Author Info for Lathrop GPM

Dara Alvarado

Beneficial Ownership Information Rules and Regulations: How It May Impact You

On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued a final rule (the “Rule”), the first of three planned rulemakings implementing the beneficial ownership information reporting rules of the…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Final Rules

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Jeffrey Anderson

Extension of SEC Filing Requirements; Annual Meetings

Extension of SEC Filing Deadlines. On March 25, 2020, the Securities and Exchange Commission (SEC) issued an order (the “March 25 Order”) providing a 45-day extension of the filing deadlines for certain reporting obligations of…more

Coronavirus/COVID-19, Corporate Governance, Relief Measures, Securities and Exchange Commission (SEC), Time Extensions

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Megan Anderson

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete agreements…more

Common Carriers, Contract Terms, Corporate Executives, Employment Contract, Exempt-Employees

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Robyn Anderson

California Wildfires - Insurance Recovery Checklist

The wildfires that erupted across Northern California in the beginning of October have, according to the California Department of Insurance, damaged or destroyed more than 7,000 structures and have ravaged some of California's…more

Department of Insurance, Fire Damage, Fire Insurance, Insurance Industry, Property Insurance

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David Archer

Virginia Federal Court Rules It has Subject Matter Jurisdiction Over DTSA Claim Because Foreign Bankruptcy Proceeding Only Stayed Claims Against Debtor, Not Claims Brought by Debtor

A federal court in Virginia recently ruled that it had federal question subject matter jurisdiction over a Defend Trade Secrets Act (DTSA) claim, rejecting Defendants’ argument that a foreign bankruptcy proceeding stayed the…more

Commercial Bankruptcy, Defend Trade Secrets Act (DTSA), Foreign Entities, Franchises, Franchisors

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Alexandra Bass

Minnesota Enacts Comprehensive Data Privacy Law

Minnesota has become the 19th state to pass a comprehensive data privacy law. On May 24, Governor Tim Walz signed into law the Minnesota Consumer Privacy Act (H.F. 4757) (the “MCPA”), which takes effect July 31, 2025…more

Compliance, Consumer Privacy Rights, Data Privacy, Data Protection, Effective Date

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William Beck

EPA Unveils New Proposed National Limits for PFAS in Drinking Water

On March 14, EPA released its long-awaited proposed rule limiting concentrations of six per- and polyfluoroalkyl substances (PFAS) or “forever chemicals,” in public drinking water. The proposed rule would set a legally…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Blaine Bengtson

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental…more

ASTM, Brownfield Properties, CERCLA, Contamination, Discharge of Pollutants

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Lee Bennin

Is there a Damages Limitation on Timely Copyright Claims? Supreme Court says: "No."

On May 9, 2024, the United States Supreme Court clarified that the “Copyright Act entitles a copyright owner to recover damages for any timely claim.” This seemingly simple rule of law, however, rested on shaky ground as soon as…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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Eli Bensignor

NLRB Moves to Voluntarily Dismiss Joint Employer Rulemaking Appeal

In July 2024, the National Labor Relations Board (NLRB) withdrew its appeal of a March 2024 federal district court decision striking down the NLRB’s 2023 joint employer rule. In that decision, the Eastern District of Texas…more

Chamber of Commerce, Joint Employers, NLRA, NLRB, Rulemaking Process

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Jesse Berg

Now is Not the Time to Relax: Record Settlements in Stark Law and False Claims Cases

In early May 2024, the University of Pittsburgh Medical Center (UPMC) agreed to pay $38 million to resolve a False Claims Act case based on alleged Stark Law violations. The size of the settlement in United States ex rel. J…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Justice (DOJ), Fair Market Value, False Claims Act (FCA)

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Andrew Biddison

Estate Tax Sunset Encourages Strategic Asset Retitling

Current tax laws provide historically high exclusion amounts for the federal estate and generation skipping transfer tax. These exclusion amounts, however, are slated to sunset by roughly 50% at the end of 2025…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, IRS

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Richard Bien

Missouri Governor Signs Bill on COVID-19 Civil Actions

On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the…more

Civil Liability, Coronavirus/COVID-19, Damages, Governor Parson, Health Care Providers

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Catherine Bitzan Amundsen

Building Nonprofit Resilience: Dealing with Financial Distress

In this multi-part series, we highlight strategic steps that nonprofits can take to build organizational resilience in three different phases of its life cycle—in times of health, when beginning to experience financial or other…more

Bankruptcy Code, Chapter 11, Chapter 7, Court-Appointed Custodians, Creditors

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Ruth Brackney

Estate Planning after The Tax Cuts and Jobs Acts of 2017

The Tax Cuts and Jobs Act of 2017 (the “Act”) doubled the amount of property that an individual can transfer without incurring federal estate, gift or generation-skipping transfer tax (“Exemption Amount”) from $5,490,000 in 2017…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Cuts and Jobs Act

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Jean Paul Bradshaw II

Missouri Aims to Weed out Meritless Punitive Damage Claims and Reign in Consumer Protection Claims

Last week, the Missouri General Assembly passed and sent to Governor Mike Parson the latest bill advancing the state’s ongoing tort reform. Senate Bill No. 591 is widely considered to be a win for corporate defendants statewide…more

Governor Parson, Legislative Agendas, Pending Legislation, Tort Reform

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John Brower

Rollover Equity in a Sale to a Private Equity Firm: Seller’s Concerns

When a private equity (PE) firm acquires a closely held business, it is quite common for the seller to roll over some of its equity into equity in the entity (the “Company”) that is acquiring the business. If the seller has…more

Acquisitions, Investors, Mergers, Private Equity, Private Equity Firms

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Alexander Brown

Missouri Federal Court Opens Door to COVID-19 Business Interruption Claims

On August 12, 2020, U.S. District Court Judge Stephen Bough for the Western District of Missouri ruled that the plaintiff insureds may pursue claims for business income losses due to COVID-19 under standard property and casualty…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Denial of Insurance Coverage, Insurance Claims

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Amy Brozenic

New Canadian Trademark Rules Go Into Effect June 17, 2019

The Canadian Intellectual Property Office has issued new Trademark Regulations that will go into effect on June 17, 2019. These new regulations implement significant amendments in the Canadian Trademarks Act adopted by the…more

Canada, Canadian Intellectual Property Office (CIPO), New Regulations, Trademarks, Trademarks Act

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Ann Burns

Philanthropy in the COVID-19 World: What Gives?

In a few short (but seemingly very long) weeks, the world has become a very different place. Philanthropy has become urgent to meet the needs of people all over the world who are impacted by the COVID-19 virus. At the same time,…more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Philanthropy

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Emily Cantwell

Employers with Illinois Employees Should Be Aware of the Amendments to the Illinois One Day Rest in Seven Act

On January 1, 2023, the amendments to the Illinois One Day Rest in Seven Act (“ODRISA”) took effect, and the changes are significant. Employers with one or more employees in Illinois should take note of these new amendments to…more

Compliance Dates, Employer Liability Issues, Exempt-Employees, Non-Exempt Employees, Posting Requirements

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Brian Carr

Legalization of Recreational Cannabis Finds Success at the State Ballot Box in 2020; Federal Level Questions Remain

State Level Legalization Grows - After the dust settled from the elections on Nov. 3, four new states added their names to the growing list of states that have legalized recreational cannabis. Voters in Arizona, Montana, New…more

Cannabis Products, Decriminalization of Marijuana, Marijuana, New Legislation, Recreational Use

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Brandon Chapman

Missouri Aims to Weed out Meritless Punitive Damage Claims and Reign in Consumer Protection Claims

Last week, the Missouri General Assembly passed and sent to Governor Mike Parson the latest bill advancing the state’s ongoing tort reform. Senate Bill No. 591 is widely considered to be a win for corporate defendants statewide…more

Governor Parson, Legislative Agendas, Pending Legislation, Tort Reform

See all updates »

Mara Cohara

Far Reaching Executive Order Pushes Toward National “Right to Repair”

President Biden signed into law on Friday, July 9, 2021, a sweeping executive order titled “Executive Order on Promoting Competition in the American Economy,” laying out 72 actions for more than a dozen federal agencies. The…more

Agricultural Sector, Biden Administration, Competition, Consumer Product Companies, EU

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Michael Cohen

Minnesota Enacts Comprehensive Data Privacy Law

Minnesota has become the 19th state to pass a comprehensive data privacy law. On May 24, Governor Tim Walz signed into law the Minnesota Consumer Privacy Act (H.F. 4757) (the “MCPA”), which takes effect July 31, 2025…more

Compliance, Consumer Privacy Rights, Data Privacy, Data Protection, Effective Date

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Nancy Sher Cohen

California Wildfires - Insurance Recovery Checklist

The wildfires that erupted across Northern California in the beginning of October have, according to the California Department of Insurance, damaged or destroyed more than 7,000 structures and have ravaged some of California's…more

Department of Insurance, Fire Damage, Fire Insurance, Insurance Industry, Property Insurance

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Allyson Cunningham

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental…more

ASTM, Brownfield Properties, CERCLA, Contamination, Discharge of Pollutants

See all updates »

Peter Daniel

[Virtual Event] State of Litigation – Part 2 - June 16th, 12:00 pm - 2:15 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Continuing Legal Education, Coronavirus/COVID-19, Credibility, Criminal Convictions, Ethics

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Lindsey Day

Breaking: New Corporate Transparency Act Requires Disclosures From Many Businesses

As of January 1, 2024, the federal Corporate Transparency Act ("CTA") will require action to be taken by many business entities—even certain single member LLCs. Owners, officers, directors and even trust beneficiaries and trust…more

Beneficial Owner, Corporate Transparency Act, Financial Regulatory Reform, FinCEN, National Security

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James DeGiulio, Ph.D.

Federal Circuit Overrules ODP Rejection of Parent Patent Based on In re Cellect

In a new precedential decision issued August 13, 2024, the Court of Appeals for the Federal Circuit in Allergan USA. v. MSN Labs, 24-1061, held that a first-filed, first-issued parent patent that receives a patent term…more

Abbreviated New Drug Application (ANDA), Allergan Inc, First-Filed Action Rule, Generic Drugs, Obviousness-Type Double Patenting (ODP)

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Brian Dillon

(Almost) Ten Top Tips for Fiduciaries to Avoid Litigation

Fiduciaries sometimes find themselves in the unenviable position of facing conflict, whether with or among beneficiaries. In this article we offer some tips for preventing and managing conflicts and approaching the role…more

Beneficiaries, Best Practices, Breach of Duty, Conflicts of Interest, Fiduciary

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Liz Dillon

Deadline Approaching for Minnesota Anti-Poaching Compliance

As the deadline for the Minnesota Anti-Poaching Update draws near, franchisors are reminded to update existing franchise agreements pertaining to non-soliciting and no-poaching restrictions…more

Amended Legislation, Compliance, Contract Terms, Franchise Agreements, Franchises

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Cassie Doutt

Appellate Court in Pennsylvania Affirms Ruling on Gas Station Franchisor’s Indemnification Claims

A state appellate court in Pennsylvania recently affirmed a trial court’s summary judgment ruling addressing a franchisor’s claims for indemnification in a personal injury dispute. Sunoco (R&M), LLC v. Pa. Nat'l Mut. Cas. Ins…more

Additional Insured, Bodily Injury, Commercial Insurance Policies, Franchisee, Franchises

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Sarah Duniway

Is AI Putting Your Organization at Risk?

AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know…more

Artificial Intelligence, Bots, Compliance, Consent, Consumer Privacy Rights

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Amy Erickson

Minnesota Court of Appeals Confirms Immunity from Financial Liability for Guardians

The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the…more

Assault, Assisted Living Facilities (ALFs), Court-Appointed Guardians, Elder Abuse, Elder Care

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Jay Felton

Far Reaching Executive Order Pushes Toward National “Right to Repair”

President Biden signed into law on Friday, July 9, 2021, a sweeping executive order titled “Executive Order on Promoting Competition in the American Economy,” laying out 72 actions for more than a dozen federal agencies. The…more

Agricultural Sector, Biden Administration, Competition, Consumer Product Companies, EU

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Brian Fields

Cryptocurrency 101

If you do not currently own Bitcoin, the odds are in the last few months you have thought about the merits (or lack thereof) of owning Bitcoin. Bitcoin is a cryptocurrency, which is a digital or virtual currency (commonly…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT)

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Kathleen Fisher Enyeart

Is AI Putting Your Organization at Risk?

AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know…more

Artificial Intelligence, Bots, Compliance, Consent, Consumer Privacy Rights

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Edward Fleming V

Is AI Putting Your Organization at Risk?

AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know…more

Artificial Intelligence, Bots, Compliance, Consent, Consumer Privacy Rights

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William Ford

U.S. Supreme Court Restricts EPA’s Power Under Clean Water Act

Thursday, May 25, 2023, in a long-awaited decision, the U.S. Supreme Court dealt a major blow to EPA’s ability to regulate wetlands under the Clean Water Act (CWA)..…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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Maisa Frank

The Franchise Memorandum - Issue #271

Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class…more

Americans with Disabilities Act (ADA), Appeals, Arbitration, Attorney's Fees, Class Action

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Brian Fries

Payment Card Settlement Claim Deadline Extended to August 30, 2024

A very large class action settlement has an approaching deadline for class members to file claims. The class is very broad, defined as “all persons, businesses, and other entities that have accepted any Visa-Branded Cards and/or…more

Claim Procedures, Class Action, Credit Cards, Filing Deadlines, Interchange Fees

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Ian Furman

Supreme Court Holds Corporation Waived Due Process Rights and Consented to General Personal Jurisdiction by Registering to do Business in Pennsylvania; Distinguishes International Shoe.

On June 27, 2023, the United States Supreme Court held in Mallory v. Norfolk Southern R. Co., No. 21-1168, 2023 WL 4187749, that Norfolk Southern submitted to the state of Pennsylvania’s general jurisdiction (that is, being…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

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Susan Gaertner

Just What the DOJ Ordered: Telehealth Enforcement Actions Are Here to Stay

Since the worldwide spread of COVID-19, the demand for telehealth services has surged. The Centers for Medicare and Medicaid Services (CMS) reported over an 11,000% increase in virtual visits (i.e., video- or phone-based visits)…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Sam Garcia

Employers with Employees in the Fifth Circuit Should Take Note of a Change in the “Ultimate Employment Decision Requirement” for Title VII Claims

Employers with employees located in the states falling within the jurisdiction of Fifth Circuit federal courts (e.g. Louisiana, Mississippi and Texas) should take note of an important federal appellate ruling impacting Title VII…more

Adverse Employment Action, Civil Rights Act, Employer Liability Issues, Employment Litigation, Hiring & Firing

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Patricia Garringer-Strickland

Extension of SEC Filing Requirements; Annual Meetings

Extension of SEC Filing Deadlines. On March 25, 2020, the Securities and Exchange Commission (SEC) issued an order (the “March 25 Order”) providing a 45-day extension of the filing deadlines for certain reporting obligations of…more

Coronavirus/COVID-19, Corporate Governance, Relief Measures, Securities and Exchange Commission (SEC), Time Extensions

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Caitlin Gehlen

Texas Federal District Court Strikes Down FTC Rule Banning Noncompete Agreements

In a ruling issued Tuesday, August 20, 2024, the U.S. District Court for the Northern District of Texas struck down the Federal Trade Commission’s (“FTC”) Noncompete Rule banning nearly all noncompete agreements, which had been…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Kevin Graff

Ohio Appellate Court Reverses Summary Judgment Holding Regarding Applicability of Area Representative Agreement to Individuals

An Ohio appellate court, reversing a summary judgment decision, recently held that the “full-time efforts” section of an Area Representative Agreement was applicable only to the area representative entity and not the individual…more

Franchise Agreements, Franchises, Reversal, Summary Judgment

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Michael Gray

Court Denies Distributor’s Motion for Summary Judgment on Wisconsin Fair Dealership Law Claims

A federal court in Wisconsin recently denied a haircare product dealer’s motion for summary judgment on its Wisconsin Fair Dealership Law (WFDL) and breach of contract claims against the dealer’s national distributor. Brava…more

Amazon Marketplace, Breach of Contract, Dealerships, Distributors, Exclusive Dealing Agreements

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Jennifer Griffin

Legalization of Recreational Cannabis Finds Success at the State Ballot Box in 2020; Federal Level Questions Remain

State Level Legalization Grows - After the dust settled from the elections on Nov. 3, four new states added their names to the growing list of states that have legalized recreational cannabis. Voters in Arizona, Montana, New…more

Cannabis Products, Decriminalization of Marijuana, Marijuana, New Legislation, Recreational Use

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Tucker Griffith

[Webinar] IP Litigation: Monetizing Your Patent Portfolio - August 18th, 1:00 pm - 2:00 pm CDT

Whether your portfolio comprises one patent or hundreds of patents, it is important to utilize the portfolio to support continued production and innovation efforts; to explore alternative revenue streams through licensing of…more

Continuing Legal Education, Design Patent, Enforcement Guidance, Intellectual Property Litigation, Intellectual Property Protection

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Sally Grossman

Transferring Your Family or Closely Held Business: Part 1

Transition planning to a family member or other “insider” requires time and forethought to successfully handle both the financial and operational considerations of a family or closely held business. Transitioning ownership and…more

Business Succession, Closely Held Businesses, Corporate Governance, Estate Planning, Family Businesses

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Joseph Growney

Estate Planning Newsletter - Spring/Summer Edition

For many students, this time of year signals the end of their high school careers and the beginning of the transition to college. With that transition, students and their families must address difficult issues, including how to…more

529 Plans, Beneficiaries, Durable Power of Attorney, Power of Attorney, Savings Accounts

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Timothy Hadachek

[Webinar] IP Litigation: Monetizing Your Patent Portfolio - August 18th, 1:00 pm - 2:00 pm CDT

Whether your portfolio comprises one patent or hundreds of patents, it is important to utilize the portfolio to support continued production and innovation efforts; to explore alternative revenue streams through licensing of…more

Continuing Legal Education, Design Patent, Enforcement Guidance, Intellectual Property Litigation, Intellectual Property Protection

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Shlomo Hahn

Georgia Federal Court Dismisses Human Trafficking Claims Against Franchisor

A federal court in Georgia recently dismissed the claims of an alleged human trafficking victim against hotel franchisor G6 Hospitality, while allowing some claims to proceed against the hotel franchisee. Doe (K.B.) v. G6 Hosp.,…more

Dismissals, Franchisee, Franchises, Franchisors, Human Trafficking

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Emma Halling

Michigan Precedent on Michigan Franchise Investment Law Held to Trump Inconsistent Sixth Circuit Precedent on Private Right of Action

A federal court in Michigan recently granted several related franchisors’ motions to dismiss a franchisee’s claims for violations of the Michigan Franchise Investment law. Benjamin Franklin Franchising SPE LLC v. David Michael…more

Breach of Contract, Contract Terms, Franchise Agreements, Franchise Laws, Franchisee

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Lisa Hansen

Cryptocurrency Taxation

With the individual tax filing deadline approaching it is a good time to visit the tax treatment of your bitcoin and other cryptocurrency transactions from 2017. With the increase in publicity and use of cryptocurrencies, the…more

Bitcoin, Cryptocurrency, IRS, Mining, Personal Property

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Loren Hansen

FTC and DOJ Recommend Renewing and Expanding “Right to Repair” Exemptions Under the Digital Millenium Copyright Act

The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s Antitrust…more

Copyright Office, Department of Justice (DOJ), Digital Goods, DMCA, Exemptions

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Jay Harrington

USERRA Does Not Require Paid Military Leave...Or Does It?

The landscape of federal military leave law may be shifting. In the past three years, four federal appellate courts have held that an employer may be required to offer paid leave for an employee’s military service where the…more

Appeals, Chevron Deference, Corporate Counsel, Department of Labor (DOL), Employee Rights

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Grant Harse

New Kansas Act Allows Relief for Purchase of Contaminated Property

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing…more

Contaminated Properties, Environmental Liability, Environmental Policies, Environmental Remediation Costs, Municipalities

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Wade Hauser

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete agreements…more

Common Carriers, Contract Terms, Corporate Executives, Employment Contract, Exempt-Employees

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Kyle Hertel

What Employers and Self-Employed Individuals Need to Know About the Coronavirus Response Act Tax Credits for Emergency Paid Leave

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the “Act”) into law. The Act requires employers with less than 500 employees and certain public employers to provide Emergency Paid Sick…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Sick Leave

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Bradley Hintze

Opening Your Office for Business: A Tenant's Perspective

As America returns to work, each business will need to address COVID-19 related health and safety issues for its employees, customers and others who may utilize the company’s workplace. As of this writing, each of the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, OSHA

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Gizie Hirsh

[Virtual Event] State of Litigation – Part 2 - June 16th, 12:00 pm - 2:15 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Continuing Legal Education, Coronavirus/COVID-19, Credibility, Criminal Convictions, Ethics

See all updates »

Jackson Hobbs

[Webinar] New DOJ Corporate Whistleblower Program - September 10th, 12:00 pm - 12:50 pm CT

In her remarks to the American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa Monaco outlined the forthcoming whistleblower program that seeks to fill in the gaps of existing…more

Continuing Legal Education, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Internal Reporting

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Andrew Hogenson

COVID-19 Federal Loan Assistance Programs

In response to the global COVID-19 pandemic, on March 27, 2020 Congress enacted and the President signed the Federal Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Among other things, the CARES…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Relief Measures

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Tedrick Housh, III

Is AI Putting Your Organization at Risk?

AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know…more

Artificial Intelligence, Bots, Compliance, Consent, Consumer Privacy Rights

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Teresa Hurla

New Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know

New federal legislation is expanding existing employer obligations to provide reasonable accommodations for pregnant employees and reasonable breaks for nursing employees to express breast milk during the workday. The Providing…more

Americans with Disabilities Act (ADA), Breastfeeding, Fair Labor Standards Act (FLSA), Lactation Accommodation, New Legislation

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Allie Itami

Fifty Years of ERISA

On Labor Day fifty years ago, September 2, 1974, President Ford signed the Employee Retirement Income Security Act of 1974 (ERISA) into law. It is a combination of tax and labor law incorporating trust law like fiduciary…more

Affordable Care Act, Benefit Plan Sponsors, COBRA, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Matthew Jacober

Missouri Supreme Court Holds Statutes Creating Lake of the Ozarks Area Lodging Tax Unconstitutional

Guests of Lake of the Ozarks lodging establishments ranging from vacation rentals to resorts will have one less tax to pay thanks to a recent decision by the Missouri Supreme Court. The court found that statutes creating a lake…more

AirBnB, Constitutional Challenges, State Constitutions, Tax Revenues, Tourism

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Jason Johnson

Ohio Federal Court Denies Distributor’s Motion for Preliminary Injunction Following Importer’s Bankruptcy

A federal court in Ohio denied a distributor’s motion for a preliminary injunction, holding that it failed to demonstrate a likelihood of success on the merits of its claims against a beer importer who chose a different…more

Breach of Contract, Commercial Bankruptcy, Distributors, Importers, Personal Jurisdiction

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Phillip Johnson

Missouri Supreme Court Changes Rules to Reduce Discovery Burden

In 2019, the Missouri legislature passed, and Governor Parson signed, legislation to update several provisions of the Missouri Rules of Civil Procedure governing discovery. Known as Senate Bill 224 (SB 224), the law was intended…more

Discovery, Evidence, MO Supreme Court, Proportionality, Rules of Civil Procedure

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William Jones

Virginia Federal Court Rules It has Subject Matter Jurisdiction Over DTSA Claim Because Foreign Bankruptcy Proceeding Only Stayed Claims Against Debtor, Not Claims Brought by Debtor

A federal court in Virginia recently ruled that it had federal question subject matter jurisdiction over a Defend Trade Secrets Act (DTSA) claim, rejecting Defendants’ argument that a foreign bankruptcy proceeding stayed the…more

Commercial Bankruptcy, Defend Trade Secrets Act (DTSA), Foreign Entities, Franchises, Franchisors

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Carrie Josserand

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly Enforces Timely Filing Requirements of the Act

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a permanent…more

Abuse of Discretion, Common Law Claims, Employer Liability Issues, Employment Litigation, Human Rights Act

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David Katalinas

Ohio Appellate Court Reverses Summary Judgment Holding Regarding Applicability of Area Representative Agreement to Individuals

An Ohio appellate court, reversing a summary judgment decision, recently held that the “full-time efforts” section of an Area Representative Agreement was applicable only to the area representative entity and not the individual…more

Franchise Agreements, Franchises, Reversal, Summary Judgment

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Mark Kirsch

Focus on Franchisors: Keller Williams Realty

As part of Lathrop GPM’s Increasing Diversity in Franchising initiative, we have explored various facets of increasing diversity in franchising, including access to capital, educational initiatives that focus on business in…more

Diversity, Diversity and Inclusion Standards (D&I), Franchises, Franchisors, Real Estate Agents

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Sheldon Klein

Trademark Modernization Act of 2020

Congress has just passed the bi-partisan Trademark Modernization Act of 2020 (TMA), which amends the Trademark Act to provide new procedures for third-party submission of evidence relating to trademark applications, to establish…more

Amended Legislation, Intellectual Property Protection, Rebuttable Presumptions, Trademark Application, Trademark Infringement

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William Klein

Supreme Court Confirms Life Insurance Proceeds Received by Corporation Increase Estate Tax Value of Decedent’s Shares

The June 6 unanimous ruling by the United States Supreme Court in Connelly v. United States creates a significant change for closely held businesses planning to utilize life insurance proceeds to fund buy-sell agreements…more

Audits, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Tax

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Gaylen Knack

Franchisors Impacted by EU Limits on Personal Data Transfers to the U.S.

What Happened? On July 16, 2020, in Schrems II, the EU Court of Justice invalidated the EU-U.S. Privacy Shield mechanism. The EU Court of Justice struck down a similar program, the EU-U.S. Safe Harbor, in 2015…more

Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield, General Data Protection Regulation (GDPR)

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Craig Knobbe

Michigan Federal Court Grants Franchisor’s Motion for Preliminary Injunction Against Former Restoration Service Franchisee

A federal court in Michigan has granted a franchisor’s motion for preliminary injunction against former franchisees for violating the franchise agreements’ post-termination noncompete provisions. 1-800 Water Damage Int’l LLC v…more

Contract Terms, Franchise Agreements, Franchisee, Franchises, Franchisors

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Amanda Kruse

Business Succession Planning

Many successful business owners devote their lives to establishing, building, and maintaining a successful business. However, few successful business owners have properly considered what will happen after they are gone, and even…more

Business Succession, Closely Held Businesses, Estate Planning, Family Businesses, Strategic Planning

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Rick Kubler

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental…more

ASTM, Brownfield Properties, CERCLA, Contamination, Discharge of Pollutants

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Gregory Kuhn

Retirement Security Fiduciary Rule Stayed

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary protections…more

401k, Administrative Procedure Act, Chevron Deference, Department of Labor (DOL), Employee Benefits

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Steven Kutscheid

Transferring Your Family or Closely Held Business – Part 2

With more certainty creeping back into the market following the unprecedented economic downturn of the COVID-19 crisis, business owners may be wondering whether now is an opportune time to bring their company to market. While…more

Capital Raising, Closely Held Businesses, Coronavirus/COVID-19, Family Businesses

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Laura Labeots, Ph.D.

Broad Biotech Patent Claims-the Saga Continues

There now is increased interest about the written description and enablement requirements for patent applications claiming antibodies. This may stem from the recent U.S. Supreme Court decision in Amgen v. Sanofi, finding lack of…more

Amgen, Enablement Inquiries, Means-Plus-Function, Patent Applications, Patent Litigation

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Robert Lambrechts

Federal Government and Private Sector Climate Change Developments

The implications of climate change have gone from an esoteric topic that a very limited number of companies focused upon just a few years ago to one that is becoming more mainstream by the day. President Biden campaigned on…more

Automotive Industry, Banking Sector, Biden Administration, Climate Change, Disclosure Requirements

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James Lamm

Estate Planning 2022 Federal Tax Update

As we start the new year, this Federal Tax Update highlights estate planning-related federal tax information that may be helpful as you consider planning options for 2022. Because Congress could pass legislation that changes…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Richard Landon

California Court of Appeals Affirms Rejection of Reverse Royalty Damages in a Breach of Contract Action by Franchisee

An appellate court in California has affirmed a trial court’s rejection of more than $4 million in lost business profits, which appellant Glen Suh alleged in a breach of contract action against franchisor Boba Time, Inc. Suh v…more

Appeals, Breach of Contract, Business Litigation, Business Losses, Contract Terms

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Greg Larson

In Fearless Fund Decision, Federal Court of Appeals Halts Race-Based Philanthropic Program

In a case that has been closely watched by the charitable sector, on June 3, 2024, the U.S. Court of Appeals for the 11th Circuit issued a decision blocking a race-based grant program that provided funds and mentorship to Black…more

Civil Rights Act, Contests & Promotions, Discrimination, First Amendment, Gifts

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Holly Lechner

Federal Circuit Reverses Preliminary Injunction for Trade Secret Misappropriation

In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. …more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Medical Devices, Misappropriation, Patents

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Lu Li

The Corporate Transparency Act and Tax-Exempt Organizations

Beginning January 1, 2024, many types of legal entities must report information regarding their “beneficial owners” and certain other information (collectively, “BOI”) to the Financial Crimes Enforcement Network (“FinCEN”). As…more

501(c)(3), Beneficial Owner, Corporate Taxes, Corporate Transparency Act, FinCEN

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Charles Maier

Supreme Court Holds Corporation Waived Due Process Rights and Consented to General Personal Jurisdiction by Registering to do Business in Pennsylvania; Distinguishes International Shoe.

On June 27, 2023, the United States Supreme Court held in Mallory v. Norfolk Southern R. Co., No. 21-1168, 2023 WL 4187749, that Norfolk Southern submitted to the state of Pennsylvania’s general jurisdiction (that is, being…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

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Scott Malin

Transferring Your Family or Closely Held Business – Part 2

With more certainty creeping back into the market following the unprecedented economic downturn of the COVID-19 crisis, business owners may be wondering whether now is an opportune time to bring their company to market. While…more

Capital Raising, Closely Held Businesses, Coronavirus/COVID-19, Family Businesses

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Mark Mathison

COVID-19 Vaccinations and the Workplace: Critical Updates

In our previous alert on vaccinations and the workplace, we addressed the threshold question of whether employers can require their employees to get vaccinated and other related COVID-19 vaccine issues. At that time, however,…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Emily Mawer

EEOC Releases Updated Proposed Workplace Harassment Guidance

On Friday, September 29, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) posted for public inspection its proposed “Enforcement Guidance on Harassment in the Workplace.” The EEOC previously released proposed…more

#MeToo, Anti-Harassment Policies, Bostock v Clayton County Georgia, Comment Period, Equal Employment Opportunity Commission (EEOC)

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Daryn McBeth

Minnesota Lobbying and Campaign Finance Changes in Effect for 2024

Now that the legislative session is underway—and the 2024 election is fast approaching—organizations that work to influence public policy or elections should focus on the significant changes to Minnesota’s lobbying and campaign…more

Advertising, Campaign Finance Reform, Electioneering, Gifts, Lobbying

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Travis McCallon

Can You Copyright AI-Generated Content?

A great deal of news and public discussion has been fixated on the increasing popularity of generative AI — a category of artificial intelligence algorithms that can generate content (textual, visual, or audio) by “training” on…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Office

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Shanna McCormack

EPA Encourages Inclusion of PFAS Monitoring in Discharge Permits

In August 2023, EPA released a best management fact sheet called Pollution Prevention Strategies for Industrial PFAS Discharges which provides information to address NPDES discharges containing PFAS under the Clean Water Act…more

Best Management Practices, Clean Water Act, Compliance Monitoring, Discharge of Pollutants, Environmental Protection Agency (EPA)

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Thomas McMahon

What Employers and Self-Employed Individuals Need to Know About the Coronavirus Response Act Tax Credits for Emergency Paid Leave

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the “Act”) into law. The Act requires employers with less than 500 employees and certain public employers to provide Emergency Paid Sick…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Sick Leave

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Alana McMullin

The New Crime Wave: State Efforts to Investigate COVID-19 Related Crimes

The unprecedented COVID-19 pandemic has brought with it an unprecedented effort by states and the federal government to prevent and counteract fraud. State Attorneys General are implementing innovative statewide initiatives to…more

Coronavirus/COVID-19, Cyber Crimes, Fraud, Government Investigations, Scams

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Rosalee McNamara

EEOC Issues Enforcement Guidance on Harassment in the Workplace

At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance is…more

Bostock v Clayton County Georgia, Civil Rights Act, Disability, Employer Liability Issues, Enforcement Guidance

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Arielle McPherson

New Study Reports Finding PFAS, an Allowed Component, in Cosmetics; Legislation Ensues Despite a Lack of Any Established Health Risks

PFAS are a diverse group of human-made components that are used in a variety of consumer products. PFAS is FDA authorized for use in food contact substances, such as packaging, cookware, and other products, due to its non-stick…more

Cosmetics, Food and Drug Administration (FDA), Hazardous Substances, Manufacturers, PFAS

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Luke Meriwether

Is there a Damages Limitation on Timely Copyright Claims? Supreme Court says: "No."

On May 9, 2024, the United States Supreme Court clarified that the “Copyright Act entitles a copyright owner to recover damages for any timely claim.” This seemingly simple rule of law, however, rested on shaky ground as soon as…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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Brandon Mickelsen

Michigan Federal Court Grants Franchisor’s Motion for Preliminary Injunction Against Former Restoration Service Franchisee

A federal court in Michigan has granted a franchisor’s motion for preliminary injunction against former franchisees for violating the franchise agreements’ post-termination noncompete provisions. 1-800 Water Damage Int’l LLC v…more

Contract Terms, Franchise Agreements, Franchisee, Franchises, Franchisors

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Caitlin Miles

OCR Investigates Sex Discrimination Against Males At Dozens of Colleges and Universities

Since the beginning of 2020, the U.S. Department of Education, Office for Civil Rights (OCR) has opened dozens of investigations into sex-specific scholarships and programming at colleges and universities across the United…more

Colleges, Department of Education, Educational Institutions, OCR, Scholarships

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Craig Miller

Seventh Circuit Court of Appeals Affirms District Court’s Partial Dismissal of Complaint for Breach of Distributor Agreement by Manufacturer

The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of two claims brought by distributors against the medical-device manufacturer Zimmer Biomet. It also affirmed a jury verdict in favor of the…more

Breach of Contract, Contract Terms, Dismissals, Distributors, Jury Verdicts

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Bryan Minier

Chicago Ordinance Makes Scheduling Employees for Work More Complicated in Seven Industries

A new Chicago ordinance places complicated restrictions on how employers in 7 industries can schedule employees for work. Employers will face stiff financial penalties for failing to follow the new rules…more

Covered Employees, Employee Rights, Fair Workweek, Healthcare Workers, Hospitality Industry

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Jared Minkoff

IRS Issues Section 50(d) Guidance

On July 22, 2016, the United States Department of Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued temporary Treasury Regulations (Temporary Regulations) related to the income inclusion rules under…more

Corporate Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Partnerships, Pass-Through Entities

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Stephen Mitchell

Missouri Liquor Advertising Amendments

The Missouri Division of Alcohol and Tobacco Control (ATC) recently passed a “temporary” emergency amendment that could affect business operations in Missouri. Missouri's liquor control laws and regulations are designed to…more

Advertising, Amended Regulation, Commercial Speech, First Amendment, Liquor Control Boards

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James Moloney

Cryptocurrency 101

If you do not currently own Bitcoin, the odds are in the last few months you have thought about the merits (or lack thereof) of owning Bitcoin. Bitcoin is a cryptocurrency, which is a digital or virtual currency (commonly…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT)

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David Morehouse

Leveraging Institutional Capital Assets to Meet the Moment

Hoping to alleviate the immense damage to vulnerable communities inflicted by COVID-19 and racial inequities that have drawn the spotlight over the past year, foundations and other charitable institutions are digging deeper and…more

501(c)(3), Bonds, Charitable Organizations, Coronavirus/COVID-19, Credit Facilities

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Beth Morrison

Tax-free Rollovers of 529 Plan Funds to Roth IRAs Allowed Under Secure 2.0

Section 529 college savings accounts are used for tax-free education investments. When considering whether to create a 529 account, there generally is some apprehension that the person you are saving for won’t pursue a college…more

529 Plans, Amended Legislation, Beneficiaries, Education Expenses, Retirement Plan

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Sheryl Morrison

Valuable Lessons in Charitable Deductions

A recent Tax Court case provides important guidance for donors and charities making and negotiating gifts of appreciated property. While generally donors who donate appreciated property to a public charity do not recognize…more

Appraisal, Asset Transfer, Capital Gains, Charitable Deductions, Charitable Donations

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Kathryn Nash

DOE Issues Additional Guidance and Interim Final Rule Regarding CARES Act Grants

On June 17, 2020, the U.S. Department of Education issued an interim final rule (IFR) aligning student eligibility for CARES Act funds with eligibility requirements for Title IV student aid. Effective immediately, higher…more

CARES Act, Department of Education, Educational Institutions, Financial Aid, Grants

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Noah Nash

Will Business Interruption Losses From COVID-19 Be Covered By My Insurance?

The answer is maybe; but you will not know without a thorough review of all potentially applicable policies. You may be hearing in the media, or directly from brokers, insurance adjusters, or risk managers that there is no…more

Business Closures, Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Loss Coverage

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Taryn Nash

Missouri Governor Signs Bill on COVID-19 Civil Actions

On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the…more

Civil Liability, Coronavirus/COVID-19, Damages, Governor Parson, Health Care Providers

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John Nichols

Retirement Security Fiduciary Rule Stayed

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary protections…more

401k, Administrative Procedure Act, Chevron Deference, Department of Labor (DOL), Employee Benefits

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Cody Niess

Supreme Court Confirms Life Insurance Proceeds Received by Corporation Increase Estate Tax Value of Decedent’s Shares

The June 6 unanimous ruling by the United States Supreme Court in Connelly v. United States creates a significant change for closely held businesses planning to utilize life insurance proceeds to fund buy-sell agreements…more

Audits, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Tax

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Rachel O'Connor

Washington Federal Court Grants Home Healthcare Services Franchisor’s Motion to Compel Arbitration in Accordance with the Franchise Agreements

A federal court in Washington recently granted a motion brought by franchisor Nurse Next Door Home Healthcare Services, Inc. (NND) to compel arbitration of a Florida-based franchisee’s claims. Nurse Next Door Home Healthcare…more

Arbitration, Contract Terms, Federal Arbitration Act, Franchise Agreements, Franchisee

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Brooke Parsons

Missouri Supreme Court Holds Statutes Creating Lake of the Ozarks Area Lodging Tax Unconstitutional

Guests of Lake of the Ozarks lodging establishments ranging from vacation rentals to resorts will have one less tax to pay thanks to a recent decision by the Missouri Supreme Court. The court found that statutes creating a lake…more

AirBnB, Constitutional Challenges, State Constitutions, Tax Revenues, Tourism

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Ben Peltier

HIPAA Violations: What Providers Should Learn From the Failures of Others

The federal agency responsible for enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA) – the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services – recently submitted two…more

Covered Entities, Data Breach, Electronic Protected Health Information (ePHI), Enforcement Actions, Health Care Providers

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Mike Piazza

Nearly 200 Health Care Providers Charged in Aggressive Enforcement Action by DOJ Health Care Fraud Strike Force Alleging Schemes Totaling $2.75 Billion

The Department of Justice announced one if its most aggressive and wide-ranging enforcement actions to date, a coordinated two-week operation spanning 32 federal districts. The orchestrated effort involved the FBI, HHS-OIG, DEA,…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Criminal Prosecution, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Christopher Pierce

IRS Issues Section 50(d) Guidance

On July 22, 2016, the United States Department of Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued temporary Treasury Regulations (Temporary Regulations) related to the income inclusion rules under…more

Corporate Taxes, Internal Revenue Code (IRC), Investment Tax Credits, Partnerships, Pass-Through Entities

See all updates »

Christi Pribula

Wealth, Legacy and the Next Generation: Getting Started and Other Considerations

Legacies and estate planning are often considered to be something later in life. Yet the truth is none of us have any idea when we might become incapacitated or pass away and consequently, understanding the various scenarios and…more

Estate Planning, Gifts, Power of Attorney, Revocable Trusts, Trusts

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Graciela Quintana

The FTC Noncompete Clause Rule Scheduled to Take Effect on September 4, 2024

On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) announced the issuance of a final Noncompete Clause Rule that would, if it goes into effect, ban future employment noncompete agreements and render most existing…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Laura Reathaford

Litigation Pitfalls for Employers in a COVID-19 World

The COVID-19 pandemic has caused companies and their management teams to react quickly and make adjustments to their business operations instantly. Many companies are doing what they can to survive while, at the same time,…more

Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Alex Reed

Beneficial Ownership Information Rules and Regulations: How It May Impact You

On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued a final rule (the “Rule”), the first of three planned rulemakings implementing the beneficial ownership information reporting rules of the…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Final Rules

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Jennifer Reedstrom Bishop

Minnesota Court Declares Restrictions on Abortion Unconstitutional - State Level-Decisions Become Increasingly Important for Health Care Providers

A Ramsey County District Court Judge has ruled that several provisions in state law related to abortion violate the state constitution, including mandatory physician informed consent disclosures followed by a 24-hour waiting…more

Abortion, Health Care Providers, Reproductive Healthcare Issues, State Constitutions, Strict Scrutiny Standard

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Julia Reiland

MN Legislature Considers Limiting PE Investment in Healthcare

On February 22, 2024, the Minnesota legislature introduced a bill (SF-4392 and companion bill HR-4206) which seeks to curb the control and acquisition over certain healthcare providers by private equity companies and real estate…more

Acquisitions, Federal Trade Commission (FTC), Health Care Providers, Healthcare Facilities, Investors

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Bernard Rhodes

A Win for Open and Transparent Government in Missouri

In a win for open and transparent government in Missouri, the Missouri Supreme Court ruled that the Missouri Sunshine Law prohibits public governmental bodies from charging persons who request public records under the Missouri…more

MO Supreme Court, Open Records, Public Agencies, Public Records, Sunshine Laws

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Marya Robben

Corporate Transparency Act Update: Federal District Court Rules CTA Unconstitutional

Although existing entities covered by the Corporate Transparency Act (“CTA”) should still plan to comply with the beneficial ownership reporting (“BOI”) requirements, a new federal district court ruling offers hope that the…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

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Brooke Robbins

Louisiana Appeals Court Affirms Dismissal of Vicarious Liability Claim

An appellate court in Louisiana recently affirmed summary judgment in favor of a franchisor, dismissing negligence and premises liability claims asserted by a customer was injured on unauthorized exercise equipment. Flynn v…more

Dismissals, Franchise Agreements, Franchisee, Franchises, Vicarious Liability

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Bridget Romero

[Virtual Event] State of Litigation – Part 2 - June 16th, 12:00 pm - 2:15 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Continuing Legal Education, Coronavirus/COVID-19, Credibility, Criminal Convictions, Ethics

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Jessica Rosell

EPA’s ‘Forever Chemicals’ Rule at Risk Without Chevron Deference

The US Supreme Court’s June 28 decision to end judicial deference to agencies’ reasonable interpretations of laws comes at a pivotal time for new regulations related to “forever chemicals”—per- and polyfluoroalkyl substances…more

CERCLA, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Hazardous Substances

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Jack Rowe

BE AWARE...Federal Enforcement of Discriminatory Pay Disparities on the Rise

The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race…more

Affirmative Action, Employer Liability Issues, Enforcement Actions, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Ellen Rudolph

Employers with Illinois Employees Should Be Aware of the Amendments to the Illinois One Day Rest in Seven Act

On January 1, 2023, the amendments to the Illinois One Day Rest in Seven Act (“ODRISA”) took effect, and the changes are significant. Employers with one or more employees in Illinois should take note of these new amendments to…more

Compliance Dates, Employer Liability Issues, Exempt-Employees, Non-Exempt Employees, Posting Requirements

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Justin Sallis

Illinois Federal Court Denies Alcohol Distributors’ Motion to Dismiss Online Competitor’s Complaint for Alleged Violations of State and Federal Antitrust and Unfair Competition Laws

An Illinois federal court recently denied a motion by Southern Glazer Wine and Spirits, LLC and Republic National Distributing Company, LLC (RNDC) to dismiss various claims for violations of state and federal antitrust and…more

Antitrust Litigation, Antitrust Provisions, Boycotts, Internet Retailers, Retailers

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Kurt Schaefer

West Virginia v. EPA: Court Determines EPA Regulations Limited Under the Clean Air Act

The United States Supreme Court released its opinion earlier today outlining the Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gases from existing power plants. The majority opinion, written by…more

Clean Air Act, Clean Power Plan, Climate Change, Environmental Protection Agency (EPA), Greenhouse Gas Emissions

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Matt Scheidker

The Importance of a Buy-Sell Agreement for Business Owners

If you are the owner of a business that does not have a buy-sell agreement in place, or you have not reviewed your buy-sell agreement recently, it may be time to sit down with your attorney. Buy-sell agreements can be complex…more

Business Disputes, Business Divorce, Business Succession, Buy-Sell Agreements, Buyouts

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Virginia Schubert

Retirement Security Fiduciary Rule Stayed

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary protections…more

401k, Administrative Procedure Act, Chevron Deference, Department of Labor (DOL), Employee Benefits

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Randal Schultz

Provider Relief Funds Reporting Window Extended

The Provider Relief Fund was established in the CARES Act to reimburse eligible health care providers for increased expenses or lost revenue attributable to the Covid-19 pandemic. As a condition of receiving funds, providers had…more

CARES Act, Coronavirus/COVID-19, Deadlines, Health Care Providers, HRSA

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Frank Sciremammano

California Federal Court Grants Summary Judgment to Distributor for Breach of Exclusivity Provision by Supplier

A federal court in California recently granted partial summary judgment in favor of a distributor of wine corks for breach of an exclusivity provision following the supplier’s sale of certain corks in the United States. M.A…more

Breach of Contract, Breach of Duty, Corruption, Racketeering, RICO

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William Scofield, Jr.

Federal Circuit Overrules ODP Rejection of Parent Patent Based on In re Cellect

In a new precedential decision issued August 13, 2024, the Court of Appeals for the Federal Circuit in Allergan USA. v. MSN Labs, 24-1061, held that a first-filed, first-issued parent patent that receives a patent term…more

Abbreviated New Drug Application (ANDA), Allergan Inc, First-Filed Action Rule, Generic Drugs, Obviousness-Type Double Patenting (ODP)

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R. Kent Sellers

Missouri Supreme Court Changes Rules to Reduce Discovery Burden

In 2019, the Missouri legislature passed, and Governor Parson signed, legislation to update several provisions of the Missouri Rules of Civil Procedure governing discovery. Known as Senate Bill 224 (SB 224), the law was intended…more

Discovery, Evidence, MO Supreme Court, Proportionality, Rules of Civil Procedure

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Shoshanah Shanes

States Increasingly Considering COVID-19 Liability Protections

As we approach one year from the WHO’s declaration of the COVID-19 outbreak as a global pandemic, many state legislatures are adopting or considering laws shielding businesses from liability related to COVID-19. Generally, the…more

Civil Liability, Coronavirus/COVID-19, Immunity, Infectious Diseases, State Legislatures

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Kathy Shaw

Retirement Security Fiduciary Rule Stayed

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary protections…more

401k, Administrative Procedure Act, Chevron Deference, Department of Labor (DOL), Employee Benefits

See all updates »

Matthew Shea

Estate Tax Sunset Encourages Strategic Asset Retitling

Current tax laws provide historically high exclusion amounts for the federal estate and generation skipping transfer tax. These exclusion amounts, however, are slated to sunset by roughly 50% at the end of 2025…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, IRS

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Eric Sidler

Federal Circuit Reverses Preliminary Injunction for Trade Secret Misappropriation

In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. …more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Medical Devices, Misappropriation, Patents

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Tammy Somogye

U.S. Supreme Court Issues Ruling to Clarify Undue Hardship Standard for Religious Accommodations Under Title VII

Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex and national origin, requires employers with 15 or more employees to accommodate the sincerely held…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

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Kristin Stock

United States Supreme Court Expands Worker Exemption in Federal Arbitration Act

The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker…more

Arbitration, Bissonnette v LePage Bakeries Park St LLC, Exemptions, Federal Arbitration Act, Interstate Commerce

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Benjamin Struby

Bankruptcy Court Grants Motion of Franchisee Debtor to Reject Franchise Agreement, Concludes Noncompete and Confidentiality Provisions Enforceable Post-Rejection

A Michigan bankruptcy court recently granted debtor/franchisee Empower Central Michigan Inc.’s motion to reject a franchise agreement as an executory contract but found that a non-compete clause and a related confidentiality…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Confidentiality Agreements, Contract Terms

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Michael Sturm

Michigan Precedent on Michigan Franchise Investment Law Held to Trump Inconsistent Sixth Circuit Precedent on Private Right of Action

A federal court in Michigan recently granted several related franchisors’ motions to dismiss a franchisee’s claims for violations of the Michigan Franchise Investment law. Benjamin Franklin Franchising SPE LLC v. David Michael…more

Breach of Contract, Contract Terms, Franchise Agreements, Franchise Laws, Franchisee

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Cynthia Teel

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental…more

ASTM, Brownfield Properties, CERCLA, Contamination, Discharge of Pollutants

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Daniel Tenenbaum

Corporate Transparency Act Update: Federal District Court Rules CTA Unconstitutional

Although existing entities covered by the Corporate Transparency Act (“CTA”) should still plan to comply with the beneficial ownership reporting (“BOI”) requirements, a new federal district court ruling offers hope that the…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

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James Thomson

Minnesota Court of Appeals Decides Beneficiary Subject to Fiduciary Duty When Exercising Power to Remove Trustee

On November 6, 2023, the Minnesota Court of Appeals issued its opinion in In the Matter of the Trust Agreement of Genevieve M. Rossow. Among other topics, the court’s opinion addressed whether a trust beneficiary’s power to…more

Bad Faith, Beneficiaries, Estate Planning, Fiduciary Duty, Trust Administration

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Curtis Tideman

Missouri Supreme Court Holds Statutes Creating Lake of the Ozarks Area Lodging Tax Unconstitutional

Guests of Lake of the Ozarks lodging establishments ranging from vacation rentals to resorts will have one less tax to pay thanks to a recent decision by the Missouri Supreme Court. The court found that statutes creating a lake…more

AirBnB, Constitutional Challenges, State Constitutions, Tax Revenues, Tourism

See all updates »

Jane Trueper

Delaware Supreme Court Clarifies Standard of Review for Conflicted Stockholder Transactions with In re Match Group Opinion

On April 4, 2024, the Delaware Supreme Court issued its opinion in In re Match Group, Inc. Derivative Litigation, clarifying that the heightened entire fairness standard of review applies to judicial review of any transaction…more

Business Judgment Rule, Conflicts of Interest, Controlling Stockholders, Corporate Governance, DE Supreme Court

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Edward Tully

[Webinar] Labor Markets, Inflation, and the Economy: Current Impacts on Your Business - July 11th, 12:00 pm - 1:00 pm CT

The Lathrop GPM Closely Held Business Institute invites you to a webinar on Labor Markets, Inflation, and the Economy: Current Impacts on Your Business - Join us for an economic outlook discussion with Joe Mahon, Regional…more

Business Development, Federal Reserve, Hiring & Firing, Job Market, Price Inflation

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Ronald Valenzuela

Coffee and Cancer Warnings in California

Thirty-two years ago, a major California newspaper urged Californians to vote “no” on a ballot initiative commonly referred to as “Prop 65,” which would require certain businesses to include warning labels on products that…more

Manufacturers, Proposition 65, Public Health, Retailers, Starbucks

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James Velema

Federal Circuit Overrules ODP Rejection of Parent Patent Based on In re Cellect

In a new precedential decision issued August 13, 2024, the Court of Appeals for the Federal Circuit in Allergan USA. v. MSN Labs, 24-1061, held that a first-filed, first-issued parent patent that receives a patent term…more

Abbreviated New Drug Application (ANDA), Allergan Inc, First-Filed Action Rule, Generic Drugs, Obviousness-Type Double Patenting (ODP)

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James Wahl

Supreme Court Reverses Ninth Circuit Decision Dismissing Matter Pending Arbitration and Requires a Temporary Stay of Proceedings Instead of Dismissal

The United States Supreme Court recently reversed a decision of the Ninth Circuit Court of Appeals that held lower courts may dismiss a case when a party requests a stay pending arbitration. Smith v. Spizzirri, 144 S. Ct. 1173…more

Arbitration, Dismissals, Federal Arbitration Act, SCOTUS, Smith v Spizzirri

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Jill Waldman

Amendments to Minnesota's Earned Sick and Safe Time Act

On May 24, 2024, Minnesota Governor Tim Waltz signed legislation amending the Minnesota Earned Sick and Safe Time (ESST) law that went into effect earlier this year on January 1, 2024…more

Amended Legislation, Compliance, Governor Walz, Safe Leave, Sick Leave

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Matthew Walker

EPA Poised to Expand Federal Superfund to Include Key PFAS

On April 12, 2024, two days after EPA issued a final rule setting standards for certain per- and polyfluoroalkyl substances (PFAS) in public drinking water, the White House Office of Management and Budget (OMB) concluded its…more

CERCLA, Contaminated Properties, Drinking Water, Environmental Protection Agency (EPA), Final Rules

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Gillian Wener

EPA’s ‘Forever Chemicals’ Rule at Risk Without Chevron Deference

The US Supreme Court’s June 28 decision to end judicial deference to agencies’ reasonable interpretations of laws comes at a pivotal time for new regulations related to “forever chemicals”—per- and polyfluoroalkyl substances…more

CERCLA, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Hazardous Substances

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Dale Werts

European Union Artificial Intelligence Act

On June 14, 2023, the European Parliament passed its version of the Artificial Intelligence Act (the “Act”). The Act is now under review by negotiators from the European Union’s (“EU”) three bodies – the European Commission,…more

Artificial Intelligence, Biometric Information, Cybersecurity, EU, European Commission

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Brooke Wheelwright

No Choice in the Matter – Recent Victory for Lathrop GPM Client to Have Significant Impact on Government Disclosure of Coronavirus-Related Data

In March, Lathrop GPM published a Litigation Alert: Tell Me More – Compliance with Open Records Laws Amidst the Coronavirus, which discussed the impact of the coronavirus (COVID-19) outbreak on public records requests. That…more

Open Records, Public Records, Records Request, State and Local Government

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Carlos White

Washington Federal Court Grants Home Healthcare Services Franchisor’s Motion to Compel Arbitration in Accordance with the Franchise Agreements

A federal court in Washington recently granted a motion brought by franchisor Nurse Next Door Home Healthcare Services, Inc. (NND) to compel arbitration of a Florida-based franchisee’s claims. Nurse Next Door Home Healthcare…more

Arbitration, Contract Terms, Federal Arbitration Act, Franchise Agreements, Franchisee

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Justin Whitney

Reporting Rules for the Corporate Transparency Act Continue to Evolve

Reporting rules for The Corporate Transparency Act (“CTA”) took effect on January 1, 2024. The new rules require certain business entities (like some corporations, partnerships and LLCs), each defined as a “reporting company”,…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, FinCEN

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Harry Wigner, Jr.

Local Kansas City Funding for Small Businesses and Nonprofit Organizations

In response to the global COVID-19 pandemic, Kansas City area economic development organizations, corporations, foundations and municipalities are offering financial assistance in the form of loans and grants to small businesses…more

Coronavirus/COVID-19, Economic Development, Funding, Municipalities, Nonprofits

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Libbi Wilson

MN Legislature Considers Limiting PE Investment in Healthcare

On February 22, 2024, the Minnesota legislature introduced a bill (SF-4392 and companion bill HR-4206) which seeks to curb the control and acquisition over certain healthcare providers by private equity companies and real estate…more

Acquisitions, Federal Trade Commission (FTC), Health Care Providers, Healthcare Facilities, Investors

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Kim Winter

Insurance Recovery Alert: For Businesses Seeking Relief after the Mass Protests: Promptly Notify Your Insurance Carrier

Mass protests have erupted across the United States – from Los Angeles to New York. Though many of these protests are peaceful and benign, some have led to significant property loss by arson and vandalism, as well as theft, in…more

Business Interruption, Business Losses, Commercial Insurance Policies, Insurance Claims, Protests

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Brian Woolley

Department of Labor Ups the Ante for Exempt Status Employees

In a Final Rule announced on April 22, the U.S. Department of Labor raised the minimum salary that an employee must receive for the employee to be exempt from overtime pay. Effective July 1, 2024, under the most common…more

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

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Sandra Yaeger Bodeau

Appellate Court in Pennsylvania Affirms Ruling on Gas Station Franchisor’s Indemnification Claims

A state appellate court in Pennsylvania recently affirmed a trial court’s summary judgment ruling addressing a franchisor’s claims for indemnification in a personal injury dispute. Sunoco (R&M), LLC v. Pa. Nat'l Mut. Cas. Ins…more

Additional Insured, Bodily Injury, Commercial Insurance Policies, Franchisee, Franchises

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Eric Yaffe

$43 Million False Claims Act Verdict in Minnesota Illustrates Ongoing Anti-kickback Statute Risks

On February 27, a Minnesota federal court jury ruled in the favor of the U.S. Department of Justice (DOJ) in a False Claims Act (FCA) case based on allegations of Anti-kickback Statute (AKS) violations. The focus of the case was…more

Anti-Kickback Statute, Bribery, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Rebecca Yocum

Hair Length Discrimination Banned in Colorado

Colorado recently amended its CROWN Act of 2020 to include hair length as a protected characteristic for purposes of the state’s nondiscrimination law…more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

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Alison Zinn

(Almost) Ten Top Tips for Fiduciaries to Avoid Litigation

Fiduciaries sometimes find themselves in the unenviable position of facing conflict, whether with or among beneficiaries. In this article we offer some tips for preventing and managing conflicts and approaching the role…more

Beneficiaries, Best Practices, Breach of Duty, Conflicts of Interest, Fiduciary

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Robert Zisk

California Federal Court Declares Arbitration Clause Unenforceable

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were…more

Arbitration, Class Action, Contract Terms, Distributors, Employer Liability Issues

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