Author Info for Downs Rachlin Martin PLLC

Matthew Borick

Vermont Legislature Proposes New Consumer Privacy Legislation

Since 2020, in the wake of the General Data Protection Regulation (GDPR) established in the EU, there has been a growing wave of U.S. states enacting omnibus laws governing the privacy of personal information (i.e., information…more

Legislative Agendas, Legislative Committees, Regulatory Agenda, State and Local Government, State Budgets

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Andre Bouffard

Lenders Must Follow Their Own Security Agreements Covering Non-Borrower Collateral or Lose the Collateral

The Vermont Supreme Court has traditionally had very little sympathy for banks and financial institutions who do not follow their own lending agreements to the letter, and then ask for court relief when they end up in litigation…more

Borrowers, Commercial Loans, Financial Institutions, Lending, VT Supreme Court

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Amy Braun

US DOL Issues Guidance on FFCRA, FLSA, and FMLA as Businesses Reopen

On July 20, 2020, the U.S. Department of Labor published additional guidance on how the Families First Coronavirus Response Act (“FFCRA”), the Fair Labor Standards Act (“FLSA”), and the Family and Medical Leave Act (“FMLA”) may…more

Compensation, Coronavirus/COVID-19, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA)

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Andrew Brewer

DRM Legislative Preview | Week 19

Closing out Week 18 of the 2023 Legislative Session - The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler..…more

General Assembly, Legislative Agendas, Legislative Committees, State and Local Government, State Legislatures

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Sarah Butson

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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Jeremy Carter

Expanding the “Accredited Investor” Definition

SEC expands definition of "accredited investor", granting startups and growing companies easier access to capital - The United States Securities and Exchange Commission (the “Commission”) adopted a new rule on August 26,…more

Accredited Investors, Capital Raising, Emerging Growth Companies, Final Rules, Financial Industry Regulatory Authority (FINRA)

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William T. Clark

COVID-19 is No Excuse for Missing Court Deadlines

COVID-19 has slowed down many pending court cases, with trial dates being pushed out indefinitely as the pandemic worsens. Despite these slowdowns, the Vermont Supreme Court recently made clear that court deadlines remain in…more

Coronavirus/COVID-19, Dismissals, Failure To Respond, Filing Deadlines, Governor Scott

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Alexandra Clauss, AWI-CH

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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Tristram Coffin

Volkswagen Class Action Update

Proposed settlement filed in Volkswagen class action - The class plaintiffs, the government and VW filed a proposed settlement agreement in court yesterday. I wanted to provide you with a copy of the proposed settlement…more

Automotive Industry, Buyback Programs, Carbon Emissions, Class Action, Environmental Protection Agency (EPA)

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Timothy Copeland, Jr.

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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Kathleen Davis

Captive Insurance Update | Issue 1 | 2025

Every year, the members of the Vermont Captive Insurance Association’s legislative committee and the Vermont Department of Financial Regulation (the “DFR”) work to improve Vermont’s captive insurance laws and regulations…more

Compliance, Federal Taxes, Insurance Regulations, Internal Revenue Code (IRC), New Regulations

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William Dodge

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

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Timothy Doherty Jr.

AFP: $80 Billion to Audit Businesses and Wealthy in Biden Plan

On April 28, 2021, President Biden presented the “American Families Plan” (AFP), an ambitious spending program focused on providing family leave, child care and nutrition, health care, preschool and college education to millions…more

Audits, Biden Administration, Corporate Taxes, High Net-Worth, Income Taxes

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Jennifer Drake

Vermont: Overview of the Data Broker Act

The Act Relating to Data Brokers and Consumer Protection (No. 171, 2018) (‘the Data Broker Act’), located at §§2430-31, 2447, and 2466 of Title 9 of the Vermont Statutes Annotated, went into full effect on 1 January 2019. The…more

Consumer Privacy Rights, Cybersecurity, Data Brokers, Data Collection, Data Privacy

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Ryan Flatley

What Connelly v. United States Means for Closely-Held Businesses

The US Supreme Court recently issued a significant decision, impacting many closely-held businesses with buy-sell agreements funded by life insurance policies, Connelly v. United States, 144 S. Ct. 1406 (2024). In a 9-0…more

Appeals, Buy-Sell Agreements, Certiorari, Connelly v United States, Estate Planning

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Emily Garrett

Vermont Overhauls its Renewable Energy Standard with the Passage of H.289

On Monday, June 17, the Vermont legislature passed H.289 to significantly reform the Renewable Energy Standard (“RES”) (30 V.S.A. §§ 8001-8016), overriding Governor Phil Scott’s veto of the bill by a vote of 21-8 in the Senate,…more

New Legislation, Public Utility, Renewable Energy, Tax Credits, Vermont

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Krista Gay

Texas Federal Court Sets Aside DOL’s New Salary Threshold for Exempt Workers

On Friday, November 15, 2024, the United States District Court for the Eastern District of Texas (“District Court”) issued a decision invalidating the April 2024 Department of Labor (“DOL”) rule which increased the minimum…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Minimum Salary

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Taylor Hallowell

One Year of LKQ v. GM: How Much Has Really Changed?

One year ago today, the en banc Federal Circuit decided LKQ Corporation v. GM Global Technology Operations LLC, where it overturned the decades-old Rosen-Durling test for obviousness of a design patent for being “improperly…more

CAFC, Design Patent, Obviousness, Patent Applications, Patent Litigation

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F. David Harlow

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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Marc Heath

Coronavirus (COVID-19) Legal Resources for Business (UPDATED)

April 3, 2020: SBA Issued Interim Final Rule On Thursday, April 2 To Facilitate The Implementation Of The Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Federal Loans

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Morgan Heller II

Effective Ways to Protect Your Intellectual Property

Much like invention patents (called “utility patents” in the U.S.), utility models provide exclusive rights that can be enforced to prevent competitors from copying your company’s innovations…more

Intellectual Property Protection, Inventions, IP Portfolio, Patents, Utility Model

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R. Prescott Jaunich

IRS Reaffirms Non-Deductibility of Forgiven PPP Loan Expenses and Affords New Tax Filing Safe Harbor Rules

In May, the IRS issued Notice 2020-32, providing that a taxpayer that receives a loan through the Paycheck Protection Program (“PPP”) is not permitted to deduct expenses that are normally deductible under the Code to the extent…more

CARES Act, IRS, Loan Forgiveness, Paycheck Protection Program (PPP), Revenue Procedures

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Walter Judge

Premises Liability: Vermont Supreme Court Affirms That Landowner Is Not Responsible for Death of Lessee’s Guest

The Vermont Supreme Court just issued a new premises liability decision, clearing a non-possessory property owner from a wrongful death claim made by an invitee of the commercial tenant. Here’s the decision and a very brief…more

Bodily Injury, Commercial Tenants, Landlords, Negligence, Premises Liability

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Elizabeth Kohler

VT Supreme Court Upholds PSB Approval of Bennington Tower

On November 19, 2015, the Vermont Supreme Court decided in favor of VTel Wireless, Inc. and upheld the Public Service Board’s approval of a telecommunications tower in Bennington, Vermont. This decision marks only the second…more

Aesthetic Functionality, Cell Towers, Telecommunications, VT Supreme Court, Wireless Industry

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Tom Kohler

When should you contact a patent attorney?

Short answer: As soon as you decide you are serious about trying to protect a new idea. Seriously. If you really don’t know much or anything about patents and patenting inventions, there are a few very basic things that would…more

Intellectual Property Protection, Patent Infringement, Patents, Risk Management

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Patricia Komline

DRM Legislative Preview | Week 19

Closing out Week 18 of the 2023 Legislative Session - The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler..…more

General Assembly, Legislative Agendas, Legislative Committees, State and Local Government, State Legislatures

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Peter Kunin

So You Think You Can Use Your Trademark Outside the US?

Trademarks are among the most valuable assets owned by companies that focus on individual consumers — from breweries to start-up app developers. Trademarks protect brands and can be found in the form of words (COCA COLA),…more

Brand, Canada, China, Corporate Branding, Intellectual Property Protection

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Joshua Leckey

Vermont Overhauls its Renewable Energy Standard with the Passage of H.289

On Monday, June 17, the Vermont legislature passed H.289 to significantly reform the Renewable Energy Standard (“RES”) (30 V.S.A. §§ 8001-8016), overriding Governor Phil Scott’s veto of the bill by a vote of 21-8 in the Senate,…more

New Legislation, Public Utility, Renewable Energy, Tax Credits, Vermont

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Shannon Lenzini

Corporate Transparency Act – FinCEN Announces Domestic Reporting Companies Exempt From Filing

As promised, in order to reduce the burdens on placed on legitimate businesses, while still working to detect, prevent, and prosecute financial crimes, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has…more

Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act, Final Rules

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Rebecca Lewandoski

DRM Legislative Preview | Week 19

Closing out Week 18 of the 2023 Legislative Session - The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler..…more

General Assembly, Legislative Agendas, Legislative Committees, State and Local Government, State Legislatures

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Robert Luce

Falls are the leading cause of traumatic brain injury

Falls account for two-thirds of TBIs in adults over 65. Preventing falls is therefore key to mitigating the risk of TBI. Falls can happen to anyone and can lead to tragic consequences, even where there is no visible injury. A…more

Bodily Injury, Healthcare, Liability, Negligence, Patients

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Johan Maitland

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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Gabrielle Malina

DRM Legislative Preview | Week 19

Closing out Week 18 of the 2023 Legislative Session - The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler..…more

General Assembly, Legislative Agendas, Legislative Committees, State and Local Government, State Legislatures

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Nancy Malmquist

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

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John Marshall

News from the Vermont State House - An Analysis from DRM’s Government & Public Affairs Team - January 2017 #2

Treasurer Will Build Public Pension Plan for Small Business - State Treasurer Beth Pearce on Wednesday asked the Senate Economic Development, Housing and General Affairs Committee to create the framework for a retirement…more

Apprenticeships, Baby Boomers, Caregivers, Chemicals, Contamination

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Jennifer McDonald

Jury Trials During the Pandemic: Unvaccinated Jurors May Be Excluded For Cause

Courts across the country are temporarily suspending jury trials amid the Omicron variant wave. Prior to that surge, many jurisdictions had resumed criminal and civil jury trials with health and safety protocols. …more

Coronavirus/COVID-19, Court Closures, Court Schedules, Jury Duty, Jury Trial

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Kevin McGrath

Means Plus Function – Williamson Removed The “Heavy” Presumption But Dyfan And VDPP Pack Some of the Pounds Back On

When a claim term is construed as a means plus function limitation, the recited “means” is limited to only the specific structures disclosed in the specification for performing the recited function, and a limited range of…more

Claim Limitations, Expert Testimony, Intellectual Property Protection, Means-Plus-Function, Patent Applications

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Conor McKenzie

Vermont Property Tax Appeals

It’s property tax appeal season in Vermont—property tax grievance hearings typically occur between Mid-May and early June. If your property has been re-assessed, you will receive a notice in the mail informing you of the new…more

Appeals, Filing Deadlines, Filing Requirements, Government Agencies, Municipalities

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William J. Morris III

Trademark Scams On The Rise

Those were the first words I heard when my client called me the other day. Moments later, I joined a call with my client and a very convincing “representative” of the U.S. Patent and Trademark Office (“USPTO”) seeking money…more

Scams, Trademarks, USPTO

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Bruce Palmer

Coronavirus (COVID-19) Legal Resources for Business (UPDATED)

April 3, 2020: SBA Issued Interim Final Rule On Thursday, April 2 To Facilitate The Implementation Of The Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Federal Loans

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Mary Parent

Corporate Transparency Act – FinCEN Announces Domestic Reporting Companies Exempt From Filing

As promised, in order to reduce the burdens on placed on legitimate businesses, while still working to detect, prevent, and prosecute financial crimes, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has…more

Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act, Final Rules

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Alexis Peters

New Administrative Rules for Vermont Notaries Take Effect

On February 26, 2025, Administrative Rules for Notaries Public (the “Administrative Rules”) went into effect. These rules, which were adopted by the Vermont Secretary of State’s Office of Professional Regulation (“OPR”), allow…more

Final Rules, Government Agencies, New Regulations, Notarization, Proposed Rules

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Wm. Roger Prescott

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

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Elizabeth Rattigan

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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Jon Readnour

How do you Create a Condominium or Planned Community in Vermont?

In our previous article, we discussed the distinction between common interest communities, condominiums, and planned communities. As we explained, condominiums and planned communities are types of common interest communities,…more

Community Associations, Condominium Associations, Condominiums, Homeowners Association (HOA), Planned Communities

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Amy Resnick

New OSHA Guidance on Protecting Worker Health

President Biden recently signed the Executive Order on Protecting Worker Health and Safety, which can be found here. This Executive Order emphasizes the Biden administration’s commitment to ensuring safe workplaces for employees…more

Biden Administration, Coronavirus/COVID-19, Executive Orders, Families First Coronavirus Response Act (FFCRA), Health and Safety

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Christopher Roy

Governor Scott and Tripartisan Group of Legislators Submit Ambitious Housing Bill

On January 10, Governor Scott and a tripartisan group of legislators presented H. 719, dubbed the BeHOME Act. This bill may constitute the most ambitious reform effort to date to address Vermont’s inadequate housing supply…more

Affordable Housing, Appropriation, General Assembly, Infrastructure, Jurisdiction

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Brendan Sage

Remote Work Accommodations in the Post-COVID Era

As more businesses return to the office in 2022, and the workplace slowly settles into a post-pandemic equilibrium, many employers are grappling with how remote work should fit into their workplaces in the post-COVID era. While…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Reasonable Accommodation, Religious Accommodation

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Emily Samet

Corporate Transparency Act – FinCEN Announces Domestic Reporting Companies Exempt From Filing

As promised, in order to reduce the burdens on placed on legitimate businesses, while still working to detect, prevent, and prosecute financial crimes, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has…more

Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act, Final Rules

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Timothy Sampson

Coronavirus (COVID-19) Legal Resources for Business (Updated)

RECENT DEVELOPMENTS - October 20, 2020: Vermont’s Governor Phil Scott announced a new round of economic recovery grants for Vermont businesses, to be administered by the Vermont Agency of Commerce and Community Development…more

Business Closures, Coronavirus/COVID-19, Financial Distress, Governor Scott, Relief Measures

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Alison Sherman

The SECURE Act Changes How Beneficiaries Inherit Retirement Accounts

On December 20, 2019 the “Further Consolidated Appropriations Act, 2020” became law. As part of the Act and in part to pay for the over 1.7 trillion in spending that the Act contemplates, Section “O” sets forth the Setting Every…more

Beneficiaries, Beneficiary Designations, Distribution Rules, Employee Benefits, Retirement Plan

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Heather Southwell

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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Cathleen Stadecker

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer…more

Australian Patent Office, Canadian Intellectual Property Office (CIPO), Coronavirus/COVID-19, Court Schedules, European Patent Office

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Benjamin Traverse

Top 10 Reasons Why Remote Work Can Be Complicated

While there are many benefits to working from home, there are also a number of important things to remember when you have remote employees or if you are trying to implement a hybrid work solution. We thought this list would be…more

Child Care, Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Human Resources Professionals

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April Tuck

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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J. Zaw Win

Captive Insurance Update | Issue 1 | 2025

Every year, the members of the Vermont Captive Insurance Association’s legislative committee and the Vermont Department of Financial Regulation (the “DFR”) work to improve Vermont’s captive insurance laws and regulations…more

Compliance, Federal Taxes, Insurance Regulations, Internal Revenue Code (IRC), New Regulations

See all updates »

Matthew Woodbury

Infrastructure Act: Key Investments in Infrastructure, Clean Energy and Rural Broadband Funded by Limited Tax Provisions

Monday, President Biden signed the $1 trillion Infrastructure Investment and Jobs Act (the "Infrastructure Act") into law. The bill, H.R. 3684, originally introduced into the House on June 4, was sent to the President's desk…more

Biden Administration, Broadband, Charging Stations, Clean Energy, Climate Change

See all updates »

Andrea Ortiz Wright

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of…more

Employee Handbooks, Employee Rights, Employment Policies, NLRA, NLRB

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Downs Rachlin Martin PLLC

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