How to Avoid Common Regulatory Violations

How to Avoid Common Regulatory Violations

Lesley Brovner & Mark Peters
November 2, 2023

In an increasingly regulated environment, businesses and nonprofits often get inquiries — formal and informal — from government agencies at the municipal, state and federal level. To manage their risk, it is important for businesses to stay up to date with their industry’s rules and regulations. Additionally, it is incumbent upon businesses to have a robust compliance program which includes regulatory updates and training.

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How to Avoid Common Regulatory Violations2023-11-02T01:16:34+00:00

Does Title IX Apply to Private Schools in New York?

Does Title IX Apply to Private Schools in New York?

Lesley Brovner & Mark Peters
October 17, 2023

Title IX of the Educational Amendments of 1972 (Title IX) applies to all schools – public and private – that receive federal funding. Once a school receives federal funding, its existence as a private or independent school does not exempt it from Title IX’s requirements except in certain specific ways, discussed below.

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Does Title IX Apply to Private Schools in New York?2023-10-18T01:00:42+00:00

Labor Laws For Salaried Employees

Labor Laws For Salaried Employees

Lesley Brovner & Mark Peters
October 3, 2023

There are a number of laws that regulate how employers must treat salaried employees, including laws related to paid overtime for working more than forty hours a week. Federal, State and City government all have a variety of legal and regulatory schemes that offer employees protection, and it is important that both employers and employees understand these interlocking laws.

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Labor Laws For Salaried Employees2023-10-13T13:16:22+00:00

New York Adult Survivors Act – Know Your Rights

New York Adult Survivors Act – Know Your Rights

Lesley Brovner & Mark Peters
July 21, 2023

What is the New York Adult Survivors Act?

New York’s Adult Survivors Act (ASA), is a landmark law that created a lookback period allowing the adult victims of sexual assault and abuse, whose claims were time barred, to pursue those claims in court.

Who Can be Held Accountable Under the Adult Survivors Act?

The perpetrators of sexual assault and abuse against people over 18 years old that would otherwise have been time barred can be held liable under the ASA. Importantly, in many instances, so can institutions that negligently allowed the abuse to occur under their watch. It is important to consider all of the potential defendants when drafting a suit under the ASA.

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New York Adult Survivors Act – Know Your Rights2023-10-13T13:19:20+00:00

THE CONSTITUTIONALITY OF THE ASA

THE CONSTITUTIONALITY OF THE ASA

Lesley Brovner & Mark Peters
July 7, 2023

On May 1, 2023, the attorneys for Bill Cosby filed a motion in New York State Supreme Court challenging the constitutionality of the Adult Survivors Act. Last week, on July 5, 2023, the survivors who filed the lawsuit against Cosby responded. We discuss both the motion and the response below, concluding that the survivors’ response is more powerful and likely correct – the ASA is constitutional.

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THE CONSTITUTIONALITY OF THE ASA2023-07-11T09:51:43+00:00

What To Do If You’re Investigated by a City or State Agency

What To Do If You’re Investigated by a City or State Agency

Lesley Brovner & Mark Peters
June 21, 2023

In a highly regulated environment, businesses and nonprofits are increasingly receiving inquiries from government agencies at the municipal, state and federal level. Sometimes these inquiries are quickly resolved with a letter or meeting. Other times, they evolve into full blown, white collar, investigations that can divert time, resources and attention away from other business matters. In either situation, it is imperative to have lawyers with experience in government and government regulation interacting with the agency in question. These lawyers can help navigate the process and provide insightful guidance to their clients.

Understanding the Investigative Process

The investigative process is a series of activities or steps that include gathering evidence, analyzing information, and developing and validating theories of potential misconduct. No two investigations are exactly the same, but some general common steps do exist. These include:

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What To Do If You’re Investigated by a City or State Agency2023-06-21T16:05:34+00:00

When Should You Hire A Regulatory Defense Lawyer?

When Should You Hire A Regulatory Defense Lawyer?

Lesley Brovner & Mark Peters
April 24, 2023

Government agencies regulate many facets of business and nonprofit life. Failing to comply with these agencies’ rules and regulations can have dire consequences including fines and penalties, as well as being prevented from future participation in government programs.

A regulatory attorney can help keep your company or nonprofit in compliance with all relevant rules and regulations. If your company fails to comply, a regulatory attorney can help you take corrective action, and negotiate with the government to prevent excessive fines and penalties from being imposed.

What are Regulatory Matters?

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When Should You Hire A Regulatory Defense Lawyer?2023-04-25T19:18:04+00:00

Corporate Investigations and White-Collar Defense: When to Find an Attorney

Corporate Investigations and White-Collar Defense: When to Find an Attorney

Lesley Brovner & Mark Peters
February 7, 2023

White Collar Defense and Investigations

In the current business environment, the way in which companies and their boards of directors investigate potential misconduct can affect that company’s reputation almost as much as the alleged conduct itself. Moreover, without understanding the full scope of the misconduct it is impossible to reckon with the issues that occurred, create a compliance program and prevent future problems.

Below are a number of issues that organizations should consider when determining whether to undertake an internal investigation.
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Corporate Investigations and White-Collar Defense: When to Find an Attorney2023-04-25T17:18:48+00:00

If you are sexually harassed at work, your employer may be liable

If you are sexually harassed at work, your employer may be liable

Lesley Brovner & Mark Peters
January 20, 2023

Sexual harassment in the workplace is a form of employment discrimination that violates federal, State and local law in New York. Employers are required to take steps to prevent sexual harassment and, if sexual harassment is reported, to take immediate action to address the situation. Moreover, an employee who reports sexual harassment is legally protected against retaliation from her, his or their employer.
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If you are sexually harassed at work, your employer may be liable2023-04-24T07:56:43+00:00

What to do after Sexual Assault or Misconduct on a College Campus

What to do after Sexual Assault or Misconduct on a College Campus

Mark Peters & Lesley Brovner
December 21, 2022

According to the Rape Abuse and Incest National Network (RAINN) the leading advocacy group in this area, 26-percent of female college students and almost 7-percent of male college students will suffer some form of sexual assault during their undergraduate years. Many of these students, however, will never report the assault to the authorities.

The decision to report the assault, either to law enforcement or college officials, is a serious and highly personal one. What follows is some information concerning what constitutes an assault and what college officials are required to do if the assault is reported to them.
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What to do after Sexual Assault or Misconduct on a College Campus2023-04-24T07:56:43+00:00