Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019

June 25, 2019

As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019.

Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, 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. 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.

3. 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.

4. 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.

5. Important H-1B Business Immigration Updates on Pre-Registration Requirements and Premium Processing
U.S. Citizenship and Immigration Services has updated its H-1B pre-registration policy for the upcoming cap season and clarifies new developments related to H-1B processing. Read more.

6. 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.

7. 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.

8. Copyright Clarity from the U.S. Supreme Court
The U.S. Supreme Court recently decided two cases that have major implications in the copyright area: (1) a copyright registration is required in order to sue for copyright infringement; and (2) expert witness fees, e-discovery costs and jury consulting expenses are not recoverable, even in a successful copyright litigation. Read more.

9. New Developments Regarding the H-1B Cap Filing Process for 2020 Fiscal Year Filing
Until this past year, it was unusual to receive challenges from the government concerning H-1B petitions where the education of the foreign national related to the job offered by the U.S. employer. Now, it is much more common for USCIS to issue a lengthy, demanding and detailed RFE with the increased likelihood of a denial. Read more.

10. New York State Appellate Court Decision Puts Many Co-ops' Ability to Recover Attorneys' Fees in Jeopardy
Late last year, the NYS Supreme Court, Appellate Division, First Department issued a decision regarding the enforceability of an attorneys' fees provision in a Manhattan cooperative's proprietary lease, finding that the attorneys' fees provision was unenforceable, regardless of whether the co-op was or was not in default. 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
Goldsmith, Amy B. Partner and Chair of Privacy and Cybersecurity Group Partner and Chair of Privacy and Cybersecurity Group 212.216.1135 VCard
Hershberg, Jonathan S. Counsel Counsel 212.216.8009 VCard
Levine, Roxanne H. Partner Partner 212.216.1122 VCard
Molinari, Guy Partner and Chair of Corporate and Securities Group Partner and Chair of Corporate and Securities Group 212.216.1188 VCard
Troup, Steven Of Counsel Of Counsel 212.216.8020 VCard
Tumulty, Christopher Partner Partner 212.216.8096 VCard

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