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 Two federal judges in New York City have dismissed putative consumer class actions alleging deceptive marketing in connection with snacks and baked goods. The judges held that a reasonable consumer would understand that the products’ use of “butter” in their names, when viewed Continue Reading
Thomson Reuters Practical Law | Trademark Laws: New York
A Q&A guide to New York laws protecting trademarks. This Q&A addresses state laws governing trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. Answers to questions can be compared across a number of jurisdictions (see Trademark Continue Reading
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
Lenders in many industries are often impeded in enforcement efforts by a borrower's bankruptcy filing, but not so in the cannabis space. As a consequence of the federal government's continued criminalization of cannabis, protection under the U.S. Bankruptcy Code is likely out of reach for Continue Reading
New York State Introduces Elective Pass-Through Entity Tax
The Bottom Line S corporations and partnerships should be aware of a new election that may allow them to reduce the federal income tax of their New York individual owners. New York State’s budget for the fiscal year 2022, which was signed into law on April 19, 2021, includes an elective 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 New York employees have a (legal) duty of loyalty to their employers – under the state’s faithless servant doctrine, a court may require an employee to return compensation received from their employer during any period when the employee was disloyal. A recent decision by the Continue Reading