The Bottom Line The Guaranty Law, enacted on May 26, 2020, provides strong protection to personal guarantors of commercial leases in New York City.While subject to an ongoing legal challenge, the Guaranty Law currently prevents certain commercial landlords from recouping unpaid rental arrears Continue Reading
New York Whistleblower Statute Amended to Significantly Expand Worker Protections
New York Governor Kathy Hochul signed Senate Bill S4394A on October 28, 2021, significantly expanding protections under New York’s whistleblower statute, New York Labor Law Section 740. Section 740 previously prohibited New York employers from retaliating against employees who disclosed or Continue Reading
New Requirements for NYC Employers as Omicron Spreads
Update On December 15, 2021, the New York City Health Commissioner issued a Workplace Vaccination Order explaining the City’s vaccination mandate for private businesses. Additional information on the new requirements can be found on the NYC Health Department website and in FAQs. The Continue Reading
You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions
The Bottom Line Courts will look to product packaging and advertising as a whole when evaluating whether those materials can support a false advertising or deceptive trade practices claim, unless the package or advertisement includes a prominent statement or description that is unambiguously Continue Reading
Practical Law | Trademark Laws: New York
Super Lawyers Honors 23 Davis+Gilbert Attorneys in New York Metro Area
Davis+Gilbert’s attorneys have, once again, been selected into New York Metro Super Lawyers and New York Metro Rising Stars annual lists. In this year’s Super Lawyers list, 11 attorneys have been recognized for 10 consecutive or more years: Gerald R. Uram for 16 years; Gregg A. Gilman, Neal H. Continue Reading
Law360 | NY Debt Enforcement Alternatives for Cannabis Lenders
New York State Introduces Elective Pass-Through Entity Tax
The Bottom Line Pass-through entities with New York income should examine whether to elect into the PTE Tax to potentially reduce the taxes of their owners.Those considering the election should consider whether the taxes are creditable against state taxes for non-residents. S corporations and Continue Reading
New York HERO Act Establishes Additional COVID-19 Workplace Safety Requirements
Update The Act has been amended to extend the deadlines described below. The NYDOL now has until July 5, 2021 to issue industry-specific airborne infectious disease prevention standards. Once these standards are issued, employers will have 30 days to adopt a disease prevention plan in accordance Continue Reading
Keeping the Faith…less Servant Doctrine Alive
The Bottom Line The faithless servant doctrine has potentially huge advantages for employers, including alleviating the need to prove damages – a requirement for any claim for breach of contract.Disgorgement of past wages allows for monetary relief in circumstances where proving damages may be Continue Reading