 2021, the New York State Department of Labor (DOL) published The Airborne Infectious Disease Exposure Prevention Standard (Standard). The Standard applies to most private employers, regardless of size, with worksites located in New York State.
On July 6, 2021, the U.S. Department of State announced that it was extending the validity of National Interest Exceptions (NIE) for 12 months from the date of approval, and for multiple entries, as long as they are used for the purpose under which they were granted. NIE affects travelers subject to Presidential Proclamations pertaining to the spread of COVID – 19.
On June 28, 2021, Partner and Chair of the Healthcare and Pharmacy Law Practice, Steve Polyakov authored the Law360 article, "Navigating New York Laws on Corporate Practice of Medicine." The article discusses the legal implications of New York laws affecting professional medical corporations and physicians licensed in New York.
The Occupational Safety and Health Administration (OSHA) passed its COVID-19 Healthcare Emergency Temporary Standard (ETS) for healthcare-based businesses. The ETS requires employers to implement a COVID-19 plan to protect their workers from the virus.
On May 10, 2021, USCIS revived the International Entrepreneur Rule (IER), announcing it was withdrawing a 2018 proposed rule to eliminate the IER in response to President Biden’s Executive Order (EO 14102, “Restoring Faith in our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans”).
On June 11, 2021, Governor Andrew M. Cuomo signed Senate Bill S6768 amending certain provisions of the New York Health and Essential Rights Act (Act), in the New York Labor Law, relating to preventing occupational exposure to an airborne infectious disease.
On May 24, 2021, the U.S. Department of State announced that it was working together with the U.S. Department of Homeland Security to facilitate the return from abroad of those U.S. citizens holding expired passports.
Earlier this month, the CDC changed its guidance regarding when fully vaccinated individuals could safely and appropriately be indoors and outdoors without nose and mouth coverings.
Congress passed the CASE Act (Copyright Alternative in Small-Claims Enforcement Act of 2020) in December of 2020, which included authorization for the Copyright Office to establish a three-member tribunal called the Copyright Claims Board (CCB).
Mylan Inc. & Subsidiaries v. Commissioner of Internal Revenue (U.S. Tax Court April 27, 2021)
The Biden administration has announced its support of a temporary waiver on intellectual property protections on COVID-19 vaccines, partially reversing its earlier opposition.
On May 6, 2021, The Commercial Observer's virtual construction safety forum brought together leading companies in development, construction, architecture, engineering and law, and top public officials and city agencies to explore emerging health and safety trends, procedures, and policies and integrate them into practice to improve project performance.
On April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual in a Policy Alert to reinstate its policy of giving deference to prior determinations when adjudicating extension-of-stay requests relating to nonimmigrant visa petitions. This policy update generally restores the USCIS 2004 deference policy, which was rescinded in 2017.
The question of fair use has been the subject of many notable court decisions, including one recent one from the Second Circuit Court of Appeals holding that Warhol’s use in the artwork of Lynn Goldsmith’s photographs wasn’t transformative and hence didn’t qualify for the fair use defense (see our alert on that decision here).
One of the biggest frustrations for brand owners is seeing their products sold through unauthorized distribution channels such as on the Amazon Marketplace. Carefully controlled brand experiences and minimum advertised pricing policies can be destroyed when unauthorized sellers offer the brand owner’s products.
The Corporate Transparency Act (CTA) enacted in January 2021 as part of the National Defense Authorization Act establishes new requirements that will mandate the disclosure and reporting to the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN) of beneficial ownership interests in corporations, limited liability companies, and many other corporate entities.
The temporary work travel ban implemented by the prior administration in the summer of 2020 expired on Wednesday, March 31.
Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince.
NFTs Are Poised to Revolutionize the Creative Industries
A change in state law that takes effect this month now requires New York residential landlords to distribute disability accommodation notices to all current tenants by April 1, 2021, and to all new tenants within 30 days of beginning their tenancy.
In August 2019, U.S. Citizenship and Immigration Services (USCIS) introduced the Public Charge Final Rule, which required applicants for adjustment of status in the United States to submit Form I-944, ‘Declaration of Self-Sufficiency’, with supporting evidence.
On March 22, 2021, Partner and Co-Chair of Biologics Practice and China Practice Philip Braginsky co-authored the article, " Building Effective Intellectual Property Strategies Into Pharma M&A," featured in Patentography.
On March 2, 2021, the U.S. Department of State announced further tightening of its COVID-19 restrictions for foreign nationals present in the Schengen areas of Europe, the United Kingdom, and Ireland. Anthony Blinken, the Secretary of State rescinded prior guidance by the State Department granting “national interest exceptions” to the travel restrictions for senior level managers and executives, technical experts, professional athletes, and E visa treaty traders and investors.
On March 12, 2021, Governor Cuomo signed legislation granting employees with paid time off to receive their COVID-19 vaccination.
On March 11, 2021, Governor Cuomo announced that domestic travelers will no longer be required to quarantine after entering New York State from another U.S. State or U.S Territory starting April 1, 2021 (unless they have been exposed to COVID-19).
Effective March 9, 2021, U.S. Citizenship and Immigration Services (USCIS) has temporarily conferred Venezuelan citizens with eligibility to file for Temporary Protected Status (TPS) through September 5, 2021. TPS designation runs through September 9, 2022. The Deferred Enforced Departure (DED) program for eligible Venezuelans expires July 20, 2022.
On March 8, 2021, the Centers for Disease Control and Prevention (CDC) issued its first set of public health recommendations for fully vaccinated people: Interim Public Health Recommendations for Fully Vaccinated People.
The U.S. Food and Drug Administration (FDA) recently opened an application portal for a Voluntary Qualified Importer Program (VQIP) for fiscal year 2022.
Recognizing that many employee benefit plan participants and beneficiaries continue to struggle with ongoing challenges relating to the COVID-19 pandemic’s ongoing nature, the U.S. Department of Labor (DOL) recently issued guidance that continues relief for employee benefit plans.
On February 24, President Biden issued a Proclamation revoking the immigrant visa ban that suspended foreign nationals’ entry to the United States in immigrant visa categories. Immigrant visas are issued exclusively at consular posts abroad to foreign nationals immigrating permanently to the United States. These individuals might be sponsored by family members or U.S. employers. In addition, the revocation also affects the thousands of Diversity Lottery applicants located outside the United States.
Tucked within the 5,593-page Consolidated Appropriations Act, 2021 (ACT) are several important intellectual property bills that Congress had been unable to pass separately for years. Below is a summary of the more significant provisions, including information from the United States Patent and Trademark Office (USPTO) about implementing some new trademark procedures.
On Friday, February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced the dates for this year’s H-1B pre-registration filing period.
Anchin’s Future Forward 2021 Conference brought together major players in the construction community to discuss the future of development and design in New York City. On February 9, Construction Partner and Chair David Pfeffer moderated the panel, “How COVID will Permanently Impact Office Design and Workplace Strategies of the Future.”