In our post at the end of June of this year we analyzed the Supreme Court’s decision in SEC v Jarkesy, which held that the right to trial by jury in an Article III Court contained in the Seventh Amendment to the Constitution…
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/ Administrative Law, Constitutional Law, Finance & Banking, Securities Law
A federal judge last Tuesday blocked the FTC’s controversial ban on noncompete agreements. The judge’s ruling ends months of speculation and prevents the FTC’s near-total ban on noncompete agreements from taking effect as…
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/ Antitrust & Trade Regulation, Labor & Employment Law
On April 29, 2024, in response to an Executive Order issued by President Biden last October, the Office of Federal Contract Compliance Programs (“OFCCP”) of the U.S. Department of Labor issued guidance to federal contractors on…
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/ Government Contracting, Labor & Employment Law, Science, Computers, & Technology
Most of us involved in the construction industry are familiar with the Design-Build model of project delivery, and how it differs from the “standard” Design-Bid-Build model. But increasingly certain industries are embracing a…
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/ Construction Law, Energy & Utilities
Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor Relations…
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/ Labor & Employment Law
Recently, the Ohio Legislature changed a 12-year-old law applicable to home construction services. The original version only applied to contracts for new construction (or ancillary construction to the new construction, like a…
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/ Construction Law, Consumer Protection, Real Estate - Residential
On Wednesday, July 3, 2024, a federal judge in Texas blocked the Federal Trade Commission’s rule that seeks an almost complete ban of non-compete agreements. In her ruling, Judge Ada Brown of the United States District Court for…
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/ Antitrust & Trade Regulation, Labor & Employment Law
In a potentially landmark decision with implications at both the federal and state level, on June 27, 2024 the United States Supreme Court held in SEC v. Jarkesy that the Seventh Amendment’s preservation of the right to trial by…
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/ Administrative Law, Civil Procedure, Constitutional Law, Securities Law
The Equal Employment Opportunity Commission’s (“EEOC”) focus on harassment in the workplace – and construction employers specifically – is no secret. The EEOC’s Strategic Enforcement Plan (“SEP”) for 2024-2028 specifically…
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/ Civil Rights, Construction Law, Labor & Employment Law
On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious (affirmative…
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/ Civil Rights, Commercial Law & Contracts, Constitutional Law
In Patterson v. United Healthcare Insurance Company, 76 F.4th 487 (6th Cir. 2023), the Sixth Circuit held that the plaintiff insured had stated an equitable claim for disgorgement under ERISA where he sought disgorgement of…
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/ Insurance, Labor & Employment Law
Advocates of marijuana reform and those seeking an end to marijuana prohibition received welcome news this week. Tuesday (April 30, 2024), The Associated Press reported that the Drug Enforcement Administration will move forward…
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/ Administrative Law, Commercial Law & Contracts
On Tuesday, the Federal Trade Commission (“FTC”) issued its long-awaited final rule regarding non-compete agreements. The FTC determined that non-compete agreements are an unfair method of competition and, therefore, a violation…
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/ Antitrust & Trade Regulation, Labor & Employment Law
The Equal Employment Opportunity Commission (“EEOC”) has finalized its regulations for the Pregnant Workers Fairness Act (“PWFA”), which went into effect last summer. After issuing a Notice of Proposed Rulemaking in August 2023,…
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/ Civil Rights, Labor & Employment Law
Recently, the National Labor Relations Board (“NLRB”) announced a settlement it “secured” which required a company to rescind certain work rules and pay two discharged employees $297,000. Of note, the workers were not discharged…
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/ Labor & Employment Law
