Mintz Levin

What Does the Latest Uber Decision Mean for Your Gig Business?

If you tuned in to my appearance a few months ago on Bloomberg Law Radio, you heard me bemoaning our legal system’s failure to catch up with the gig economy. For those of you who don’t know, the term “gig economy” (also…more
| Labor & Employment Law

California Joins rest of Country in “Made in USA” Rules

California, the beacon of individualism and often marching to its own set of rules, has joined the rest of the country as Gov. Jerry Brown has signed SB 633 which revises California’s take on what constitutes “Made in USA”…more
| Communications & Media Law, Elections & Politics

Africa Update - September 2015

Leading the News: South Sudan - On August 27th, emergency relief teams from the United Nations (U.N.) Children’s Fund (UNICEF) and the World Food Programme (WFP) reached more than 27,000 people in the town of Wau…more
| Civil Rights, Elections & Politics, Energy & Utilities, International Law & Trade, Military Law

Kissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road

In June, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs’ case cleared the hump of…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Health

Federal Housing Administration Move on PACE Showcases Program’s Possible Impact

On August 24, President Obama directed the Federal Housing Administration (FHA) to allow homeowners to purchase and refinance properties with Property Assessed Clean Energy (PACE) loans when those loans are subordinated to an…more
| Energy & Utilities, Finance & Banking, Real Estate - Residential

Energy & Environment Update - August 2015 #3

Energy and Climate Debate - Congress returns from the August recess after the Labor Day holiday next week, and the in the meantime, energy and environment issues continue to play a significant role on the national and…more
| Energy & Utilities, Environmental Law, International Law & Trade

One Size Fits All? The Case for Unified Employment Policies for Multi-State Employers

One of the questions clients frequently pose to me is how to make employment policies uniform across the different states where their employees work. Now it seems to me that this is a most appropriate question in this day and…more
| Civil Rights, Labor & Employment Law

Just How Scary is the SEC? “Fear” Not Sufficient Grounds to Duck Administrative Subpoena

A witness testifying under oath before the SEC recently refused to answer any questions directed to him, not because of any privilege, but rather — as he said, sixty-eight different times – because he was “scared” and…more
| Constitutional Law, Finance & Banking, Securities Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 7 of 24): Mergers and Acquisitions

When it comes to mergers and acquisitions involving at least one applicable large employer (ALE), the substantive rules governing employer shared responsibility (under Internal Revenue Code § 4980H) and the corresponding…more
| Health, Insurance, Labor & Employment Law, Mergers & Acquisitions, Taxation

H-1B Alternative Series: Flexibility in Foreign Trade and Treaty Visas

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? Is your client from one of the 79…more
| Immigration Law, Labor & Employment Law

FDA’s New Four-Letter Guidance on Biosimilars

After months of pressure from industry, health practitioners and even congressional stakeholders, FDA has finally proposed a convention for assigning nonproprietary names (also known as proper names) to biological products. The…more
| Consumer Protection, Science, Computers, & Technology

Africa Update - August 2015 #4

Leading the News - South Sudan: On August 25th, a panel of United Nations (U.N.) experts monitoring U.N. sanctions on South Sudan released a report disclosing evidence that South Sudanese solders raped children, burned…more
| Civil Rights, Criminal Law, Elections & Politics, Indigenous Peoples, International Law & Trade

NLRB Adopts New Joint Employer Test: Companies That Kind of, Sort of, Maybe Someday Could Exercise Control Over Employees Can Be Joint Employers

The NLRB dropped a major bomb on businesses in subcontracting, franchising, and temporary staffing relationships yesterday, adopting a new—very, very broad—definition of joint employment. In Browning-Ferris Industries of…more
| Commercial Law & Contracts, Franchise Law, Labor & Employment Law

A Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of Judgment Continues

Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an…more
| Civil Procedure, Civil Remedies, Communications & Media Law

A HYPOTHETICAL: Testimony of a U.S. Business Owner Before the U.S. House of Representatives Subcommittee on Immigration and Border Security

Mr. Chairman, I’m pleased to provide my testimony today as a follow-up to previous appearances before this committee. I’ve testified on two other occasions to explain the need for a more certain and predictable way to attract…more
| Immigration Law, Labor & Employment Law
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