Recently, we wrote about the new MA Campus Sexual Assault Law, including the requirement that all Colleges file a report with the MA Department of Higher Education (DHE) on or before December 1, 2021 (the first of what will be annual… more

On November 10, 2021, the Safer Federal Workforce Task Force released updated Guidance for Federal Contractors and Subcontractors, which extends the date for covered contractor employees to be fully vaccinated to January 18, 2022… more

This blog post was originally published in 2019 and has been updated to include the most current information. Our country’s veterans selflessly sacrificed in service of others, but whether due to pride or lack of knowledge, many don’t… more

It’s a legal project management conundrum in every medium and large law firm. How do you scale your team to service the needs of both your clients and your lawyers? There simply aren’t enough LPM resources to go around. Some firms have… more

There are many facets to success. The road is different depending on your profession, but in all situations, it involves opportunity and preparation, as well as timing and hard work. The preparation and hard work count as investing in… more

There is no question the policy considerations underlying Environmental Justice (EJ) are valid. As a society, we need to recognize that some communities are more at risk than others and devise means to mitigate these risks or at least… more

Due to the size and complexity of computer code, the software is usually created by a team of programmers. Consequently, to fully own software one must first make sure that each of the developers has relinquished any ownership… more

On November 10, the United Kingdom (U.K.) Supreme Court issued a decision in Lloyd v. Google LLC, UKSC2019/0213 (Supreme Court of the United Kingdom), recognizing that the loss of control of personal data by consumers alone is… more

Five more judges on the U.S. Court of Appeals for the Third Circuit agree with their colleague that courts must not “reflexively defer” to the U.S. Sentencing Guidelines commentary and should instead follow the rule of lenity by… more

Remember back in 2020, slogging through filing EEO-1 Component 2 pay data for 2017 and 2018? Several months after the Component 2 upload portal closed, the Equal Employment Opportunity Commission (EEOC) asked the National Academy of… more

Many recent no-poach agreement antitrust claims have risen within the franchise context, where the alleged agreement was plainly described in the operative franchise agreements. In those cases, the parties fought over what standard of… more

Twitter CEO Jack Dorsey is stepping down, effectively immediately, from the site he co-founded in 2006. He was replaced by company CTO Parag Agrawal, “who has recently been working on technologies associated with cryptocurrencies.”… more

Zusammenfassung der bisher ergangenen Rechtsprechung zu § 313 Abs. 1 BGB Es wird spannend… anstehende mündliche Verhandlung des BGH zur Störung der Geschäftsgrundlage (§ 313 Abs. 1 BGB) im Zusammenhang mit der Covid-19 Pandemie… more

Ten state attorney generals’ offices have launched a joint investigation exploring whether Meta, formerly known as Facebook, broke consumer protection laws in its attempt to attract minors to its platforms, such as Instagram. The… more

Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do settling. The prospect of liability for the other side’s fees is a long shadow cast by every case, whether it basks in… more

As we draw close to the end of the year, we take a moment to revisit some of the taxation changes announced in the Autumn budget, with some of these being implemented in the upcoming tax year in April 2022… more

The term “metaverse” is one of the latest tech buzzwords to make headlines – especially after Facebook founder and CEO Mark Zuckerberg announced that, as of October 28, 2021, Facebook’s parent company has been renamed and rebranded… more

In Germany, regular works council elections are held every four years, from March 1 through May 31. The next election period will begin shortly, starting on March 1, 2022. Companies should prepare early on for the election process. In… more

New York Governor Kathy Hochul enacted an auto-IRA law, effective October 21, which requires certain New York employers to either offer their employees a qualified retirement plan or join the state-run IRA program. The new law amends… more

With the goal of reaching aggressive emissions reductions targets established by the Climate Leadership and Community Protection Act (“CLCPA”), New York is targeting building decarbonization as a way to significantly cut carbon… more

One of the more ambitious provisions of the new Environment Act 2021 is the mandatory requirement for new developments to provide a 10% biodiversity net gain. Whilst this requirement has no legal effect yet (and will be brought into… more

On Nov. 18, 2021, federal bank regulatory agencies approved a final rule requiring banking organizations to notify regulators of “any significant computer-security incident” as soon as possible and no later than 36 hours after a… more

If corporatists are correct and big, wealthy enterprises legally get rights akin to what real folks have, can it also be true that institutions, like people, sometimes just lose their way? This argument may be evidenced by the… more

With another government fiscal year behind us, it's time to examine full fiscal year suspension and debarment data available in the System for Award Management, or SAM. As has been the case annually since the close of fiscal year 2016… more

The association noted that regulators could provide market participants with much-needed additional trust in ESG ratings and data. On 23 November 2021, the International Organization of Securities Commissions (IOSCO) published a… more

Our Immigration Team examines the Department of Homeland Security’s many questions about potentially making permanent its COVID-19 policies on remotely examining employees’ Form I-9 and other required documentation… more

Outlook for This Week in the Nation’s Capital - Congress. The House and Senate are back in session this week. At the top of their to-do list is coming to an agreement on the next continuing resolution (CR) for FY22 appropriations, as… more

Mere days after the infrastructure bill became effective, the Federal Communications Commission (FCC) launched a rulemaking proceeding to create rules for the new $14.2 billion Affordable Connectivity Program (ACP). The ACP modifies… more

A district court judge recently reversed and remanded a well-known bankruptcy decision discharging a significant student loan debt. In the Southern District of New York, Judge Philip Halpern, reviewing the bankruptcy court’s summary… more

The IRS recently released a trio of Revenue Procedures - 2021-48, 2021-49, and 2021-50 - related to the Paycheck Protection Program (PPP), which has been the subject of a number of our previous legal alerts. Some alerts can be viewed… more

WORK-FOR-HIRE DOCTRINE - Under copyright law, artists generally own the rights to the work they create. However, an exception exists when an artist’s work qualifies as a “work made for hire” under Section 101 of the Copyright Act. A… more

Following up on our November 3 alert broadly detailing the agreement between the United States and the European Union to replace the Section 232 tariffs on steel and aluminum with a tariff rate quota (TRQ), the US Department of… more

On November 24, 2021, the New York state Office of Cannabis Management (OCM) published a Notice of Adoption of the long-awaited hemp regulations. The regulations are codified at 9 NYCRR Part 114, titled “Cannabinoid Hemp.” Aside from… more

The Covid-19 pandemic has caused upheaval across labor markets and resulted in what some have termed the “Great Resignation.” In the midst of these challenging labor market conditions, employers should be aware that the U.S. Department… more

Wisconsin has adopted the Revised Uniform Unclaimed Property Act (the Uniform Act”), with a few local variations. 2021 Wisconsin Act 87, published November 6, 2021. The new statute (the “Wisconsin Act”) will be good news for some… more

On November 19, 2021, OIG issued Advisory Opinion No. 21-17 in which it responded to a request for an advisory opinion regarding a proposed subsidization of certain Medicare cost-sharing obligations in the context of a clinical trial… more

The London Stock Exchange (the “Exchange”) has publicly censured and fined an AIM company £580,000 for breach of Rule 13 (the related party transaction rules) and Rule 31 of the AIM Rules for Companies (liaison with the nominated… more

On July 14, 2021, clause 121B of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) was introduced providing an express power to enable a modification application to be amended… more

Mike Tyson famously said, “Everyone has a plan until they get punched in the face.” Those in the Intellectual Property (IP) world can appreciate what that means. Ask any emerging tech company that has been slapped – or punched – with a… more

As in prior years, the National Defense Authorization Act for Fiscal Year 2021 contains a variety of provisions setting U.S. Department of Defense priorities for energy, environmental, and natural resource issues. These include… more

The festive season is almost upon us, bringing with it the (in)famous office holiday party. This event is a great opportunity for employers to reward hard work, strengthen team culture and blow off steam. Additionally, this year, it… more

In late July, Jennifer A. Abruzzo was confirmed as the new general counsel (GC) of the National Labor Relations Board (NLRB). The vote was 51-50 and required Vice President Kamala Harris to cast the tie-breaking vote. Like previous… more

UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the judicial review… more

The notorious “ABC” test continues to rear its head across the nation. This strict, worker-friendly test that is used to determine whether a worker is properly classified as an independent contractor as opposed to an employee has risen… more

The latest series of Covid-19 news is discomfiting. The Biden administration is fighting in court for its vaccinate-or-test mandate. Europe, Asia, and parts of the U.S. are suffering from a heavy uptick in “Delta” variant Covid-19… more

今回の米国司法省の政策変更において、司法省は個人の責任に一層の重点を置き、また企業の過去の違法行為に対しては包括的な評価を行い、さらに企業との司法解決に対してはより厳格な対応をすることとなる - 2021年10月28日、米国司法省 （United States Department of Justice、以下「DOJ」）… more

Pending legislation on both the federal and state level attempts to restrict employers’ ability to enforce restrictive covenants if they choose to mandate vaccinations and make employment decisions based on those policies, regardless… more

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case and vaccination metrics… more

Since the publication of our November 12, 2021 alert, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance following the November 10, 2021 settlement agreement and updated the I-9 Handbook providing for automatic… more

In this podcast, Brian Schneider and Megan Daily discuss frequently asked questions from small businesses and nonprofits about contract management. During this 10-minute podcast, Brian and Megan cover: Do you always need a… more

Il 9 settembre 2021, i funzionari dell’Autorità di concorrenza greca (“HCC”) hanno svolto ispezioni a sorpresa presso le sedi di diverse società attive nella fornitura e vendita al dettaglio di prodotti ai supermercati (cereali, latte… more

Supreme Court of Virginia Declines Certified Questions from Federal Court in In re: Capital One Consumer Data Security Breach Litigation - The lawsuit In re: Capital One Consumer Data Security Breach Litigation, has already spawned… more

On November 29, 2021, a federal court in Missouri enjoined the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate in the following states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota… more

On November 12, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a final rule rescinding the Medicare Coverage of Innovative Technology and Definition of “Reasonable and Necessary” final rule (MCIT/R&N). As we reported… more

As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion requesting that the 6th Circuit transfer all of the consolidated petitions to the D.C. Circuit, arguing that the D.C. Circuit is better equipped… more

The New York Court of Appeals has held that a $140 million disgorgement payment in an SEC settlement is not a non-covered “penalty” under a professional liability policy. According to the court, the payment had compensatory purposes… more

In a preliminary injunction issued on Monday, November 29, 2021, a federal judge in Missouri blocked the implementation and enforcement in 10 states of an interim final rule by the Centers for Medicare & Medicaid Services (CMS) that… more

On 25 November 2021, the European Commission (the Commission) adopted a package of measures aimed to deliver on several key commitments in the 2020 Capital Markets Union (CMU) action plan. The package includes four legislative… more