Holland & Knight LLP

SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly…more
| Business Organizations, Commercial Law & Contracts, Government Contracting

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they required a…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Final Rule Issued Implementing Fair Pay and Safe Workplaces Executive Order

The Department of Defense, General Services Administration and National Aeronautics and Space Administration (the FAR Council) have issued for publication in today’s Federal Register, a final rule amending the Federal…more
| Commercial Law & Contracts, Elections & Politics, Labor & Employment Law, Military Law, Government Contracting

FMC Proposes New Rules for Ocean Common Carriers and Marine Terminal Operators

The U.S. Federal Maritime Commission (FMC) issued its Notice of Proposed Rulemaking (NPR) in FMC Docket 16-04 on Aug. 15, 2016. The FMC's July 2016 vote in favor of issuing the NPR advances a multiyear regulatory review. Docket…more
| Commercial Law & Contracts, Maritime Law, Transportation

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is…more
| Civil Procedure, Conflict of Laws, Personal Injury, Products Liability, Transportation

Religious Institutions Update: August 2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,…more
| Civil Procedure, Constitutional Law, Education, Labor & Employment Law, Zoning, Planning & Land Use

White House Issues Final Guidance on Consideration of Greenhouse Gas Emissions in NEPA Reviews

After more than six years of review and the issuance of several draft guidance documents, the White House Council on Environmental Quality (CEQ) published on Aug. 5, 2016, its final guidance on considering greenhouse gas (GHG)…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal Email Accounts Subject to Disclosure Under FOIA

Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public records…more
| Administrative Law, Communications & Media Law, Labor & Employment Law

Employers Must Comply with DOL's Updated Posting Requirements

The Department of Labor (DOL) issued on July 27, 2016, regulations that require covered employers to update their Fair Labor Standards Act (FLSA) Minimum Wage posters and their federal Employee Polygraph Protection Act (EPPA)…more
| Civil Rights, Labor & Employment Law

IRS to Invalidate Unused ITINs Unless Renewed

The Internal Revenue Service (IRS) is requiring individuals with inactive or old individual taxpayer identification numbers (ITINs) to renew their ITINs. The renewals impact individuals who received ITINs prior to 2013. The…more
| International Law & Trade, Taxation

FDA Issues Draft Guidance on Use of "Real-World Evidence" in Medical Device Decision-Making

The U.S. Food and Drug Administration (FDA) issued on July 27, 2016, a draft guidance document addressing how it may use data and evidence collected outside of the traditional clinical trial context to support medical device…more
| Administrative Law, Health, Science, Computers, & Technology

SEC Approves Nasdaq Rule Requiring Disclosure of Third-Party Payments to Directors

New Nasdaq Rule 5250(b)(3) is a result of increased activist shareholder efforts to place representatives on public company boards of directors. During the past several years, activist shareholders have sought to nominate…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

Calif. Supreme Court Resolves Conflict in Anti-SLAPP Procedure, Provides Guidance to Litigants

The California Supreme Court resolved a decade-long conflict among lower appellate courts in its watershed opinion Baral v. Schnitt, Case No. S225090, 2016 WL 4074081, *1 (Cal. Sup. Ct. Aug. 1, 2016). Now, courts must allow a…more
| Civil Procedure, Communications & Media Law, Constitutional Law

Massachusetts Enacts Groundbreaking Pay Equity Law

Massachusetts enacted the most expansive pay equity law in the country on Aug. 1, 2016. The law, which the Massachusetts legislature passed unanimously, amends and expands the Massachusetts Equal Pay Act (MEPA), defining…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Food and Beverage Law Update: August 2016

When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &…more
| Commercial Law & Contracts, Labor & Employment Law, Privacy, Insurance, Science, Computers, & Technology
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