Benesch

DOL WAGE & HOUR DIVISION’S “ADMINISTRATOR’S INTERPRETATION” NO INDEPENDENT CONTRACTOR COUP DE GRÂCE FOR TRUCKING—JUST NEW MOTIVATION FOR CONTINUED FOCUS

On July 15, 2015, David Weil, Department of Labor Wage and Hour Division (the “Division” Administrator, issued the much anticipated and promised “administrator’s interpretation” (the “Memo”) on the issue of worker…more
| Labor & Employment Law, Transportation

District Court Confirms Federal Preemption in Massachusetts “ABC Test” Litigation

Yesterday, Judge Denise Casper of the District of Massachusetts issued an industry friendly ruling in Massachusetts Delivery Association v. Healy, awarding summary judgment to the Massachusetts Delivery Association (“MDA”) and…more
| Conflict of Laws, Labor & Employment Law, Transportation

Corporate Espionage is Real

Last month the country learned about the unauthorized access of the Houston Astros “Ground Control” database, which contained trade talks, proprietary statistics, and scouting reports, by members of the St. Louis Cardinals front…more
| Business Organizations, Labor & Employment Law, Privacy, Science, Computers, & Technology

SEC Proposes Rules Mandating Executive Compensation “Clawback” Policies

On July 1, 2015, the Securities and Exchange Commission (the SEC) proposed new rules that would mandate U.S. stock exchanges to establish and enforce standards requiring listed companies to adopt compensation recovery policies…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law

HIPAA and Jason Pierre-Paul’s Medical Chart – Setting the Record Straight

Last night, ESPN reporter Adam Schefter tweeted a photo of New York Giants defensive end Jason Pierre-Paul’s medical chart, which chart indicated that Pierre Paul had his index finger amputated. The amputation was apparently the…more
| Communications & Media Law, Privacy, Health

NLRB Declares “Conflict-of-Interest” Policy to be Unlawful on Its Face

In a controversial decision, the NLRB found that a conflict-of-interest policy in an employee handbook is unlawful on its face. This ruling could deem many current conflict-of-interest policies unenforceable, creating harsh…more
| Administrative Law, Civil Procedure, Constitutional Law, Labor & Employment Law

Retail Real Estate: Quarterly Summary Report - Q1 2015

In this Issue: - National Market Trends - Leasing Trends - Major Industry Transactions - Retail in Ohio - Excerpt from National Market Trends: As more millennials move into urban…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Real Estate - Commercial

In Case of Emergency: Handling HazMat Violations

An unexpected fine for a hazardous materials violation can jolt a company. Even companies with robust systems for managing hazardous materials compliance can be surprised with a penalty due to the actions of a single employee…more
| Administrative Law, Labor & Employment Law, Transportation

3D Printing

Additive manufacturing/3D printing, which builds a complete part by fusing material layer by layer, is revolutionizing manufacturing today and will continue to be a breakthrough technology. As President Obama assessed in his…more
| Commercial Law & Contracts, Science, Computers, & Technology

Perspectives: Trends and Topics in Not-For-Profit Management - May 2015

In this Issue: - Not-for-Profit Spotlight - IP and IT Procurement for Not-for-Profit Organizations - Starting Off Right: Recruiting, Training and Retaining Fundraising Staff - Guidance Released for…more
| Labor & Employment Law, Health, Intellectual Property, Science, Computers, & Technology, Nonprofit Law

UTC Fire & Security Obtains Summary Judgment In Putative TCPA Class Action

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits initiating a telephone call using a prerecorded voice to wireless or residential telephone numbers unless the called party consents to receiving the…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

From the Benesch Transportation Archives: Rotterdam Rules—The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea

The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, otherwise known as the “Rotterdam Rules,” was adopted by the United Nations General Assembly on December 11, 2008. The stated purpose…more
| Civil Remedies, Commercial Law & Contracts, International Law & Trade, Maritime Law, Transportation

Benesch Health Care Market Intelligence - Private Equity Summary Report 2015

- In this Issue: - Key Findings - Industry Trends - Industry News - Transactions - Fund News - Outlook - Excerpt from Key Findings: Private equity firms continue to be active investors in…more
| Finance & Banking, Health

Big Changes to Indiana’s Wage Statute

For many years, it has been the case that Indiana is a progressive, pro-employee state when it comes to wages. Employees who were not paid wages on a timely basis were entitled to treble damages and attorney fees. A new law…more
| Civil Remedies, Labor & Employment Law

CareFirst, Third Major Health Insurer This Year To Be Hit By Cyberattack

On May 20, 2015, CareFirst BlueCross BlueShield (“CareFirst”) announced that it was the latest victim of a major cyberattack, with as many as 1.1 million plan customers affected. Current and former CareFirst members and…more
| Consumer Protection, Privacy, Health, Insurance, Science, Computers, & Technology
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