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Husch Blackwell LLP

California Board of Pharmacy Proposes Amended Regulation Governing Pharmacy Business Discontinuations

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On November 15, 2024, the California Board of Pharmacy issued a public notice of its intent to modify Cal. Code Regs. tit. 16 § 1708.2, which governs the discontinuation of pharmacy businesses in California. The regulation...more

Davies Ward Phillips & Vineberg LLP

Davies Insolvency Now, Issue 11 - 2019 – 2024 Data Trends

In this issue of Insolvency Now, we report on the data trends we are seeing so far in 2024 compared with when we first started tracking data in 2019. Key Takeaways: •Overall, we are seeing a marked increase in filings,...more

J.S. Held

Current Enforcement Efforts in the Battle Against COVID-19 Loan Program Fraud

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The COVID-19 pandemic caused unprecedented impacts around the world including stay-at-home orders, curfews, quarantines, and economic uncertainty. Businesses across the United States were forced to close their doors, limit...more

Foodman CPAs & Advisors

FinCEN BOI 7/8/24 FAQs

El 7/8/24, FinCEN actualizó su página de preguntas frecuentes de BOI para incluir tres nuevas preguntas y una nueva actualización. FinCEN afirma que continuará brindando orientación sobre cómo presentar información sobre...more

Foodman CPAs & Advisors

FinCEN BOI FAQs 7/8/24

On 7/8/24, FinCEN updated its BOI FAQs page to include three new questions and one new update. FinCEN states that it will continue to provide guidance on how to submit beneficial ownership information; including updating the...more

Bennett Jones LLP

The COVID-19 Virus Does Not Trigger Business Interruption Insurance Coverage

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In 2023, the Ontario Superior Court of Justice (Commercial List) released its highly anticipated decision in Workman Optometry Professional Corporation v Certas Home and Auto Insurance Company (Workman). The Court’s decision,...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

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This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Rivkin Radler LLP

Trust Fund Recovery Penalty & The Closely Held Business

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Depending upon what you read or, perhaps more accurately, depending upon how much you believe of what you read, you may be aware that many closely held businesses are concerned about their future. Most of these survived...more

Jackson Lewis P.C.

WARN Act Issues to Navigate for the Restaurant Industry

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Restaurants’ plans for temporary or permanent closures or layoffs could trigger the notice requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act) or the many state mini-WARN Acts enacted...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 2024

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The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more

StoneTurn

Risk Awareness and Mitigation in Disaster Recovery: Before, During and After a Catastrophe

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Business leaders and risk managers should always be prepared for the worst. As of October 11, 2023, the United States already experienced 24 separate “billion-dollar” weather and climate disasters in the calendar year,...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

StoneTurn

Risk Awareness and Mitigation in Disaster Recovery: During a Catastrophe

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In 2022, the United States experienced 18 separate weather and climate disasters costing at least one billion dollars according to NOAA. In 2023, that number rose to 28 separate billion dollar weather events. The frequency...more

Constangy, Brooks, Smith & Prophete, LLP

It's tough to get union representation petitions dismissed based on “imminent cessation”

Don't count on it. The National Labor Relations Board has declined to review a Regional Director’s Decision and Direction of Election that required a construction company to hold a union representation election. The company,...more

Fox Rothschild LLP

Bill Proposes January 31 as Last Day to File Employee Retention Credit Claims

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The House Ways and Means Committee recently advanced a bill that gives businesses a proposed deadline of January 31, 2024 to file Employee Retention Credit (ERC) claims. Known as the Tax Relief for American Families and...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

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On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

Freiberger Haber LLP

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

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Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Sheppard Mullin Richter & Hampton LLP

Think Twice Before Closing the Shop Doors

In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal...more

Dechert LLP

WARN Act Decision Highlights Employment Risks for Private Equity Sponsors

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In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be...more

McDermott Will & Emery

Betriebsbedingter Kündigung – Vermutungswirkung bei Insolvenz

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In einer aktuellen Entscheidung hat das BAG festgestellt, dass die Vermutungswirkung des § 125 Abs. 1 Nr. 1 InsO auch dann eingreift, wenn bis zu einem anvisierten Stilllegungszeitpunkt noch viel Zeit vergeht und für ein...more

Proskauer - Labor Relations Update

Not A Clean Break:  Cautionary Tale for Employers Looking To Close Plants

In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

Fisher Phillips on

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Spain Introduces New Obligation to Notify Unions Six Months in Advance of Workplace Closures

The Spanish government has introduced Royal Decree 608/2023, a new employment law that requires any company closing operations to notify trade unions, autonomous community labour authorities, and the central government six...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion

This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V....more

Faegre Drinker Biddle & Reath LLP

New York State DOL Issues Amended WARN Regulations

The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses...more

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