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Diversity Compliance

Legal Practice

Profile
Services
Experience
People
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As New York state’s diversity initiatives and mandates continue to evolve, our attorneys actively monitor opportunities, challenges and solutions for clients seeking to ensure compliance with laws regarding Minority and Women-Owned Business Enterprises, or MWBEs, which are at least 51 percent owned and controlled by minority members and/or women. Recent events in this nation have caused private industry and government to recognize the need to increase economic opportunity for underserved communities.

Diversity awareness and sensitivity continues to grow in culture, client and consumer realms; and research indicates that diverse representation among leadership has potential benefits for company performance. In this context, it is critical for businesses and governmental contractors and entities to pursue and demonstrate diversity compliance.

As a result of the commissioned State of New York 2016 MWBE Disparity Study with a Final Report issued in June 2017, New York state has accelerated its efforts to give MWBE firms the opportunity for “maximum feasible participation” in the performance of state contracts and to promote diversity in companies doing business in New York state. Based on the 2016 Disparity Study, Governor Andrew M. Cuomo has directed state agencies to double the current MWBE participation goal from 10 to 20 percent, and to ease bonding restrictions that these businesses will face. Additionally, in 2019, the Women on Corporate Board Study Act was passed to more precisely identify the number of women serving on boards of directors of companies incorporated or authorized to do business in New York state.

We counsel state agencies and authorities to provide a deeper understanding of their MWBE requirements, while helping businesses and contractors maximize their opportunities in New York state through MWBE procurements, supplier diversity initiatives, and diversity compliance. We advise on the mentorships and joint ventures with MWBEs that support compliance with state procurement regulations related to diversity. Our attorneys have worked with a diverse array of New York state agencies and authorities including the New York State Department of Economic Development, New York State Energy Research and Development Authority, Dormitory Authority for the State of New York, and the Empire State Development Corporation. Our attorney team comprises talented attorneys with experience in procurement, ethics and governmental relations.

After amendments in 2019, key changes made to Article 15-A of the NY Executive Law  now include the following:

  • Raising the threshold for personal net worth of a minority owner or woman owner to $15 million from $3 million
  • Utilizing or mentoring certified minority and women-owned business enterprises in contracts awarded by a state agency or other public corporation
  • Entering into partnerships, joint ventures or similar arrangements with certified MWBEs
  • Making waivers of compliance publicly available
  • Conducting outreach events, training workshops, seminars and other educational programs to state agencies, external stakeholders and the public
  • Pursuing mentorship opportunities and other business development programs to support MWBEs in bidding on contracts with state agencies
  • Establishing a more proactive role for the statewide advocate within the Department of Economic Development to conduct periodic audits of state contracting agencies’ compliance and investigate complaints by certified minority-owned business enterprises or women-owned business enterprises
  • Eliminating set percentages for total annual statewide procurement in specific industries
  • Recognizing workforce utilization efforts
  • Advising clients on new mandates and thresholds set by New York state regarding MWBE
  • Obtaining MWBE certification for eligible businesses from the Empire State Development Corporation’s Division of Minority & Women’s Business Development
  • Assisting businesses in forming partnerships, joint ventures, and alliances with MWBEs for enhanced procurement opportunities; including joint ventures between MWBE and DBE
  • Drafting mentor-protégé agreements
  • Counseling contractors and businesses on MWBE procurement, supplier diversity initiatives, and diversity compliance
  • Helping businesses develop effective diversity compliance strategies internally and assisting with maximizing procurement opportunities
  • Helping businesses draft compliance policies, procedures and training
  • Preparation of diversity compliance legal opinions
  • Advising state agencies and authorities on diversity compliance requirements and implementing best practices for meeting MWBE goals
  • Reviewing and drafting contracts for compliance

Environmental, Social and Governance (ESG)

  • Our attorneys support clients with cross-functional teams dedicated to integrating aspects of ESG into core business strategies, governance, and risk-management. In addition to helping our clients understand, prepare for, and comply with emerging regulations, we also help our clients realize the benefits created in the marketplace by a bespoke approach to ESG.

Practice Leader(s)

Todd Bullard

H. Todd Bullard

Member

People

Meaghan Feenan

Meaghan T. Feenan (Lambert)

Senior Counsel
Robert Ryan

Robert J. Ryan

Member

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Diversity Compliance

Legal Practice

■ Profile

As New York state’s diversity initiatives and mandates continue to evolve, our attorneys actively monitor opportunities, challenges and solutions for clients seeking to ensure compliance with laws regarding Minority and Women-Owned Business Enterprises, or MWBEs, which are at least 51 percent owned and controlled by minority members and/or women. Recent events in this nation have caused private industry and government to recognize the need to increase economic opportunity for underserved communities.

Diversity awareness and sensitivity continues to grow in culture, client and consumer realms; and research indicates that diverse representation among leadership has potential benefits for company performance. In this context, it is critical for businesses and governmental contractors and entities to pursue and demonstrate diversity compliance.

As a result of the commissioned State of New York 2016 MWBE Disparity Study with a Final Report issued in June 2017, New York state has accelerated its efforts to give MWBE firms the opportunity for “maximum feasible participation” in the performance of state contracts and to promote diversity in companies doing business in New York state. Based on the 2016 Disparity Study, Governor Andrew M. Cuomo has directed state agencies to double the current MWBE participation goal from 10 to 20 percent, and to ease bonding restrictions that these businesses will face. Additionally, in 2019, the Women on Corporate Board Study Act was passed to more precisely identify the number of women serving on boards of directors of companies incorporated or authorized to do business in New York state.

We counsel state agencies and authorities to provide a deeper understanding of their MWBE requirements, while helping businesses and contractors maximize their opportunities in New York state through MWBE procurements, supplier diversity initiatives, and diversity compliance. We advise on the mentorships and joint ventures with MWBEs that support compliance with state procurement regulations related to diversity. Our attorneys have worked with a diverse array of New York state agencies and authorities including the New York State Department of Economic Development, New York State Energy Research and Development Authority, Dormitory Authority for the State of New York, and the Empire State Development Corporation. Our attorney team comprises talented attorneys with experience in procurement, ethics and governmental relations.

After amendments in 2019, key changes made to Article 15-A of the NY Executive Law  now include the following:

  • Raising the threshold for personal net worth of a minority owner or woman owner to $15 million from $3 million
  • Utilizing or mentoring certified minority and women-owned business enterprises in contracts awarded by a state agency or other public corporation
  • Entering into partnerships, joint ventures or similar arrangements with certified MWBEs
  • Making waivers of compliance publicly available
  • Conducting outreach events, training workshops, seminars and other educational programs to state agencies, external stakeholders and the public
  • Pursuing mentorship opportunities and other business development programs to support MWBEs in bidding on contracts with state agencies
  • Establishing a more proactive role for the statewide advocate within the Department of Economic Development to conduct periodic audits of state contracting agencies’ compliance and investigate complaints by certified minority-owned business enterprises or women-owned business enterprises
  • Eliminating set percentages for total annual statewide procurement in specific industries
  • Recognizing workforce utilization efforts

■ Services

  • Advising clients on new mandates and thresholds set by New York state regarding MWBE
  • Obtaining MWBE certification for eligible businesses from the Empire State Development Corporation’s Division of Minority & Women’s Business Development
  • Assisting businesses in forming partnerships, joint ventures, and alliances with MWBEs for enhanced procurement opportunities; including joint ventures between MWBE and DBE
  • Drafting mentor-protégé agreements
  • Counseling contractors and businesses on MWBE procurement, supplier diversity initiatives, and diversity compliance
  • Helping businesses develop effective diversity compliance strategies internally and assisting with maximizing procurement opportunities
  • Helping businesses draft compliance policies, procedures and training
  • Preparation of diversity compliance legal opinions
  • Advising state agencies and authorities on diversity compliance requirements and implementing best practices for meeting MWBE goals
  • Reviewing and drafting contracts for compliance

Environmental, Social and Governance (ESG)

  • Our attorneys support clients with cross-functional teams dedicated to integrating aspects of ESG into core business strategies, governance, and risk-management. In addition to helping our clients understand, prepare for, and comply with emerging regulations, we also help our clients realize the benefits created in the marketplace by a bespoke approach to ESG.

■ People

Team Leaders

H. Todd Bullard

Member
(585) 419-8696
tbullard@harrisbeach.com

Team

H. Todd Bullard

Member
(585) 419-8696
tbullard@harrisbeach.com

Meaghan T. Feenan (Lambert)

Senior Counsel
(518) 701-2742
mfeenan@harrisbeach.com

Robert J. Ryan

Member
(518) 701-2715
Rryan@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of April 2, 2023 2:00 am
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