practice group diversity compliance
TRANSCRIPT
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.
This may be considered Attorney Advertising according to the Rules of Professional Conduct.
harrisbeach.com
P R A C T I C E G R O U P D I V E R S I T Y C O M P L I A N C E
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
Our services include:
• 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
• 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
P R A C T I C E G R O U P : D I V E R S I T Y C O M P L I A N C E
For more information, contact: H. TODD BULLARD [email protected] 585-419-8696 or 800-685-1429
harrisbeach.com
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
Prior results do not guarantee a similar outcome. Images used are stock photography.
INDUSTRY TEAMS Automotive and Vehicle Dealerships 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 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 Sports Law Tax Law White Collar Crime Wills, Trusts and Estates
CONSULTING SERVICES (non-legal) 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
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.
This may be considered Attorney Advertising according to the Rules of Professional Conduct.
harrisbeach.com
P R A C T I C E G R O U P D I V E R S I T Y C O M P L I A N C E
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
Our services include:
• 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
• 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
P R A C T I C E G R O U P : D I V E R S I T Y C O M P L I A N C E
For more information, contact: H. TODD BULLARD [email protected] 585-419-8696 or 800-685-1429
harrisbeach.com
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
Prior results do not guarantee a similar outcome. Images used are stock photography.
INDUSTRY TEAMS Automotive and Vehicle Dealerships 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 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 Sports Law Tax Law White Collar Crime Wills, Trusts and Estates
CONSULTING SERVICES (non-legal) 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