News & Analysis as of

Retroactivity

Charles E. Rounds, Jr. - Suffolk University...

The trustee has brought a reformation action to reorder the equitable property rights of the trust’s beneficiaries: Spotting the...

Section 415 of the Uniform Trust Code provides that even in the absence of ambiguity the court may reform the terms of a trust to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence...more

Morrison & Foerster LLP

D.C. Circuit Limits DOJ’s Ability to Retroactively Enforce FARA

Last week the D.C. Circuit released its long-anticipated opinion in the Attorney General v. Wynn, holding that the Department of Justice (“DOJ”) could not compel Steve Wynn to retroactively register under the Foreign Agents...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Sheppard Mullin Richter & Hampton LLP

Amendment to China’s Company Law (1): Contribution of Capital and Authorized Capital Concept

China’s Company Law was initially enacted in 1993, and was subsequently amended in 1999, 2004, 2013, 2018, and 2005. On December 29, 2023, the Standing Committee of the National People’s Congress approved a comprehensive...more

Faegre Drinker Biddle & Reath LLP

FTSA Litigation Trends: Federal and State Courts Diverge on Retroactivity

At a Glance - - HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. - HB 761 also stated that it should be applied retroactively to...more

Farella Braun + Martel LLP

Navigating California's New Rebuttable Presumption Law

The ever-evolving landscape of employment laws in California has introduced a notable change with the implementation of a new law that establishes a rebuttable presumption of retaliation in some circumstances. This law, which...more

Sullivan & Worcester

Key Changes in China's Company Law which is Reshaping the Business Landscape for Foreign Investors, including Retroactive...

Sullivan & Worcester on

The amended Company Law of the People's Republic of China (“the New Company Law”) was adopted by the National People's Congress of China and published on December 29, 2023, effective on July 1, 2024. This new legislation...more

Fox Rothschild LLP

The New Jersey Supreme Court Gets A Chance To Right A Very Egregious Wrong—What Does Retroactivity Mean?

Fox Rothschild LLP on

In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by which wages due could be doubled or...more

Morrison & Foerster LLP

New York State Slated to Join Post-Employment Non-Compete Ban Bandwagon

New York State is expected to join the growing number of states that significantly limit or prohibit non-compete agreements. On June 20, 2023, the New York State legislature passed S3100A, a bill broadly prohibiting...more

Pierce Atwood LLP

Due Process, Retroactive Laws, and Vested Rights in Development Projects

Pierce Atwood LLP on

Last week marked the close of a major legal dispute under Maine law regarding the applicability of retroactive laws to development projects already under construction. The issue in the case was one of fundamental fairness:...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Retroactivity and Recalls

This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more

BCLP

New SDNY Order & Legislative Developments Potentially Impacting New York Foreclosure & Debt Collection Proceedings and Judgments

BCLP on

The Southern District of New York has granted a preliminary injunction prohibiting state officials from implementing or enforcing retroactive applicability of recently passed legislation (S.B. 5724A, 244thLeg. Sess., c. 831...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

Perkins Coie on

Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

Rivkin Radler LLP

Insurance Update - April 2022

Rivkin Radler LLP on

Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Constangy, Brooks, Smith & Prophete, LLP

What employers need to know about California's new COVID-19 paid sick leave

Supplemental Paid Sick Leave for COVID is back! As anticipated, on February 9, California Gov. Gavin Newsom (D) signed into law S.B. 114, which reinstates supplemental paid sick leave for covered employees and their...more

Jackson Lewis P.C.

DLSE Publishes FAQ Page for 2022 COVID-19 Supplemental Paid Sick Leave

Jackson Lewis P.C. on

On February 19, 2022, the newest statewide COVID-19 Supplemental Paid Sick Leave took effect. California’s Division of Labor Standards Enforcement (DLSE) has published an FAQ Page to provide guidance regarding COVID-19...more

Obermayer Rebmann Maxwell & Hippel LLP

IRS Helps Taxpayers Avoid Tax Penalties Caused by Retroactive Termination Of Employee Retention Credit

The Employee Retention Credit (the “ERC”) was created by the CARES Act to encourage businesses to retain employees on their payroll by providing a refundable tax credit equal to 50% of qualified wages. This credit was...more

Ervin Cohen & Jessup LLP

Ninth Circuit Holds that the Dynamex ABC Test Applies Retroactively, But Not Prop. 22

On September 20, 2021, the Court of Appeals for the Ninth Circuit reversed Grubhub, Inc.’s lower court victory in a class action case involving the alleged misclassification of a former driver. The driver claimed he was...more

Butler Snow LLP

American Rescue Plan Act Provides COBRA Subsidies

Butler Snow LLP on

The American Rescue Plan Act of 2021 (“ARPA”) includes a valuable benefit for an employee who has lost (or loses) healthcare coverage due to an involuntary termination or reduction in hours — up to 6 months of free COBRA...more

Sheppard Mullin Richter & Hampton LLP

Labor Commissioner Issues FAQs for Supplemental COVID-19 Paid Sick Leave Law

In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave... SB 95 creates California Labor Code Sections 248.2 and...more

McDermott Will & Emery

California Expands COVID-19 Supplemental Paid Sick Leave

McDermott Will & Emery on

On March 19, 2021, California Governor Gavin Newsom signed Senate Bill 95 (SB95), significantly expanding California’s COVID-19 Supplemental Paid Sick Leave (CSPSL). This latest legislation now requires any California...more

Sheppard Mullin Richter & Hampton LLP

California Enacts Expansive, Retroactive Supplemental COVID-19 Paid Sick Leave Law

Beginning on March 29, 2021, Senate Bill 95 will place additional requirements on employers to provide supplemental paid sick leave to employees impacted by COVID-19. The bill, which was approved by the legislature on March...more

BCLP

Court Confirms that CCPA Is Not Retroactive

BCLP on

In one of the first substantive decisions handed down since the California Consumer Privacy Act (“CCPA”) came into effect, the District Court for the Northern District of California held in Gardiner v. Walmart, Case No....more

Faegre Drinker Biddle & Reath LLP

Summary of New California COVID-19 Supplemental Paid Sick Leave – What Employers Need to Know

On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which extends and expands employer requirements to provide supplemental paid sick leave (SPSL) to employees impacted by COVID-19. SB 95 goes into...more

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