The Presumption of Innocence Podcast: Episode 20 - Pitfalls and Perils: Employee Retention Credit Enforcement Trends
Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims
Podcast: No Surprises Act: New Rules and Guidance for Stakeholders (Part 2) - Diagnosing Health Care
Advancing Agriculture: Security Interests and Article 9 Challenges (Part 2)
New Developments in the World of Section 230
On-Demand Webinar | Employment Issues With a COVID-19 Vaccine
Is the Aseracare precedent in jeopardy? Courts Questioning Clinical Judgment Standards
Is the Aseracare Precedent in Jeopardy? Courts Questioning Clinical Judgment Standards
Relaxed HIPAA Restrictions For Providers Using Telehealth
Bar Exam Toolbox Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure
IAPP Global Privacy Summit Recap, Big Questions, and Indiana Jones Analogies
I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination
The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more
Employers finally received some welcome news from the California Supreme Court Monday and now have a better shot of successfully using a “good faith” defense to wage-and-hour lawsuits. According to the ruling, if an employer...more
On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+...more
With only a few days left before New York’s pay transparency law takes effect, the state labor department issued proposed rules aiming to clarify employers’ wage disclosure obligations. Though the regulations are not yet...more
Brazil’s data protection authority recently published regulations that could lead businesses and employers that violate the country’s data privacy laws to be punished with administrative penalties – adding yet more incentive...more
Corporate officers owe the same fiduciary duty of oversight as directors. Just as with directors, officers fulfill their oversight duty by acting in good faith....more
The English law concerning contractual duties of good faith (express and implied) has received considerable judicial attention in recent years. It will therefore be of interest to those who use English law contracts,...more
For years, the Federal Trade Commission has aggressively enforced the Restore Online Shoppers’ Confidence Act against digital marketers that offer Internet-based automatic renewals and subscriptions. In short, ROSCA requires...more
A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more
The Internal Revenue Service (IRS) has published proposed regulations that, if finalized, will ease some of the requirements imposed on employers reporting offers of minimum essential health coverage, including a permanent...more
In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more
A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more
Good faith requires a party to a contract whose actions or words have created a false impression in the mind of a counterparty to take positive steps to correct it, the Supreme Court of Canada recently held in C.M. Callow...more
The Small Business Administration (SBA) has released two loan necessity questionnaire forms (Form 3509 for for-profit borrowers and Form 3510 for nonprofits) for lenders to transmit to certain Paycheck Protection Program...more
Employers who have been frustrated over the years by the Equal Employment Opportunity Commission (EEOC)’s oft-employed tactic of keeping its factual evidence close to the vest, even after a cause finding as to a charge and/or...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
A federal district court in Washington recently held that a claims handling mishap resulted in a waiver of the attorney-client privilege otherwise protecting a coverage opinion provided by the insurer’s internal legal...more
Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more
The Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act was signed into law on July 8, 2020. The Act provides sweeping immunity for businesses, health care providers,...more
In a long-awaited move, the National Labor Relations Board (“NLRB” or “Board”) overruled the Obama Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (2016) (“Total Security“), and concluded that...more
On May 3, 2020, the SBA and the US Department of the Treasury released new guidance to assist businesses with calculating the forgiveness amount for Paycheck Protection Program (PPP) loans, with respect to employees who...more
It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more
On October 1, 2019, in In re Clovis Oncology, Inc. Derivative Litigation, a Delaware Chancery Court denied a motion to dismiss the plaintiffs’ claims under the Caremark decision against individual directors for failing to...more
The National Labor Relations Board just relaxed its test for determining the legality of an employer’s anticipatory withdrawal of union recognition prior to the expiration of the collective bargaining agreement. In the July 3...more
In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more