Our Top 10 Legal Alerts from 2019

January 15, 2020

As we start a new year, we would like to share with you some of our most popular legal alerts from 2019.

Our top-read alerts range from construction, labor & employment, tax, immigration, trusts & estates, cooperatives & condominiums, real estate, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

1. New York Court Grants Permission to Underpin Through RPAPL §881 Proceeding
On February 26, 2019, Justice Melissa Crane of the New York Supreme Court granted a developer the right to underpin (i.e. permanently encroach upon the foundation of an adjacent property) in her ruling on the developer's RPAPL §881 proceeding. Read more.

2. USPTO Announces New Rule Requiring Foreign Trademark Filers to Appoint an Attorney Licensed in the United States
The United States Patent and Trademark Office announced a new rule that all trademark applicants and registrants whose domicile or principal place of business is not located within the United States must be represented by an attorney who is an active member in good standing of the bar of the highest court of a state in the United States. Read more.

3. They're Out! New York Department of Labor Tosses Proposed "Call-In Pay" Regulations Following Public Outcry
The New York State Department of Labor announced that, as of March 1, 2019, it will not implement proposed regulations concerning "call-in," "just-in-time" or "on-call" scheduling requirements - more commonly known as the "predictive scheduling regulations" - that would have affected most employers throughout the state. Read more.

4. Proposed Regulations Put the Opportunity in Qualified Opportunity Zones
A positive development resulting from the 2017 tax legislation has been offering taxpayers a limited-time opportunity to defer gain on the sale of assets, reduce the gain when finally recognized and even eliminate gain on certain new investments. This is all made possible under the 2017 Tax Act by investing in "Qualified Opportunity Zones." Read more.

5. How The SECURE Act Will Affect Your Retirement Accounts
The SECURE Act was enacted into law and became effective on January 1, 2020. The Act makes significant changes to the existing landscape of retirement accounts, including the age at which retirees must take their Required Minimum Distribution. Read more.

6. USCIS Announces Plan to Reduce Wait Times for Citizenship and Green Card Interviews in United States
On June 17, 2019, U.S. Citizenship and Immigration Services announced it is embarking upon a strategy to decrease processing times based on location for applications for U.S. citizenship and applications for adjustment of status. Read more.

7. Employers of Home Health Aides Can Sleep Easy Tonight - The "13-Hour Rule" Has Been Upheld!
In its decision issued March 26, 2019, the New York State Court of Appeals affirmed the DOL's 13-hour rule. We can hear employers state-wide sighing with relief. Read more.

8. Commercial Tenancy Contract Disputes: The New York Court of Appeals Curtails the Ability of Commercial Tenants to Seek a Yellowstone Injunction
For approximately 50 years, commercial tenants in New York facing potential action for breach of lease and possible eviction have enjoyed the use of a so-called "Yellowstone injunction," which, if granted by the court, froze the contractual cure period under a lease governed by New York law. Read more.

9. Newly Released USCIS Data Confirms Increase in Number of Requests for Evidence and Denials of Non-Immigrant Visa Petitions
U.S. Citizenship and Immigration Services recently provided updated data showing there has been a decline in approvals and higher rates of requests for evidence for several key employer-sponsored non-immigrant visa categories. Read more.

10. New York State Appellate Court Decision Puts Many Co-ops' Ability to Recover Attorneys' Fees in Jeopardy
In late 2018, the New York State Supreme Court, Appellate Division, First Department issued a decision regarding the enforceability of an attorneys' fees provision in a Manhattan cooperative's proprietary lease. Read more.

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Name Title Direct Dial Vcard
Ben-Ami, Andrew R. Partner and Chair of Tax Practice Partner and Chair of Tax Practice 212.216.8025 VCard
Bernstein, Debra Bodian Partner Partner 212.216.8027 VCard
Drogin, Laurent S. Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice 212.216.8016 VCard
Freedman, Robert M. Partner Partner 212.216.8066 VCard
Greenberg, Lester A. Counsel Counsel 212.216.8033 VCard
Gruttadauria, Alexis R. Associate Associate 212.216.1108 VCard
Hershberg, Jonathan S. Counsel Counsel 212.216.8009 VCard
Levine, Roxanne H. Partner Partner 212.216.1122 VCard
Lutzky, Barry I. Partner Partner 212.216.8068 VCard
Molinari, Guy Partner and Chair of Corporate and Securities Group Partner and Chair of Corporate and Securities Group 212.216.1188 VCard
Palumbo, Joann T. Counsel Counsel 212.216.8015 VCard
Rosenberg, Mark J. Partner and Chair of Reputation Management Practice Partner and Chair of Reputation Management Practice 212.216.1127 VCard
Troup, Steven Of Counsel Of Counsel 212.216.8020 VCard
Tumulty, Christopher Partner Partner 212.216.8096 VCard

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