Common Regulatory Matters FAQs

Lesley Brovner & Mark Peters
January 8, 2024

In an increasingly regulated environment, businesses and nonprofits often get inquiries — formal and informal — from government agencies at the municipal, state and federal level. Sometimes the issues raised by the government are quickly resolved with a letter or meeting and sometimes they evolve into a full blown, white collar, investigation that can divert time, resources and attention away from other business matters. It is important to have attorneys who can determine whether your organization is in compliance with all relevant rules and regulations, and manage formal investigations when they cannot be avoided.

Common Regulatory Matters FAQssecureadmin2024-10-04T19:11:43+00:00

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.

How to Avoid Common Regulatory Violationssecureadmin2024-10-04T19:12:40+00:00

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.

Does Title IX Apply to Private Schools in New York?secureadmin2024-10-04T19:27:19+00:00

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.

Labor Laws For Salaried Employeessecureadmin2024-10-04T19:28:07+00:00

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.

New York Adult Survivors Act – Know Your Rightssecureadmin2024-10-04T19:30:40+00:00

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.

THE CONSTITUTIONALITY OF THE ASAsecureadmin2024-09-29T23:12:50+00:00

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:

What To Do If You’re Investigated by a City or State Agencysecureadmin2024-10-04T19:13:14+00:00

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?

When Should You Hire A Regulatory Defense Lawyer?secureadmin2024-10-04T19:13:52+00:00

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 Attorneysecureadmin2024-10-04T19:14:45+00:00

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 liablesecureadmin2024-10-04T19:17:01+00:00

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