On Nov. 15, 2024, a federal judge in the United States District Court for the Eastern District of Texas struck down a Biden-era rule that would have expanded overtime payments for millions of employees through a modification of…
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/ Civil Procedure, Labor & Employment Law
Two very recent post-election National Labor Relations Board (NLRB) decisions portend a flurry of NLRB anti-employer activity prior to the beginning of the new administration. Both decisions demonstrate that the current…
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/ Labor & Employment Law
The Securities and Exchange Commission (SEC) settled an administrative proceeding against Hamlin Capital Advisors, LLC and its managing director on Oct. 24, 2024, for failing to timely and fully disclose material conflicts of…
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/ Education Law, Finance & Banking, Securities Law
You can’t go anywhere these days without hearing about the impact of generative artificial intelligence on … well, everything. The insurance industry is not immune from these impacts; it has been affected by AI in countless ways…
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/ Business Organizations, Commercial Law & Contracts, Insurance, Labor & Employment Law, Science, Computers, & Technology
On Oct. 16, 2024, the Western District of New York entered final judgment on a Securities and Exchange Commission (SEC) enforcement action against the City of Rochester, New York, its former Finance Director, and their municipal…
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/ Administrative Law, Education Law, Finance & Banking, Securities Law
On October 16, the Department of Labor (DOL) issued comprehensive guidance related to the use of Artificial Intelligence (AI) in the workplace. The guidance, entitled “Artificial Intelligence and Worker Well-being,” acts to…
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/ Labor & Employment Law, Science, Computers, & Technology
Fresh from a cybersecurity briefing I provided to many of Sherman & Howard’s clients and industry partners, I returned to my desk to learn the Department of Defense (DoD) recently issued its final rule on the Cybersecurity…
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/ Administrative Law, Government Contracting, Science, Computers, & Technology
The Federal Rules of Evidence (“FRE”) currently provide a framework for authenticating evidence in court, but rapid advancements in artificial intelligence (AI) have raised concerns about the sufficiency of these rules in…
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/ Civil Procedure, Science, Computers, & Technology
A federal judge in Texas has struck down the Federal Trade Commission's ("FTC") new rule banning non-compete agreements for workers, preventing the rule from going into effect on September 4.
In her opinion, Judge Ada Brown of…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
A federal judge in Pennsylvania has rejected a challenge to the Federal Trade Commission's ("FTC") ban on noncompete contracts, creating a split between federal courts. Judge Kelly Brisbon Hodge of the U.S. District Court for…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
For 40 years, the Chevron Doctrine has been a prominent precedent in administrative law allowing courts to defer to an agency’s interpretation of an ambiguous statute or regulation. The Chevron Doctrine has been overturned by…
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/ Administrative Law, Civil Procedure, Government Contracting
A federal District Court in the Northern District of Texas, Dallas Division, has issued a limited injunction against the Federal Trade Commission’s (FTC) recently announced rule against employers using non-competition…
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/ Antitrust & Trade Regulation, Labor & Employment Law
On July 2, 2024, OSHA released its long-anticipated heat stress standard. It is a broad standard that, if finalized, will apply to employers in both construction and general industry. It is also a somewhat complicated standard…
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/ Health, Labor & Employment Law
The Equal Employment Opportunity Commission's (EEOC) new regulations implementing the Pregnant Workers' Fairness Act (PWFA) went into effect earlier this week, but not for everyone. For a few employers, a Louisiana-based federal…
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/ Labor & Employment Law
The Colorado Privacy Act (CPA) went into effect on July 1, 2023, but there are a couple new provisions going into effect this year that businesses need to consider.
•Starting on July 1, 2024, controllers and processors will…
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/ Consumer Protection, Privacy, Science, Computers, & Technology