The Need for Discovery Reform in New York to Protect Survivors of Sexual Assault and Domestic Violence and other crime victims

Lesley Brovner & Mark Peters
April 25, 2025

As of this writing, New York State’s budget is now 20 days overdue. The hold-up is less about money and more about changing the State’s discovery rules when it comes to criminal cases. Several years ago, the State changed the laws and put very onerous burdens on prosecutors. The goal was increased transparency and fairness in the criminal justice system. Unfortunately, the results were a far less just system. The results have been multiple serious crimes going unpunished because DA’s Offices have made minor technical (and non-prejudicial) errors in the discovery process. Other cases went unprosecuted because DA’s Offices lacked the resources to keep up with the massive new discovery obligations. Multiple DA’s, as well as advocates who fight on behalf of crime victims, have been lobbying for changes to increase justice in the system. Peters Brovner stands with the prosecutors and advocates.

The Need for Discovery Reform in New York to Protect Survivors of Sexual Assault and Domestic Violence and other crime victimssecureadmin2025-04-25T14:40:47+00:00

Key Legal Steps in Conducting Effective Internal Investigations

Lesley Brovner & Mark Peters
February 5, 2025

Internal investigations are an important tool for companies and nonprofits that either think something may have gone wrong at their organization or are already threatened with government or private action as the result of alleged wrongdoing. Such investigations can determine the scope of the problem, allow organizations to take proactive steps to fix the problem before it becomes a crisis and take steps to prevent future problems. In order for an internal investigation to be effective, it is crucial to adhere to certain basic legal steps and procedures. These are important not only to make the investigation (and subsequent written report) complete, but to allow it to stand up to challenge if necessary.

Key Legal Steps in Conducting Effective Internal Investigationssecureadmin2025-04-25T13:50:54+00:00

Importance of Regulatory Compliance for New York City Businesses

Lesley Brovner & Mark Peters
December 3, 2024

New York State and City are highly regulated jurisdictions, and businesses operating in the City and State need to be keenly aware of the regulatory requirements that both govern business generally as well as regulations that are specific to their industry. The consequences for failure to do so can be significant.

What Is Regulatory Compliance?

Regulatory compliance means adhering to all federal, State and local rules and regulations. In order to get and remain in compliance it is important for every for profit and nonprofit entity to create a process for understanding the relevant rules and regulations, train staff on the relevant rules and regulations, and impose discipline for the failure to follow the rules and regulations.

Importance of Regulatory Compliance for New York City Businessessecureadmin2025-02-08T21:32:16+00:00

Understanding Regulatory Compliance Law in New York

Lesley Brovner & Mark Peters
November 1, 2024

Regulatory compliance in New York requires dealing with multiple regulatory agencies overseeing City, State and federal rules and regulations. Ensuring regulatory compliance is an ongoing process. These rules and regulations are ever changing. Moreover, City, State and federal rules often have different requirements for the same issues and must be seen as a whole yet dealt with individually. Thus, compliance with federal regulations does not guarantee compliance with stricter City and State rules. It is therefore important to work with attorneys who understand both federal as well as state and local requirements.

Understanding Regulatory Compliance Law in New Yorksecureadmin2024-11-02T18:33:29+00:00

Crisis Prevention

Lesley Brovner & Mark Peters
October 14, 2024

The way in which companies and nonprofits prevent and manage both legal and reputational crises has a profound effect on their ability to succeed and focus on their business operations. It is imperative when faced with a potential crisis to employ a robust crisis management plan. This involves dual strategies: A legal strategy to address liability issues and a public relations strategy to deal with any public fallout.

Crisis Preventionsecureadmin2024-10-22T21:17:27+00:00

Navigating Legal Disputes in New York City

Lesley Brovner & Mark Peters
September 27, 2024

Legal disputes with New York City come in many different types. With its $112 billion budget, the City has immense numbers of contracts with companies and nonprofits that provide vital services to New Yorkers but is chronically late in paying for those services. As such, legal disputes with the City over payment for work performed is an increasingly significant issue. At the same time, the City has multiple agencies with investigatory powers who can issue subpoenas or other demands on companies that do business within the City. Thus, responding to City investigations can seriously impact the day-to-day as well as long-term prospects of the companies and nonprofits that operate within the City’s investigatory ambit. Finally, the City can take administrative actions that negatively impact an entity’s operations and these too may turn into legal disputes that need to be resolved.

Navigating Legal Disputes in New York Citysecureadmin2024-10-22T21:17:21+00:00

How Do I Keep My Business Going if I Am Being Investigated?

Lesley Brovner & Mark Peters
August 7, 2024

Government investigations are serious business and require a serious response. To begin with, they can lead to fines and penalties that can affect the very viability of a company or nonprofit. Even if the investigation ends without a finding of liability, the process itself can be debilitating to some companies and nonprofits, in terms of cost to defend against the investigation, time taken away from core business activities and reputational risk.

How Do I Keep My Business Going if I Am Being Investigated?secureadmin2024-10-22T21:17:34+00:00

Is My Employee Handbook up to Date?

Lesley Brovner & Mark Peters
July 7, 2024

It is important to regularly update the employee handbook and modify for changes in the law as well as changes in your company’s own internal policies. A thorough once a year review is important to make sure that no laws/policy changes have been overlooked and that all policies remain relevant and have been upheld consistently within the organization. (If policies have not been upheld, you must make a decision as to whether the policy should change, or the enforcement of the policy needs to be bolstered.) All changes should be run by legal counsel and then given to HR for further distribution and training.

Is My Employee Handbook up to Date?secureadmin2024-10-22T21:17:42+00:00

What to expect during an Internal Investigation

Lesley Brovner & Mark Peters
June 6, 2024

Internal workplace investigations are an important tool to manage a company’s or nonprofits’ risk. They can be done prior to any public accusations of wrongdoing or government investigations to determine general compliance, or they can be done in response to either public accusations of wrongdoing or a government investigation. Either way, there are certain basic steps that any investigative attorney will take to complete such an inquiry.

When should you conduct an internal workplace investigation?

What to expect during an Internal Investigationsecureadmin2024-09-29T22:55:38+00:00

Common Legal Issues in Internal Investigations

Lesley Brovner & Mark Peters
February 13, 2024

An internal investigation is a formal inquiry conducted by an organization to determine whether external laws or regulations or internal policies have been violated and to allow either discipline of wrongdoers and/or changes to internal compliance policies. An internal investigation can also allow an organization to respond to inquiries from law enforcement and regulators, improve internal procedures and respond to public inquiries and manage reputational risk. Below are some areas of law to be mindful of when determining whether to conduct an internal investigation, and if so, how to proceed while avoiding common mistakes.

Common Legal Issues in Internal Investigationssecureadmin2024-10-04T19:10:44+00:00

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