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Sustainability/ESG Policy and Regulatory Update

Key topics in Akin’s July 2024 Sustainability/ESG Policy and Regulatory Update include: Updated Assessment of SFDR by EU Regulators: The European Supervisory Authorities have proposed changes to the Sustainable Finance...more

Sustainability/ESG Policy and Regulatory Update

Akin’s newsletter on environmental, social and corporate governance (ESG) policy and regulatory developments, provides a timely digest of ESG topics, news items and other relevant information regarding significant ESG policy...more

New California Laws Provide Private Right of Action for Unlawful Restrictive Covenants; Require Notice to Affected Employees by...

Key Points - New California statutes provide California employees with private right of action against firms that promulgate, maintain or try to enforce unlawful restrictive covenants. By February 14, 2024, firms must...more

SEC Recordkeeping v. Privacy: Recent Opinion Stirs Debate

In 2018, an investment professional sued the firm he co-founded for wrongful termination and federal privacy law violations associated with the former employer’s remote accessing into a desktop computer it had purchased for...more

'Speak Out Act' Is the Latest #MeToo Law to Impact Firms

Key Points - The new law prohibits judicial enforcement of confidentiality and non-disparagement provisions with respect to sexual harassment and sexual assault disputes. The law covers provisions entered into before...more

Effectively Managing Workforce Contraction in Turbulent Times

Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more

So, What’d I Miss??? A Flurry of New Employment Laws Impact New York Firms

Key Points - The past eight months have featured the introduction of myriad new state and city laws impacting New York firms. From amendments to the NYC Fair Chance Act and NYS Paid Family Leave Law, to the expansion...more

Continued Focus on Diversifying the Boardroom

Like the preceding year, 2021 was full of unparalleled challenges for corporate directors, including new COVID-19 variants, supply chain disruptions, increased competition for talent and inflation. In this atmosphere,...more

New Federal Law Will Prohibit the Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more

Accelerate ESG - December 2021

2021: ESG On Center Stage - As we approach the end of a watershed year, we are struck by the rapid evolution and intensification of all things ESG (environmental, social and governance). Virtually every segment of the...more

New York Firms Scramble to Comply with N.Y. HERO Act

Key Points - Under New York’s Health and Essential Rights (HERO) Act, New York-based firms must maintain an airborne infectious disease exposure prevention plan (“Prevention Plan”) that meets or exceeds the minimum...more

EEOC Publishes Updated Guidance on Employer COVID-19 Policies

While the Equal Employment Opportunity Commission’s (EEOC) May 28, 2021 guidance (the “EEOC Guidance”) largely is consistent with its previous pronouncements regarding employer mandatory COVID-19 policies, including policies...more

The New York Supreme Court Enforces New York’s State Law Prohibiting Mandatory Arbitration of Employment Discrimination Claims and...

- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...more

New SBA Rule Bars Investment Managers from PPP Loans

On Friday, April 24, 2020, the Small Business Administration (SBA) published an Interim Final Rule (IFR) governing the Paycheck Protection Program (PPP) of the Coronavirus Aid, Relief and Economic Security Act (CARES Act). In...more

The Paycheck Protection Program: New Stimulus Package Contains Forgivable Emergency Loan Program For Certain Firms

- The Paycheck Protection Program (PPP), contained within the stimulus package signed by President Trump on March 27, 2020, creates a $349 billion loan facility to help “small” businesses make payroll and pay certain other...more

Effectively Managing Workforce Contraction in Turbulent Times

The grinding halt of the U.S. economy due to the COVID-19 pandemic, as well as the Russia-Saudi Arabia oil price war, have forced companies in every industry to evaluate workforce reorganizations and reductions....more

What Officers and Directors Need to Know about Personal Liability for Unpaid Wages

- Corporate officers and directors can be held personally liable for unpaid wages. - As companies and their officers and directors make difficult decisions to address the impact of COVID-19 on their workforce, they...more

Coronavirus Leave under New Federal and New York Laws: Frequently Asked Questions

- The President signed the FFCRA into law on March 18, 2020. The Act will go into effect “not later than 15 days after the date of enactment” (i.e., no later than April 2, 2020). Most employers with 500 or fewer employees are...more

House Passes Families First Coronavirus Response Act, Impacting Employee Leave; Senate Passage Expected

- On March 16, 2020, the U.S. House of Representatives passed an amended version of the FFCRA. - The FFCRA includes two different coronavirus-related paid leave requirements for employers with fewer than 500...more

[Podcast] Coronavirus and the Workplace

In this episode, Akin Gump labor and employment partner Richard Rabin and associate Grace O’Donnell discuss what you need to know about coronavirus’ impact on the workplace and employees. Among the topics covered: -...more

Work-From-Home Legal Issues Checklist

Working from home may not be practical in many work environments, for example, where company tools, machinery or equipment may be required to accomplish a job. Where a company must suspend work or close a work location, the...more

Occupational Safety and Health Obligations to Record and Report COVID-19 Cases

Employers face unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the items on their ever-expanding list is that federal and state occupational safety and health regulations require...more

Obligations to Record and Report COVID-19 Cases to OSHA or Applicable State Agencies

Employers are facing unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the ever-expanding obligations is that federal and state occupational safety and health regulations require...more

Novel Coronavirus (COVID-19): Employer FAQs

- The continued spread of COVID-19 presents employers with an array of unprecedented workforce management and public health challenges. - Decisions that employers may be called upon to make implicate a variety of...more

Special Bulletin: Guidance to Employers for Responding to the Coronavirus

- With the WHO having declared a Public Health Emergency of International Concern, companies should take reasonable precautions to protect themselves and their personnel. - Below are some suggested practices United...more

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