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Sean Altschul

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

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Laura Miller Andrew

Group Health Plan Fiduciaries May Now be a Target of Lawsuits for Excessive Fees

History of 401(k) Plan Excessive Fee Cases. Once the Department of Labor’s participant fee disclosure rules for retirement plans became effective in 2012, the plaintiffs’ bar latched onto recordkeeping and investment fees paid…more

401k, Department of Labor (DOL), Disclosure Requirements, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Susan Atkinson

How A Hospital Can Assure That It Will Be Required To Pay Punitive Damages

During the federal fiscal year ending in September, 2022, the Department of Justice collected more than $1.7 billion in False Claims Act (FCA) settlements and judgments involving fraud in Medicaid, Medicare Advantage (MA)…more

Compensation, False Claims Act (FCA), Fraud, Hospitals, Medicare

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Amanda Attenasio

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

See all updates »

Eric Balber

Do Marijuana Smokers Have Special Rights in Your Co-op or Condo?

The possession and use of marijuana by persons who are at least 21 years old is now legal in New York, as is the sale of marijuana and other cannabis products by New York State licensed dispensaries. However, a number of our…more

Bylaws, Cannabis Products, Community Associations, Condominium Associations, Condominiums

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Hunter Bedard

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

Jason Bell

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

James Bikoff

ECTA Anti-Counterfeiting Committee Report October 2021 – FY 2020

I. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. 2021) In 2013, Nike, Inc. ("Nike") and Converse Inc. ("Converse") brought a trademark infringement action under the Lanham Act against…more

Appeals, China, Compensatory Damages, Counterfeit Goods Regulation, Counterfeiting

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Joel Bruckman

Favorable BIPA Ruling for Defendants from the Northern District of Illinois

We are pleased to inform you about a recent development in the Illinois Biometric Information Privacy Act (BIPA) law that could significantly impact businesses using biometric data. Last week, in the case of GT v. Samsung…more

Biometric Information, Biometric Information Privacy Act, Compliance, Consent, Corporate Counsel

See all updates »

Amy Buice

FTC Rule Banning Non-Competes Ruled Unlawful

Late Tuesday afternoon, the United States District Court for the Northern District of Texas issued a nationwide injunction prohibiting the FTC from enforcing its Non-Compete Rule (“FTC Rule”). The Court set aside the FTC’s…more

Enforcement, Federal Trade Commission (FTC), Final Rules, Injunctions, Non-Compete Agreements

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William Burnett

New Law Reduces Retainage of Georgia Public Construction Projects

One of the bills of interest to construction professions in the 2021-2022 session of the Georgia General Assembly, Senate Bill 438, recently passed and alters how much retainage is withheld on public construction projects. …more

Construction Contracts, Construction Project, Contractors, Georgia, Retainage

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Scott Cahalan

New Law Reduces Retainage of Georgia Public Construction Projects

One of the bills of interest to construction professions in the 2021-2022 session of the Georgia General Assembly, Senate Bill 438, recently passed and alters how much retainage is withheld on public construction projects. …more

Construction Contracts, Construction Project, Contractors, Georgia, Retainage

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Patrick Cain

A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Restaurant Industry, SCOTUS

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Lisa Carrasco

Chevron Doctrine Overruled – Potential Impacts on Plan Sponsors and Employee Benefit Plans

In an opinion announced on June 28, 2024, the Supreme Court overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, which set forth the decades-old Chevron doctrine (also known as Chevron deference). The doctrine…more

Administrative Procedure Act, Benefit Plan Sponsors, Chevron Deference, Chevron v NRDC, Compliance

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Matthew Clarke

A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Restaurant Industry, SCOTUS

See all updates »

Anthony Cochran

How A Hospital Can Assure That It Will Be Required To Pay Punitive Damages

During the federal fiscal year ending in September, 2022, the Department of Justice collected more than $1.7 billion in False Claims Act (FCA) settlements and judgments involving fraud in Medicaid, Medicare Advantage (MA)…more

Compensation, False Claims Act (FCA), Fraud, Hospitals, Medicare

See all updates »

Gia Colunga

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

Randall Constantine

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not only…more

Employee Retirement Income Security Act (ERISA), Federal Bans, Federal Trade Commission (FTC), Final Rules, Forfeiture

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Emma Cramer

Timber and Paper Industry Petition EPA to Ease Restrictions on Burning Paper Residuals

In December, 2021, representatives of the timber and paper industry petitioned the EPA to ease restrictions on the burning of railroad ties and paper residuals as fuel without triggering strict hazardous waste combustion…more

Clean Air Act, Environmental Protection Agency (EPA), Hazardous Waste, National Emissions Standards, Non-Hazardous Secondary Materials

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Kenneth Crane

What You Need to Know About the Corporate Transparency Act

On January 1, 2024, the Corporate Transparency Act (“CTA”) went into effect. The intent of the CTA is to bring the United States into compliance with international anti-money laundering standards. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Confidential Information, Corporate Transparency Act, Financial Crimes

See all updates »

Peter Crofton

New York Introduces Joint and Several Liability for Prime Contractors and Subcontractors for Unpaid Wage Claims

New York Governor Kathy Hochul recently signed into law Senate Bill S2766-C, which amends the New York Labor Law (NYLL) and General Business Law (GBL) in relation to actions for non-payment of wages, and importantly, creates…more

Collective Bargaining Agreements (CBA), Contractors, New York, State Labor Laws, Subcontractors

See all updates »

Jeffery Cross

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

Yash Dave

A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Restaurant Industry, SCOTUS

See all updates »

Richard Delaney

Updated EEOC Guidance and New COVID-19 Litigation

The EEOC issued updated guidance stating that federal equal employment opportunity laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to some…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Civil Rights Act, Coronavirus/COVID-19, Emergency Use Authorization (EUA)

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Theodore Dokko

Amendments to California’s Private Attorneys General Act

For years, California employers have struggled to deal with claims under the state’s Private Attorneys General Act (“PAGA”)(Labor Code §§ 2699, et seq.), known – without affection – in the early days as the “Sue Your Boss” law. …more

CA Supreme Court, California, Labor Code, Labor Law Violations, New Legislation

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Justin Edge

Georgia General Assembly Passes HB 478: Establishes Daubert Evidentiary Standard in Georgia Criminal Cases

On Wednesday, March 30, 2022, the Georgia General Assembly passed HB 478 to extend the Daubert evidentiary standard for expert testimony in Georgia criminal prosecutions. The move to adopt Daubert for criminal matters was…more

Criminal Prosecution, Daubert Standards, Evidentiary Standards, Expert Testimony, Federal Rules of Evidence

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Marcia Ernst

New Georgia Procedure for Appealing Decisions of Lower Judicatories to State or Superior Court Takes Effect July 1, 2023

Effective July 1, 2023, Georgia House Bill 916 (2022), the “Superior and State Court Appellate Practice Act,” will repeal and replace Georgia’s complex notice of appeal and certiorari review statutes (former O.C.G.A. §§ 5-3-1 et…more

Appeals, Certiorari, GA Supreme Court, Georgia, Jurisdiction

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Andrew Fawbush

DOL Finalizes Investment Fiduciary Rule

On Tuesday, April 23, 2024, the Department of Labor (the “DOL”) issued final regulations regarding investment fiduciary obligations and the definition of an “Investment Advice Fiduciary” (the “Final Regulations”) under the…more

401k, Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

See all updates »

Alessandra Ferrero

What You Need to Know About the Corporate Transparency Act

On January 1, 2024, the Corporate Transparency Act (“CTA”) went into effect. The intent of the CTA is to bring the United States into compliance with international anti-money laundering standards. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Confidential Information, Corporate Transparency Act, Financial Crimes

See all updates »

Emily Friedman

Amendments to California’s Private Attorneys General Act

For years, California employers have struggled to deal with claims under the state’s Private Attorneys General Act (“PAGA”)(Labor Code §§ 2699, et seq.), known – without affection – in the early days as the “Sue Your Boss” law. …more

CA Supreme Court, California, Labor Code, Labor Law Violations, New Legislation

See all updates »

Morgan Gieser

EEOC Issues Artificial Intelligence Guidance

On October 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched the Initiative on Artificial Intelligence and Algorithmic Fairness (the “Initiative”) to ensure that artificial intelligence (“AI”) and…more

ADEA, Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Disability Discrimination

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Michael Glanzman

New York Introduces Joint and Several Liability for Prime Contractors and Subcontractors for Unpaid Wage Claims

New York Governor Kathy Hochul recently signed into law Senate Bill S2766-C, which amends the New York Labor Law (NYLL) and General Business Law (GBL) in relation to actions for non-payment of wages, and importantly, creates…more

Collective Bargaining Agreements (CBA), Contractors, New York, State Labor Laws, Subcontractors

See all updates »

Daniel Goldstein

Michigan’s Governor Signs Legislation Repealing Right-To-Work Law

On March 24, 2023, Michigan became the first state in decades to repeal its “Right-to-Work” law. Two days after Governor Whitmer signed the legislation into law, the Teamsters celebrated the repeal with the Governor. Michigan…more

Collective Bargaining Agreements (CBA), Employee Retention, Governor Whitmer, Repeal, Right to Work

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Sarah Gordon

Self-Disclosure Helps HealthSun Avoid Charges

The Criminal Division of the United States Department of Justice (DOJ) encourages companies to cooperate with the government whenever criminal conduct is discovered. A recent case demonstrates how voluntary self-disclosure and…more

Centers for Medicare & Medicaid Services (CMS), Corporate Misconduct, Department of Justice (DOJ), Internal Controls, Medicare Advantage

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Sasha Greenberg

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

Jordan Harcombe

Departments Release Final Mental Health Parity Rules with Significant Compliance Implications for Plan Sponsors and their Service Providers

On September 9, 2024, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively, the Departments) released much-anticipated final rules under the Mental Health Parity and Addiction Equity Act (the…more

Compliance, Department of Health and Human Services (HHS), Employer Group Health Plans, Final Rules, Health Plan Sponsors

See all updates »

Steven Hartmann

Favorable BIPA Ruling for Defendants from the Northern District of Illinois

We are pleased to inform you about a recent development in the Illinois Biometric Information Privacy Act (BIPA) law that could significantly impact businesses using biometric data. Last week, in the case of GT v. Samsung…more

Biometric Information, Biometric Information Privacy Act, Compliance, Consent, Corporate Counsel

See all updates »

Christopher Henry

New York Introduces Joint and Several Liability for Prime Contractors and Subcontractors for Unpaid Wage Claims

New York Governor Kathy Hochul recently signed into law Senate Bill S2766-C, which amends the New York Labor Law (NYLL) and General Business Law (GBL) in relation to actions for non-payment of wages, and importantly, creates…more

Collective Bargaining Agreements (CBA), Contractors, New York, State Labor Laws, Subcontractors

See all updates »

Edward Heppt

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

Patricia Hill

NLRB Revises Standard for Evaluating Employer Policies

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to…more

Boeing, Employee Handbooks, Employee Rights, Employment Policies, NLRA

See all updates »

Phillip Hoover

Third Circuit Reverses EPA “Reactivation” Policy for PSD

A three-judge panel for the U.S. Court of Appeals for the Third Circuit has held that the Clean Air Act (“CAA”) bars the EPA from requiring facilities that are restarting after being shuttered to undergo to strict, Prevention of…more

Appeals, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), PSD

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Glenn Infinger

EBSA Tolls Deadlines For Certain Benefit Plans and Participants

The Department of Labor (DOL) recently issued EBSA Disaster Relief Notice 2021-01 (the “Notice”), which provides guidance on expiration of the COVID-19 extended participant deadlines. The COVID-19 extended participant…more

COBRA, Coronavirus/COVID-19, Deadlines, Department of Labor (DOL), EBSA

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Ian Jones

DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends overtime…more

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

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Walter Killmer

Measure ULA’s Significant New Transfer Tax on Property Sales Over $5 Million

Beginning April 1, 2023, Measure ULA, a citizen-sponsored ballot initiative which was approved by voters in the City of Los Angeles, adds a new tax on the sale or transfer of real property valued at over $5 million. This Measure…more

Affordable Housing, Bureau of Labor Statistics, City of Los Angeles, Property Tax, Tax Rates

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Teri Forehand King

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not only…more

Employee Retirement Income Security Act (ERISA), Federal Bans, Federal Trade Commission (FTC), Final Rules, Forfeiture

See all updates »

Kiyo Kojima

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

Marc Latman

THE CTA IS COMING! THE CTA IS COMING! Be Aware and Ready for When the Corporate Transparency Act Takes Effect

The Corporate Transparency Act (“CTA”) takes effect in two stages, January 1, 2024, and January 1, 2025. The CTA is particularly aimed at beneficial ownership reporting by “small” businesses. In January 2021, Congress…more

Beneficial Owner, Corporate Transparency Act, FinCEN

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James Lotito

New York Amends “Prompt Payment Act” to Limit Retainage

On November 17, 2023, Governor Kathy Hochul signed Senate Bill 3539, which amended Section 756-a and Section 756-c of the New York General Business Law (commonly known as the Prompt Payment Act), which applies to all private…more

Commercial Contracts, Federal Contractors, New York, Prompt Payment, Retainage

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Kathryn Lundy

Two New Laws Expand California’s Non-Compete Prohibition and Require Employers to Provide Notice to Current and Former Employees

California State Senate Bill 699 (“SB 699”) and California State Assembly Bill 1076 (“AB 1076”) enhance California’s well-known prohibition against non-compete agreements or restrictive covenants. Both bills, which took effect…more

Enforcement, New Legislation, Non-Compete Agreements, Non-Solicitation Agreements, State Bans

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Clayton Lynn

What You Need to Know About the Corporate Transparency Act

On January 1, 2024, the Corporate Transparency Act (“CTA”) went into effect. The intent of the CTA is to bring the United States into compliance with international anti-money laundering standards. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Confidential Information, Corporate Transparency Act, Financial Crimes

See all updates »

Tawny Mack

Have you considered an Escalation Clause to cope with Rising Costs?

Earlier this year, the soaring cost of lumber and other construction materials made headlines throughout mainstream media as contractors and owners grappled with the consequences of market volatility. While the construction…more

Bureau of Labor Statistics, Commercial Property Owners, Construction Industry, Construction Project, Contractors

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Madison Mahaffy

A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Restaurant Industry, SCOTUS

See all updates »

Joe Mandarino

Deadlines for Investing 2021 Gains in Opportunity Zones

M&A activity set a new record in 2021, reaching $5.8 billion globally.[1] After such a heated year of sales, mergers, and financings, those investors who saw taxable gains must now account for the inevitable tax bills. One…more

Capital Gains, Filing Deadlines, Investment, Investors, Opportunity Zones

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V. Morgan Manley

New York’s Highest Court Limits Jurisdiction Over Foreign Companies

Foreign companies wishing to do business in New York are generally familiar with the requirement that, under New York Business Corporation Law (the BCL), a foreign corporation must obtain authorization to do so. If such a…more

Appeals, Corporate Counsel, DaimlerChrysler v Bauman, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court

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Michael Manzi

Do Marijuana Smokers Have Special Rights in Your Co-op or Condo?

The possession and use of marijuana by persons who are at least 21 years old is now legal in New York, as is the sale of marijuana and other cannabis products by New York State licensed dispensaries. However, a number of our…more

Bylaws, Cannabis Products, Community Associations, Condominium Associations, Condominiums

See all updates »

Anca Marcu

ECTA Anti-Counterfeiting Committee Report October 2021 – FY 2020

I. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. 2021) In 2013, Nike, Inc. ("Nike") and Converse Inc. ("Converse") brought a trademark infringement action under the Lanham Act against…more

Appeals, China, Compensatory Damages, Counterfeit Goods Regulation, Counterfeiting

See all updates »

Dana Mark

Build Back Better Act’s Threats to Current Estate Planning Techniques

On September 13, 2021, the House Ways and Means Committee Chairman announced the Committee’s plan to pay for the $3.5 trillion Build Back Better Act (the “Act”). The Act has measures to combat the climate crisis, create jobs,…more

Estate Planning, Estate-Tax Exemption, Gift-Tax Exemption, Grantor Retained Annuity Trusts (GRATs), Grantor Trusts

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Don Mazursky

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not only…more

Employee Retirement Income Security Act (ERISA), Federal Bans, Federal Trade Commission (FTC), Final Rules, Forfeiture

See all updates »

Erin McAdams Franzblau

Amendments to California’s Private Attorneys General Act

For years, California employers have struggled to deal with claims under the state’s Private Attorneys General Act (“PAGA”)(Labor Code §§ 2699, et seq.), known – without affection – in the early days as the “Sue Your Boss” law. …more

CA Supreme Court, California, Labor Code, Labor Law Violations, New Legislation

See all updates »

John McCarthy

New York’s Highest Court Limits Jurisdiction Over Foreign Companies

Foreign companies wishing to do business in New York are generally familiar with the requirement that, under New York Business Corporation Law (the BCL), a foreign corporation must obtain authorization to do so. If such a…more

Appeals, Corporate Counsel, DaimlerChrysler v Bauman, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court

See all updates »

Jamey Medlin

New Group Health Plan Annual Attestation Requirement

Group health plans are now required to submit an annual attestation confirming that the agreements the plan enters into with its service providers do not contain “gag clauses,” which are limitations regarding the plan’s ability…more

Attestation Requirements, Centers for Medicare & Medicaid Services (CMS), Employer Group Health Plans, Self-Funded Health Plans

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Victor Metsch

Dog Bites Guest at Home of Owner’s Parents:

Are Mom and Dad Liable for the Injury? Dog bite cases and their factual differences and distinctions abound. Liability is often based on who owned or controlled the dog. But, as a recent case illustrates, another determinant…more

Discovery, Liability, Summary Judgment

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Kelly Meyers

Departments Release Final Mental Health Parity Rules with Significant Compliance Implications for Plan Sponsors and their Service Providers

On September 9, 2024, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively, the Departments) released much-anticipated final rules under the Mental Health Parity and Addiction Equity Act (the…more

Compliance, Department of Health and Human Services (HHS), Employer Group Health Plans, Final Rules, Health Plan Sponsors

See all updates »

Stephen O'Day

Third Circuit Reverses EPA “Reactivation” Policy for PSD

A three-judge panel for the U.S. Court of Appeals for the Third Circuit has held that the Clean Air Act (“CAA”) bars the EPA from requiring facilities that are restarting after being shuttered to undergo to strict, Prevention of…more

Appeals, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), PSD

See all updates »

Obiananma Okeani

NLRB Revises Standard for Evaluating Employer Policies

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to…more

Boeing, Employee Handbooks, Employee Rights, Employment Policies, NLRA

See all updates »

Alexander Pabon

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

Jackson Parker

FERC Proposes Prohibiting Reactive Power Compensation

On March 21, 2024, the Federal Energy Regulatory Commission (FERC) proposed rulemaking that will change the way in which generators receive compensation. Specifically, FERC proposed to prohibit compensation for reactive power…more

Compensation, Energy Sector, FERC, Proposed Rules, Transmission Grid

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Edward Pennington

U.S. v. Arthrex Case Creates a New Path to Challenge IPR Decisions

As a result of yesterday’s Supreme Court’s decision in U.S. v. Arthrex, any party dissatisfied with the result of an Inter Partes Review (IPR) can now seek review by the Director of the Patent and Trademark Office (PTO)…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

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Todd Pickard

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

See all updates »

David Putnal

DOL Finalizes Investment Fiduciary Rule

On Tuesday, April 23, 2024, the Department of Labor (the “DOL”) issued final regulations regarding investment fiduciary obligations and the definition of an “Investment Advice Fiduciary” (the “Final Regulations”) under the…more

401k, Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

See all updates »

Robert Remar

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

See all updates »

Christopher De Los Reyes

New DOS Policy Makes National Interest Exceptions Harder to Obtain for Foreign Nationals Subject to European COVID-19 Travel Ban

On March 2, 2021, the U.S. Department of State (DOS) announced new and more restrictive eligibility criteria for obtaining a National Interest Exception (NIE) to the COVID-19 travel bans for the European Schengen Area, the…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Department of Homeland Security (DHS), E-1, E-2

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Michael Riesen

Compliance with Ambiguous Regulations – State of the Law and Trends

Federal administrative law is largely about policing delegations of power from Congress to Executive Branch agencies, and the administrative law concept of “deference” is about delegation of interpretative power over ambiguous…more

Administrative Procedure Act, Ambiguous, Chevron Deference, Compliance, Kisor v Wilkie

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Angela Roberts

Departments Release Final Mental Health Parity Rules with Significant Compliance Implications for Plan Sponsors and their Service Providers

On September 9, 2024, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively, the Departments) released much-anticipated final rules under the Mental Health Parity and Addiction Equity Act (the…more

Compliance, Department of Health and Human Services (HHS), Employer Group Health Plans, Final Rules, Health Plan Sponsors

See all updates »

Jeffrey Rossman

Favorable BIPA Ruling for Defendants from the Northern District of Illinois

We are pleased to inform you about a recent development in the Illinois Biometric Information Privacy Act (BIPA) law that could significantly impact businesses using biometric data. Last week, in the case of GT v. Samsung…more

Biometric Information, Biometric Information Privacy Act, Compliance, Consent, Corporate Counsel

See all updates »

Darren Rowles

New Law Reduces Retainage of Georgia Public Construction Projects

One of the bills of interest to construction professions in the 2021-2022 session of the Georgia General Assembly, Senate Bill 438, recently passed and alters how much retainage is withheld on public construction projects. …more

Construction Contracts, Construction Project, Contractors, Georgia, Retainage

See all updates »

Vickie Chung Rusek

OSHA Adopts National Emphasis Program (NEP) in Lieu of Adopting Emergency Temporary Standards to Address COVID in the Workplace

On March 15, OSHA adopted an NEP in response to President Biden’s Executive Order directing the agency to come up with a national program for COVID-19 enforcement priorities. The NEP directs OSHA to conduct programmed…more

Biden Administration, Coronavirus/COVID-19, Enforcement Priorities, Executive Orders, NAICS

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Melissa Salsano

The New ‘Buy Clean Concrete’ Guidelines Applicable to State of New York Agency Construction Contracts

The New York State Office of General Services has issued the long-awaited New York State Buy Clean Concrete guidelines applicable to certain State of New York (“NYS”) construction projects. The guidelines “establish the…more

Compliance, Concrete, Construction Contracts, Executive Orders, New York

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Wm. Parker Sanders

Enforcement Policy at the U.S. Department of Justice Criminal Division Continues to Evolve

This week, on Tuesday, January 17, the Department of Justice’s (“DOJ”) Criminal Division’s Assistant Attorney General, Kenneth Polite, sent an “undeniable message” that companies should come forward and do the right thing by…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Enforcement, Self-Disclosure Requirements

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Christopher Schulte

Amendments to California’s Private Attorneys General Act

For years, California employers have struggled to deal with claims under the state’s Private Attorneys General Act (“PAGA”)(Labor Code §§ 2699, et seq.), known – without affection – in the early days as the “Sue Your Boss” law. …more

CA Supreme Court, California, Labor Code, Labor Law Violations, New Legislation

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Katie Schwartz

New York Wage Theft Claims: New Developments

New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”). For…more

Criminal Liability, Labor Law Violations, Minimum Wage, New York, NYDOL

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Laleh Sharifi

Israel Added to Visa Waiver Program/ESTA

On September 27, 2023, the Department of Homeland Security (DHS) announced the designation of Israel into the Visa Waiver Program (VWP). By November 30, 2023, the Electronic System for Travel Authorization (ESTA) will be updated…more

B-1, B-2, Department of Homeland Security (DHS), ESTA, Israel

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Brandon Sherlinski

New Group Health Plan Annual Attestation Requirement

Group health plans are now required to submit an annual attestation confirming that the agreements the plan enters into with its service providers do not contain “gag clauses,” which are limitations regarding the plan’s ability…more

Attestation Requirements, Centers for Medicare & Medicaid Services (CMS), Employer Group Health Plans, Self-Funded Health Plans

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Robert Sikorski

What You Need to Know About the Corporate Transparency Act

On January 1, 2024, the Corporate Transparency Act (“CTA”) went into effect. The intent of the CTA is to bring the United States into compliance with international anti-money laundering standards. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Confidential Information, Corporate Transparency Act, Financial Crimes

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Robin Silberzweig

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

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Peter Silverman

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

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Alex Smith

EBSA Tolls Deadlines For Certain Benefit Plans and Participants

The Department of Labor (DOL) recently issued EBSA Disaster Relief Notice 2021-01 (the “Notice”), which provides guidance on expiration of the COVID-19 extended participant deadlines. The COVID-19 extended participant…more

COBRA, Coronavirus/COVID-19, Deadlines, Department of Labor (DOL), EBSA

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Lisa Smith

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

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Travis Swanson

Michigan’s Governor Signs Legislation Repealing Right-To-Work Law

On March 24, 2023, Michigan became the first state in decades to repeal its “Right-to-Work” law. Two days after Governor Whitmer signed the legislation into law, the Teamsters celebrated the repeal with the Governor. Michigan…more

Collective Bargaining Agreements (CBA), Employee Retention, Governor Whitmer, Repeal, Right to Work

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Meghan Tepas

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes…more

Compensation, Employee Benefits, Final Rules, Joint Employers, NLRA

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Andrew Thompson

Sackett v. EPA: SCOTUS Narrows Reach of the Federal Clean Water Act Over Wetlands

On May 25, 2023, the U.S. Supreme Court issued a decision in Sackett v. EPA, a closely watched case regarding the jurisdictional reach of the federal Clean Water Act (CWA). Specifically, the Supreme Court addressed the test to…more

Clean Water Act, Environmental Protection Agency (EPA), Rapanos v US, Sackett, Sackett v EPA

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Emily Tichenor

Virginia Passes Overtime Wage Act

On March 20, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Beginning on July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect resulting in new overtime rules far broader than…more

Employee Definition, Fair Labor Standards Act (FLSA), Governor Northam, Misclassification, New Legislation

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John Van Der Tuin

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

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Tobin Walls

New 401(k) Adoption Agreements on the Horizon: Pitfalls for the Unwary

Employers that use an IRS-approved form 401(k) or profit sharing plan document are required to adopt updated IRS-approved adoption agreements no later than July 31, 2022. Most plan recordkeepers and other plan document…more

401k, Administrative Procedure, Adoption, Discretionary Functions, IRS

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Jenny Wang

Measure ULA’s Significant New Transfer Tax on Property Sales Over $5 Million

Beginning April 1, 2023, Measure ULA, a citizen-sponsored ballot initiative which was approved by voters in the City of Los Angeles, adds a new tax on the sale or transfer of real property valued at over $5 million. This Measure…more

Affordable Housing, Bureau of Labor Statistics, City of Los Angeles, Property Tax, Tax Rates

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Emily Ward

Rapping Up a RICO: The Use of Rap Lyrics As Admissions In The Young Thug Trial

Remember when The Chicks (previously known as the Dixie Chicks) were indicted for killing ‘Earl’ after they admitted to poisoning him in their song “Goodbye Earl”? What about Johnny Cash being convicted for shooting a man in…more

Criminal Prosecution, Evidence, Federal Rules of Evidence, RICO

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Matthew Warenzak

United States Patent and Trademark Office Expands Patents for Humanity Program to COVID-19 Inventions

The United States Patent and Trademark Office (USPTO) recently announced that the Patents for Humanity awards program is now open for COVID-19 related patents and patent applications, providing award winners with accelerated…more

Coronavirus/COVID-19, Ex Partes Reexamination, Inventions, Patent Applications, Patent Trial and Appeal Board

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Edward Wasmuth, Jr.

Diversity Jurisdiction, the Amount in Controversy, and Removal: A Defendant’s Burden

In a lawsuit between parties located in different states, a plaintiff sometimes try to keep the case in the state court by being cagey about defining their damages to prevent the defendant from removing the case to federal…more

Amount in Controversy, Appeals, Damages, Diversity Jurisdiction, Jurisdiction

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Roland Weekley

Quarterbacking Your (Mental) Health Care

Have you ever had a loved one experience a mental health crisis that has left them unable to temporarily manage their affairs? You are not alone as millions of Americans suffer from mental health problems. For years,…more

Advance Health Care Directive, Georgia, Mental Health, Power of Attorney, Substance Abuse

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Michael Whitty

Family Fiduciary Feud–How to Mitigate Conflicts and Manage Litigation in Family-Owned Businesses and Trusts

Families fight. That is inevitable. Naturally, when a family-owned business or a family trust is at issue, some level of conflict is to be expected. When these conflict-prone structures combine, the conflicts have the potential…more

Business Disputes, Compensation, Documentation, Family Businesses, Mediation

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Scott Woldow

Metaverse: The Next Commercial Frontier

It appears that the next commercial frontier is the so-called “metaverse.” The term “metaverse” was first used in science fiction novels. It combines the word “universe” with the prefix “meta,” which comes from a Greek word…more

China, Cryptocurrency, Digital Assets, Nike, Non-Fungible Tokens (NFTs)

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Stephen Youngblood

Compliance with Ambiguous Regulations – State of the Law and Trends

Federal administrative law is largely about policing delegations of power from Congress to Executive Branch agencies, and the administrative law concept of “deference” is about delegation of interpretative power over ambiguous…more

Administrative Procedure Act, Ambiguous, Chevron Deference, Compliance, Kisor v Wilkie

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Svetlana Zagorina

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

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Daniel Zegura

Amendments to California’s Private Attorneys General Act

For years, California employers have struggled to deal with claims under the state’s Private Attorneys General Act (“PAGA”)(Labor Code §§ 2699, et seq.), known – without affection – in the early days as the “Sue Your Boss” law. …more

CA Supreme Court, California, Labor Code, Labor Law Violations, New Legislation

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Marc Zimmerman

A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Restaurant Industry, SCOTUS

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Eliot Zuckerman

It’s 6 P.M. – Do You Know Where Your Money Is?

The recent takeover of First Republic Bank by JP Morgan Chase briefly resurfaced the instability of the regional banking sector as front page news. For many, if not most people, the issue has largely become background noise, and…more

Banking Sector, Banks, FDIC, JPMorgan Chase, Mortgage Lenders

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