Fox Rothschild LLP

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2000 Market St.
20th Floor
Philadelphia, PA 19103-3222, United States
Phone: 215.299.2000
Fax: 215.299.2150
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Delaware
  • Florida
  • Georgia
  • Illinois
  • Massachusetts
  • Minnesota
  • Nevada
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
  • South Carolina
  • Texas
  • Washington
Number of Attorneys
1,000+ Attorneys

Truck Dealers: The Forgotten Child - Why Encroachment Protection Is Not a One-Size-Fits-All Proposition

Franchise laws, indeed, the entire automotive industry, are focused primarily on the passenger motor vehicle market – and nowhere is this more obvious than in the area of encroachment protection. The commercial truck industry,…more

Automotive Industry, Distributors, Encroachments, Franchises, Franchisors

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The Presumption of Innocence Podcast: Episode 35 - A Double-Edged Sword? The DOJ Confronts AI

Like all new technologies, AI isn’t naturally good or bad. But it can be used by people motivated to do terrible — and possibly criminal — things. That’s the view of Mark McCreary, our Chief Artificial Intelligence &…more

Artificial Intelligence, Corporate Crimes, Criminal Prosecution, Emerging Technology Companies, White Collar Crimes

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Inventorship: USPTO Guidance on AI-Assisted Inventions Underscores Importance of ‘Human Contributions’

The United States Patent and Trademark Office (USPTO) published a Federal Register Notice on Feb. 13, 2024, providing guidance on inventorship for artificial intelligence-assisted inventions. The Guidance applies to all patent…more

Artificial Intelligence, Disclosure, Federal Register, Inventions, Inventors

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California FTB Unveils Microcaptive and Conservation Easement Settlement Initiative

The California FTB recently released a settlement initiative for taxpayers involved in microcaptive or syndicated conservation easement transactions. Taxpayers who enter into the settlement program will not be able to claim any…more

California, Conservation, Easements, State and Local Government, Tax Court

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Pennsylvania Passes Remote Notarization, Offering Some Estate Planning Relief

On April 20, Pennsylvania Gov. Tom Wolf signed Senate Bill 841 ? now Act 15 of 2020 ? into law, allowing for the remote or virtual notarization of signatures on all documents. The finalized bill expands on the Pennsylvania…more

Coronavirus/COVID-19, Estate Planning, Governor Wolf, Remote Notarization, Shelter-In-Place

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Doing Business in California, a Totally Helpful (and Free) Resource for You!

Getting ready to return to the office in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how…more

Anti-Harassment Policies, Ban the Box, California, California Family Rights Act (CFRA), Discrimination

See all updates »

Third Circuit Establishes ‘Reasonable Reader’ Standard for Determining Accuracy of Credit Report Entries

Settling an issue that has prompted a variety of approaches to claims under the federal Fair Credit Reporting Act (FCRA), the U.S. Court of Appeals for the Third Circuit ruled in Marissa Bibbs v. Trans Union LLC that courts must…more

Borrowers, Credit Reporting Agencies, Credit Reports, Creditors, Fair Credit Reporting Act (FCRA)

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Nondisparagement Clauses May Run Afoul of New Jersey Law Against Discrimination

In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment,…more

Employment Discrimination, Harassment, NJ Supreme Court, NJLAD, Non-Disparagement Provisions

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Struggling to Manage the Unmanageable Adult Child?

One does not expect to see an article about individual mental illness and efforts to manage it on the front page of the Wall Street Journal. But these are extraordinary times in the sense that we are seeing lots of families…more

Adult Children, Child Support, Homeless Issues, Mental Health, Mental Health Initiatives

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Tax Court’s Decision on YA Global Investments Has Implications for Offshore Entities

The Tax Court’s decision in YA Global Investments LP v. Commissioner in November sends a warning to the offshore banking, finance and equity investment industries: an offshore entity is engaged in U.S. trade or business when an…more

Cayman Islands, Investment, Investment Adviser, Investors, IRS

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Outlook Still Hazy for Cannabis Companies’ Access to Bankruptcy

If finalized, the Drug Enforcement Administration’s (DEA) recent recommendation to reclassify cannabis from a Schedule I to a Schedule III substance has the potential to open important doors to businesses in the legal marijuana…more

Agribusiness, Bankruptcy Court, Bankruptcy Trustees, Controlled Substances Act, DEA

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Dallas Bike Share Laws: Making Actual Progress Or Just Spinning Our Wheels?

Much like the actual “bike share” bikes themselves, the topic of bike share programs seems to pop up around every corner in Dallas. Let me start by going on record as being pro-bike share. But not everyone is a fan…more

Ridesharing, Sharing Economy, Texas

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New Appellate Division Decision on Importance of Arbitration Agreement Formalities: A Cautionary Tale

I have extensively blogged on the importance of formalizing arbitration agreements in the context of divorce or post-judgment actions in compliance with the applicable Court rules, offering technical and practical advice if you…more

Arbitration, Arbitration Agreements, Child Support, Consent Order, Divorce

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NIL Lawsuit Serves as Cautionary Tale for College Athletes

Former Florida Gators star defensive lineman and current Chicago Bears rookie Gervon Dexter recently filed a federal lawsuit to void his agreement with name, image and likeness (NIL) group, Big League Advance. The lawsuit…more

College Athletes, Compensation, Contract Terms, Name and Likeness, NCAA

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Washington Supreme Court Upholds New Capital Gains Tax

The Washington Supreme Court recently issued an important decision upholding the state’s new capital gains tax. Two dissenting justices agreed with the trial court’s conclusion that the tax is unconstitutional based on 90 years…more

Capital Gains, Department of Revenue, Excise Tax, Income Taxes, Tax Liability

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Title IX Amendments: What School Administrators Need to Know Now

The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title IX…more

Amended Legislation, Department of Education, Educational Institutions, Gender Identity, Grievance Process

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National Survey on Restrictive Covenants - Updated 2023

As many know, restrictive covenant law is in a constant state of flux and varies considerably from state to state. Moreover, restrictive covenant law changes frequently and often requires a fact-specific analysis. Over the last…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Human Resources Professionals

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2023 Minnesota Legislative Session Employment Law Updates: What Employers Need to Know Now

The 2023 Minnesota legislative session, which ended May 22, was chock-full of critical employment law developments that will have immediate and ongoing impacts for employers in Minnesota on a variety of fronts, including paid…more

Hairstyle Discrimination, Human Rights, Lactation Accommodation, Legislative Agendas, Marijuana

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USPTO Provides Limited Patent and Trademark Deadline Extensions Under the CARES Act-UPDATED June 2020 #2

The Coronavirus Aid, Relief and Economic Security (CARES) Act provides applicants for U.S. patents and trademarks the opportunity to obtain temporary relief from certain deadlines as an increasing number of businesses face…more

CARES Act, Coronavirus/COVID-19, Filing Deadlines, Patents, Time Extensions

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Employer Group Health Plan Mandate Related To No-Cost COVID-19 Testing And New Paid And FMLA Leave

The Families First Coronavirus Response Act (FFCRA) requires employer group health plans to cover the COVID-19 test with no cost-sharing and includes new federal paid and unpaid leave requirements that affect employer group…more

Coronavirus/COVID-19, Employer Group Health Plans, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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AdvisorEsq Podcast Series - Episode 8 - Executive Insights: Succeeding as a COO at an RIA Firm

How can a chief operating officer be most impactful at a registered investment advisor firm? In this episode, host Matt Baum chats with Matt Sonnen, COO of Coldstream Wealth Management. They discuss what it means to be a COO in…more

Financial Services Industry, Investment Adviser, Investment Firms, Investment Management, Registered Investment Advisors

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Senator Cory Booker Introduces The Marijuana Justice Act Of 2017

On August 1, 2017, U.S. Senator Cory Booker (D-NJ) introduced the Marijuana Justice Act of 2017. The bill, which Senator Booker first announced on Twitter and then described more fully on Facebook Live, aims to end the federal…more

Controlled Substances Act, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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The Presumption of Innocence Podcast: Episode 18 - A Deep Dive Into Antitrust Violations and the Procurement Collusion Strike Force

Unwittingly walking into an antitrust violation can be easier than it seems. In our latest podcast episode, listen as Fox Rothschild partners Ryan Becker and Kristen Broz explore the recent spike in enforcement activity by the…more

Antitrust Violations, Sherman Act

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The Tax Code Could Change Before Year's End: What Can Wealthy Individuals Do Now?

President Joseph Biden and the Democratic majority in Congress are working on a $3.5 trillion tax and spending package that could dramatically increase taxes on the wealthy. In addition, new proposals are being floated almost…more

Estate Tax, Gift Tax, Grantor Trusts, Irrevocable Life Insurance Trusts, Joe Biden

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Combatting Corona With The Power Of The Broadway Pre-Sale

The closure of Broadway theatres amidst the Corona pandemic came as a gut punch. It was swift, sharp and immediately changed the fate of the forty-one theatres that make New York City the center of the global theatrical market…more

Business Closures, Coronavirus/COVID-19, Theater Productions

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New York’s Adult-Use Cannabis Law: Opportunity Starts With The Right Real Estate

Second in a series on the New York State Cannabis/Marijuana Regulation & Taxation Act- The New York State Marijuana Regulation and Taxation Act (MRTA), signed into law on March 31, legalized recreational use of marijuana for…more

Cannabis-Related Businesses (CRBs), Dispensaries, Legalization, Marijuana, Marijuana Regulation & Taxation Act (MRTA)

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FTC Bans Virtually All Employment-Based Noncompete Agreements, Business Groups Seeking Injunction

In a rare public meeting, the Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to approve a final regulatory rule (Final Rule) which bans virtually all preexisting and future noncompete agreements with very few…more

Confidentiality Agreements, Federal Bans, Federal Trade Commission (FTC), Final Rules, Franchises

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Doing Business in California, a Totally Helpful (and Free) Resource for You!

Getting ready to return to the office in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how…more

Anti-Harassment Policies, Ban the Box, California, California Family Rights Act (CFRA), Discrimination

See all updates »

Video, Audio Recordings From PA School Districts That Employ School Police Officers Are Not Subject To The PA Right To Know Law

Under Pennsylvania’s Act 22 of 2017, a public school entity will be considered a “law enforcement agency” if it employs a court-approved “school police officer.” That status under the Act removes the school entity from…more

Audio Recording, Public Schools, Right To Know, School Districts, Video Recordings

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ERC Voluntary Disclosure Deadline Rapidly Approaching on March 22

The March 22 deadline for applying to the IRS Voluntary Disclosure Program (VDP) to repay improperly claimed Employee Retention Credits (ERC) at a discount is just around the corner. The VDP requires businesses to repay only…more

Audits, CARES Act, Coronavirus/COVID-19, Employee Retention, Installment Agreements

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Interview Of Brian Tu, Digital Media Industry Leader

Today we welcome Brian Tu, a leader in the fast-paced and complex space formed at the intersection of technology, media and finance. Brian has worked with some of the most prominent—and interesting—media technology companies in…more

Advertising, Digital Media, Internet, Online Platforms

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DOJ Keeps The Music Playing For ASCAP And BMI

On January 15th, the Department of Justice announced it has ended its two-year review of the 80-year old consent decrees that govern the operation of the largest music performing rights organizations in the United States: ASCAP…more

Antitrust Division, ASCAP, BMI, Consent Decrees, Department of Justice (DOJ)

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US Department of Health and Human Services Office of Inspector General Warns Providers of Suspect Telemedicine Arrangements through Special Fraud Alert

While the rise of telehealth has brought us a plethora of advantages in the past two years, the concern of heightened fraud and abuse risks must not be overlooked. On July 20, 2022, the US Department of Health and Human Services…more

Department of Health and Human Services (HHS), Fraud, Health Care Providers, Kickbacks, Physicians

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Litigants in Two Major International Arbitrations Ask the Supreme Court to Review the Standard for Showing “Evident Partiality” By Arbitrators

Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts should…more

Arbitration, Arbitration Awards, Bias, Conflicts of Interest, International Arbitration

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L.A. Care to Pay $1.3 Million Settlement Over HIPAA Violations: What You Need to Know

A recent settlement entered into by the nation’s largest publicly operated health plan serves as a stark warning to all entities and business associates subject to the Health Insurance Portability and Accountability Act:…more

Corrective Action Plans (CAPs), Data Breach, Data Privacy, Data Protection, Department of Health and Human Services (HHS)

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IRS is coming for NIL collectives

It is a truism that agencies required to publicly release documents sometimes hold off on releasing those documents until a Friday afternoon, in the hopes it will be overlooked. The IRS lived up to that truism in releasing a…more

Earnings Tax, IRS, Name and Likeness, NCAA, Retroactive Taxes

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California Joins Jurisdictions Across the Country Taking Aim at ‘Junk Fees’

New legal requirements in California and across the country will soon change the way businesses, in particular restaurants, must operate as the government seeks to eliminate the practice of “drip pricing” – i.e., advertising a…more

California, Excessive Fees, Goods or Services, Hospitality Industry, Hotels

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Procedural Considerations in Defending Title Insurers Against Extracontractual Claims in Washington State

Bad faith, Insurance Fair Conduct Act (IFCA) and Consumer Protection Act (CPA) litigation continues to proliferate in Washington State, including litigation pertaining to title insurance claims. The stakes could not be higher…more

ALTA, Consumer Protection Act, IFCA, Insurance Claims, Insurance Litigation

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At Stake - April 2024

Before delving into the exciting Illinois Gaming Board meeting, we wanted to remind those who may be interested that the IGB is seeking public comments and proposals for a potential video gaming rulemaking. The rule could allow…more

Casinos, Gambling, Gaming, Illinois, Licenses

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U.S. Supreme Court Loosens the Clean Water Act’s Grip on Wetlands

The U.S. Supreme Court recently issued an important decision that restricts the jurisdictions of the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (USACE) over wetlands. Background- In Sackett v…more

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

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IRS Issues Updated And Expanded FAQs On CARES Act Employee Retention Credit

Providing extensive guidance on the Employee Retention Credit, the IRS has posted 94 updated FAQs that explains this important provision in the CARES Act (the Coronavirus Aid, Relief, and Economic Security or CARES Act)..…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Employee Retention, Employer Group Health Plans

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The Surprising Reason The Kavanaugh Nomination Could Be A Big Boon To Content Streamers

President Trump’s recent nomination of Judge Brett Kavanaugh to fill Justice Kennedy’s seat on the United States Supreme Court has caused some concern about his potential impact on the future of copyright law. This is because…more

Brett Kavanaugh, Copyright, Internet Streaming, Trump Administration

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Be Prepared for the Whistle to Blow: New York Expands its Whistleblowing Law

New York employers should brace for the significant expansion of the whistleblower protections set forth in New York Labor Law § 740 (Section 740) under legislation (S.4394A/A.5144A) signed into law in October by New York Gov…more

Anti-Retaliation Provisions, CEPA, New York, Whistleblower Protection Policies, Whistleblowers

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Major Changes To Trademark And Copyright Law Included In Massive Stimulus Package

Highly publicized pandemic relief and economic stimulus legislation that hurriedly passed Congress late in 2020 with little debate also includes what has been called the most significant trademark legislation since the Lanham…more

Consolidated Appropriations Act (CAA), Copyright, Corporate Counsel, eBay, Lanham Act

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5th Circuit Joins Trend, Approves ‘Snap Removal’ Exception

For defendants in civil cases, securing the right to litigate in a federal court is getting easier in some jurisdictions – even when a case was initially filed in a state court in your home state. But it's critically…more

Civil Claims, Federal Rules of Civil Procedure, Litigation Strategies

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The Clock Is Ticking: H-1B Cap Season Is Here - Updated December 2023

Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty…more

Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, H-1B, Immigration Procedures

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The Presumption of Innocence Podcast: Episode 18 - A Deep Dive Into Antitrust Violations and the Procurement Collusion Strike Force

Unwittingly walking into an antitrust violation can be easier than it seems. In our latest podcast episode, listen as Fox Rothschild partners Ryan Becker and Kristen Broz explore the recent spike in enforcement activity by the…more

Antitrust Violations, Sherman Act

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Illinois Expands Paid and Unpaid Leave Time

Governor JB Pritzker has dedicated his administration to expanding the rights and protections of employees. Many of these changes place significant compliance requirements on employers, and being non-compliant risks hefty fines…more

Bereavement Leave, Family and Medical Leave Act (FMLA), Governor Pritzker, Illinois, State Labor Laws

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Navigating Attorney-Client Privilege in Mixed-Purpose Communications

A recent U.S. Supreme Court case, In re Grand Jury, captured the attention of lawyers nationwide who hoped it would provide guidance on the application of attorney-client privilege to “mixed-purpose” communications between…more

Attorney-Client Privilege, Business Advice, Client Communication, Legal Advice, Legal Advice Privilege

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Understanding the Correct LGBTQIA+ Terms Is Critical to Workplace DEI Efforts

Using the correct terminology isn’t just about being “woke.” It is about creating an inclusive workplace where everyone feels respected. And getting it wrong, or not paying close enough attention to those in the workplace who…more

Diversity and Inclusion Standards (D&I), Gender Identity, LGBTQ, Sexual Orientation, Transgender

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2023 Minnesota Legislative Session Employment Law Updates: What Employers Need to Know Now

The 2023 Minnesota legislative session, which ended May 22, was chock-full of critical employment law developments that will have immediate and ongoing impacts for employers in Minnesota on a variety of fronts, including paid…more

Hairstyle Discrimination, Human Rights, Lactation Accommodation, Legislative Agendas, Marijuana

See all updates »

New Jersey To End Mask Mandates And Social Distancing: What This Means For Your Business

New Jersey Gov. Phil Murphy will lift many of the state’s most prevalent COVID-19 safety restrictions, including mask mandates, social distancing requirements and capacity limitations. These changes will allow many companies to…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Governor Murphy, Healthcare

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Cha-Ching: USPTO Proposes Increases in Patent Fees

The U.S. Patent and Trademark Office (USPTO) has proposed a significant increase in patent fees, including the implementation of entirely new fees and revamped fee structures. The USPTO has indicated that the fee proposal is…more

Continuous Applications, Filing Fees, Information Disclosure Statement, Patent Applications, Patent Filings

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CyberSecurity and the Aviation Industry . . . The Stakes are High

Although aerospace and aviation companies are familiar with certain harms of cyberattacks, such as ransom demands, operational slowdowns, and compromised data of employees, passengers and others, a court ruling earlier this…more

Aviation Industry, Cybersecurity, Department of Defense (DOD), Department of Justice (DOJ), False Claims Act (FCA)

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New Jersey Enacts Permanent Rules Allowing Remote Online Notarization

Methods for getting a document notarized were changed temporarily at the outset of the pandemic because it was not practical – or at times even possible – to meet with a notary public in person. Now New Jersey is making that…more

Electronic Devices, Estate Planning, New Jersey, Remote Notarization, Virtual Notarization Procedures

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Beware of the Exempt Organization Examination: IRS Audits of Charities are Becoming More Common

As the Internal Revenue Service ramps up its audit staff, its gaze is extending beyond the for-profit sector. IRS audits of public charities are also increasing. We have recently assisted several charities with their audits…more

Audits, IRS, Nonprofits, Popular, Public Charities

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Not ‘If’ But ‘When’ – Navigating A Force Majeure Clause During The COVID-19 Pandemic

Not three weeks ago – at a time when COVID-19 was but a distant crisis – the Centers for Disease Control and Prevention (CDC) forewarned that the coronavirus’s arrival and proliferation in the United States was not a matter of…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases, Performance Standards

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One Appraiser Goes to Prison, Another Goes Home: What to Expect from the IRS

Most appraisers don’t go to prison, and those that do, don’t go for appraising. So it’s no wonder why much has been made of the one-year prison sentence recently handed down to Walter Roberts II, an appraiser who pleaded guilty…more

Appraisers, Conservation Easements, False Documentation, False Statements, IRS

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Washington Supreme Court Upholds New Capital Gains Tax

The Washington Supreme Court recently issued an important decision upholding the state’s new capital gains tax. Two dissenting justices agreed with the trial court’s conclusion that the tax is unconstitutional based on 90 years…more

Capital Gains, Department of Revenue, Excise Tax, Income Taxes, Tax Liability

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The Coronavirus And Unionized Employees: Issues Options And Strategies

Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak. Below, we will address common issues…more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Risk Management, Unions

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11th Annual NC Business Court CLE is October 20, 2023

Another fall, another amazing CLE for complex business litigators across the State: The Mecklenburg County Bar Association’s 11th Annual North Carolina Business Court CLE will take place on October 20, 2023…more

Business Court, Continuing Legal Education, North Carolina

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New Jersey Passes Affordable Housing Law

New Jersey is ushering in a new era of state affordable housing guidelines. The New Jersey Assembly and Senate recently passed affordable housing legislation and Gov. Phil Murphy has signed it into law. For New Jersey…more

Affordable Housing, Governor Murphy, Municipalities, New Jersey, New Legislation

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Jack Daniel's Wins Supreme Court Battle with Dog Toy Seller Who Mocked Iconic Brand

In a win for brand owners across the country, the U.S. Supreme Court ruled last week that potential infringers as a threshold matter are not automatically shielded from liability by simply claiming their infringement includes a…more

Brand, First Amendment, Free Speech, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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The Lightbulb Podcast Series: Episode 1 - Patent Agents: A Career Path From the Lab to the Law Firm

Introducing “The Lightbulb,” a podcast companion to our quarterly newsletter. In each episode, members of the Fox Rothschild Intellectual Property Department will take a deep dive into different areas of the law and the…more

Intellectual Property Protection, Patent Agents, Patents

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Is Your Website HIPAA-Compliant?

If you are a HIPAA-covered entity or business associate, you likely know that patient PHI may only be created, received, maintained, and transmitted as permitted by the HIPAA Security Rule and the HIPAA Privacy Rule…more

Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule, PHI, Risk Assessment

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Are Gate-keeper Provisions in Chapter 11 Confirmation Orders a Stopgap for Nonconsensual Third-Party Releases?

As many bankruptcy practitioners are aware, there is a circuit court split with respect to the allowability of non-consensual third-party releases. Notably, in the Purdue Pharma case, the United States Court of Appeals for the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Corporate Counsel, Non-Debtors

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Doing Business in California, a Totally Helpful (and Free) Resource for You!

Getting ready to return to the office in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how…more

Anti-Harassment Policies, Ban the Box, California, California Family Rights Act (CFRA), Discrimination

See all updates »

Pandemic Acceleration of Consolidation of the Health Care Industry

Almost 3 of 4 physicians are now employed by hospitals, health systems and other corporate entities (i.e., private equity firms and health insurers). According to an article published by the nonprofit Physicians Advocacy…more

Coronavirus/COVID-19, Corporate Entities, Health Care Providers, Healthcare Facilities, Hospitals

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New York State's 2024-2025 Budget: What Employers Need to Know

Lawmakers recently approved the 2024-2025 New York State budget, revising a number of laws that employers must be mindful of to ensure compliance. Specifically, these changes include: (1) the implementation of prenatal leave for…more

Coronavirus/COVID-19, New York, Non-Exempt Employees, Paid Leave, Paid Time Off (PTO)

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Illinois’ Shelter-In-Place Order Includes Exemptions, Social Distancing Requirements

On March 20, 2020, Gov. JB Pritzker announced a shelter-in-place order, issued as “Executive Order In Response to COVID-19 (COVID-19 Executive Order No. 8).” The order instructs Illinois residents currently living within the…more

Coronavirus/COVID-19, Executive Orders, Governor Pritzker, Shelter-In-Place

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SEC Stays Climate Disclosure Rules, Vows to Defend Rules in Court

On April 4, 2024, the Securities and Exchange Commission (SEC) pressed the pause button on the implementation of its recently approved climate disclosure rules for public companies until several legal challenges can be resolved…more

Carbon Emissions, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Securities and Exchange Commission (SEC)

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Enforcing Company Policies, Procedures And Performance Standards During The COVID-19 Pandemic

It seems like “business as usual” no longer exists, but while employers face an ever-growing number of new compliance issues related to COVID-19 stay-at-home orders and federal and state legislation concerning employee leave and…more

Best Practices, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Policies and Procedures

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Cannabis Companies Deemed ‘Essential’ Businesses In Some States, But Not All

Like all businesses navigating the current COVID-19 crisis, cannabis companies are eager to understand how state and local orders will impact their operations. As states issue orders requiring all but essential businesses to…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Coronavirus/COVID-19, Marijuana, Marijuana Related Businesses

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New Virginia Law Attempts to Prohibit Pay-When-Paid Clauses in Construction Contracts

Virginia has joined a small group of states that prohibit the inclusion of pay-when-paid clauses in private and public construction contracts. There are, however, some important ambiguities in the new legislation. …more

Construction Contracts, Contractors, Pay When Paid, Payment Systems, Subcontractors

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Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective…more

ABC Test, Compensation & Benefits, Department of Labor (DOL), Employee Definition, Employer Liability Issues

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Connecticut Businesses Must Offer a Retirement Savings Plan to Employees by August 31, 2023

Connecticut businesses have until August 31, 2023 to offer a retirement savings plan to employees. In 2016, the Connecticut General Assembly enacted Public Act 16-29, which created the Connecticut Retirement Security Authority…more

401k, 403(b) Plans, Connecticut, Individual Retirement Account (IRA), Payroll Deductions

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Inventorship: USPTO Guidance on AI-Assisted Inventions Underscores Importance of ‘Human Contributions’

The United States Patent and Trademark Office (USPTO) published a Federal Register Notice on Feb. 13, 2024, providing guidance on inventorship for artificial intelligence-assisted inventions. The Guidance applies to all patent…more

Artificial Intelligence, Disclosure, Federal Register, Inventions, Inventors

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Checklist For Georgia Businesses Returning To Work During The COVID-19 Public Health Crisis

On April 20, 2020, Georgia Gov. Brian Kemp detailed his plan to allow certain Georgia businesses to reopen beginning Friday, April 24, 2020. You can read Gov. Kemp’s address here. Fox Rothschild previously wrote about the scope…more

Coronavirus/COVID-19, Executive Orders, Governor Kemp, Infectious Diseases, Public Health

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Public Official’s Use of Social Media May Trigger First Amendment Scrutiny

The U.S. Supreme Court has established guidelines for determining when a public official’s use of a private social media platform such as Facebook, X or Nextdoor constitutes public speech that cannot be censored. State and…more

Censorship, First Amendment, Government Officials, Lindke v Freed, O’Connor-Ratcliff v Garnier

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SCOTUS Revives ERISA Participants’ Excessive Fee Claims Against University

The U.S. Supreme Court ruled in favor of participants in the Northwestern University retirement plans, breathing life again to their breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA). …more

Breach of Duty, Employee Benefits, Employee Retirement Income Security Act (ERISA), Excessive Fees, Fiduciary Duty

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New Jersey Finalizes Law Restricting PFAS in Firefighting Foam and Creating Take-Back Program

Last month, Governor Murphy signed a bill that affects the use of per- and polyfluoroalkyl substances (“PFAS”) in firefighting foam. The law, approved as P.L.2023, c.243 (Bill A4125 or S2712), accomplishes a few things: it (1)…more

Governor Murphy, New Jersey, New Legislation, NJDEP, PFAS

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The Anti-SLAPP Heard Round The World? The Broad Language Of The TCPA Has Lead To Unintended Consequences And Extreme Results.

The Texas Citizens Participation Act (“TCPA”), enacted in 2011, is the Texas version of an Anti-SLAPP statute, which have been enacted by over 30 states around the country to protect free speech and the right of association of…more

Anti-SLAPP, Defamation, Exxon Mobil, First Amendment, Free Speech

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North Carolina Legalizes Commercial Sports Wagering

As if the Outer Banks and a visit to the original Krispy Kreme were not enough of a draw to attract visitors to North Carolina, people will have another reason to visit the state – legalized commercial sports wagering. On June…more

Governor Cooper, Licenses, North Carolina, Sports Betting, Sports Gambling

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Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-…more

Affirmative Action, Artificial Intelligence, Best Practices, Buy American Act, China

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Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban on PFAS-Containing Products

By statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s…more

Department of Environmental Protection, Environmental Protection Agency (EPA), PFAS, Proposed Rules, State Bans

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The CFPB’s Continued Spotlight on Medical Debt Emphasizes the Importance of Proper Provider Billing

Last month, the Consumer Financial Protection Bureau (CFPB) issued its 2023 Annual Report on the Fair Debt Collection Practices Act (FDCPA), which notes the CFPB’s activities and observations related to debt collection in 2022…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Fair Credit Reporting Act (FCRA), FDCPA

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Health Care Employer FAQs On Maintaining A Drug-Free Workplace In New York City

Employers in the health care sector with any operations in New York City face new questions in light of the passage of state and city laws that protect the legal use of marijuana and limit workplace drug testing. With the…more

Decriminalization of Marijuana, Drug Testing, Drug-Free Workplace Act, Employer Liability Issues, FQHC

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EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Superfund

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I-9 Alert! New Form I-9 and New Remote Verification Procedure for E-Verify Employers

On July 21, 2023, DHS announced a new edition of Form I-9 along with a new rule permitting certain employers to conduct remote inspection of the documents used in the Form I-9 employment eligibility verification process. The…more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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The Tax Code Could Change Before Year's End: What Can Wealthy Individuals Do Now?

President Joseph Biden and the Democratic majority in Congress are working on a $3.5 trillion tax and spending package that could dramatically increase taxes on the wealthy. In addition, new proposals are being floated almost…more

Estate Tax, Gift Tax, Grantor Trusts, Irrevocable Life Insurance Trusts, Joe Biden

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Washington Supreme Court Upholds New Capital Gains Tax

The Washington Supreme Court recently issued an important decision upholding the state’s new capital gains tax. Two dissenting justices agreed with the trial court’s conclusion that the tax is unconstitutional based on 90 years…more

Capital Gains, Department of Revenue, Excise Tax, Income Taxes, Tax Liability

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The Presumption of Innocence Podcast: Episode 5 - Doing Business Overseas: The Foreign Corrupt Practices Act

Dive into the history and current state of the Foreign Corrupt Practices Act with Joseph DeMaria, a Fox Rothschild partner and former federal prosecutor, and Matthew Adams, Co-Chair of the White-Collar Criminal Defense &…more

Bribery, Corruption, Enforcement Actions, Federal Prosecutors, Foreign Corrupt Practices Act (FCPA)

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Holiday Travel With Your Children During The Pandemic May Affect Your Custody Case

Unless your specific court order prevents out-of-state travel or has other restrictions, then generally, each parent may choose to travel during the holidays even during the pandemic, whether or not the other parent agrees…more

Centers for Disease Control and Prevention (CDC), Child Custody, Coronavirus/COVID-19, Divorce, Holidays

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The Court of Chancery Rejects Claim for Veil-Piercing

In an granting a motion to dismiss a counterclaim for veil-piercing, Chancellor McCormick recently reminded litigators that “veil piercing is a tough thing to plead and a tougher thing to get.”…more

Alter Ego, Corporate Veil, Limited Liability Company (LLC), Piercing the Corporate Veil, Shareholders

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The Supreme Court’s Dobbs Ruling Creates a Variety of Significant Legal Issues

The Supreme Court of the United States held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood of…more

Abortion, Aiding and Abetting, Board of Directors, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization

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Back to the Drawing Board: Delaware Bar Proposes Legislation Limiting Effects of Moelis Ruling on Stockholders Agreements

In a lightning-fast response to the recent ruling in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co., the Delaware State Bar Association’s Council of the Corporate Law Section has proposed an amendment to the Delaware…more

Amended Legislation, Board of Directors, Corporate Governance, Delaware, Delaware General Corporation Law

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Airline Mergers: The Role of the FAA

Much has been and is being said regarding the proposed merger of Jet Blue and Spirit. Recent reports suggest that the Department of Justice will make its position known shortly. One aspect of the merger that has received…more

Airlines, Aviation Industry, Competition, Department of Transportation (DOT), Federal Aviation Administration (FAA)

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California Businesses: Complying With Shelter-In-Place Health Orders

To limit the spread of COVID-19, on March 17, 2020 at 12:01 a.m., San Francisco and six neighboring counties (Santa Clara, San Mateo, Marin, Contra Costa, Alameda, and Santa Cruz) enacted health orders requiring residents to…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Newsom, Operators of Essential Services

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Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective…more

ABC Test, Compensation & Benefits, Department of Labor (DOL), Employee Definition, Employer Liability Issues

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What North Carolina's New 'Carbon Plan' Will Mean for the State's Energy Sector

When Gov. Roy Cooper signed House Bill 951 on Oct. 13, 2021, North Carolina became the first state in the Southeast — and one of the first in the country — to authorize significant reductions in carbon dioxide emissions from the…more

Carbon Emissions, Department of Environmental Quality, Duke Energy, Governor Cooper, Public Utilities Commission

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Public Retirement Systems And The Pandemic: Part III – The Litigation Risk Of Employer Disaffiliation Or Withdrawal

The ongoing COVID-19 pandemic has presented public retirement systems with significant financial challenges that may cause some employers to attempt to disaffiliate or withdraw, leading to disputes about their ability to leave…more

Benefit Plan Sponsors, COLA, Coronavirus/COVID-19, Employee Benefits, Liability

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EEOC Issues Final Regulations on Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its final regulations for the Pregnant Workers Fairness Act (PWFA). The final rule was published in the Federal Register on April 19 and will go into effect…more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security…more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, CFIUS, China

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Fond Farewell to Retired Court of Appeals Chief Judge John Martin

It is with sadness that I report on the recent death of retired Chief Judge John Martin. He had been fighting cancer for several years and went down swinging. His funeral, held in Raleigh on April 25, 2024, was packed. Here’s…more

Appellate Courts, Judges, North Carolina

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Two Businessmen Convicted Of Bank Fraud Conspiracy For Assisting Cannabis Company With Transactions

Two businessmen have been convicted in U.S. District Court for the Southern District of New York of helping a California-based cannabis company avoid bank flags for illegal cannabis-related transactions. A New York jury found…more

Anti-Money Laundering, Bank Fraud, Cannabis Products, Code of Federal Regulations (CFR), Credit Cards

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3rd Circuit Ruling On Bar Codes Has Implications For Debt Collectors

A recent decision in the 3rd Circuit should prompt debt collectors to review their inclusion of viewable bar codes, QR codes or other technologies when sending debt collection letters. In the wake of Hunstein v. Preferred…more

Article III, Class Action, Debt Collection, Debt Collectors, FDCPA

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Midterm Round-Up: Cannabis and Psychedelics in the U.S.

Maryland and Missouri legalized cannabis in their 2022 midterm elections. They join 19 other states and the District of Columbia in allowing adults to use marijuana recreationally. Cannabis wasn’t the only drug whose…more

Cannabis Products, Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, State and Local Government

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The U.S. International Trade Commission: An Overview

The U.S. International Trade Commission is a federal agency with the authority to adjudicate cases involving companies that domestically exploit U.S. intellectual property rights and those who import allegedly infringing…more

Administrative Law Judge (ALJ), Final Determinations, Initial Determination (ID), Injunctive Relief, International Trade

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How To Patent Software And Computer-Implemented Business Methods In The US And Abroad

It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to subject…more

Abstract Ideas, Alice/Mayo, Computer-Related Inventions, European Patent Office, Inventions

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The Dealerization of America by the SEC

On Tuesday, February 6, 2024, the United States Securities and Exchange Commission promulgated final rules relating to changing the definition of dealer pursuant to the Securities Exchange Act of 1934. See SEC.gov | SEC Adopts…more

Broker-Dealer, Final Rules, Investment Adviser, Registration Requirement, Securities Act

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Texas Bans Private Employer COVID-19 Vaccine Mandates

Texas Gov. Greg Abbott signed into law on November 10 a ban on private employer COVID-19 vaccine mandates, thus prohibiting employers in the Lone Star State from requiring vaccination against COVID-19 as a condition of…more

Coronavirus/COVID-19, Employer Mandates, Governor Abbott, Independent Contractors, Texas

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Doing Business in California, a Totally Helpful (and Free) Resource for You!

Getting ready to return to the office in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how…more

Anti-Harassment Policies, Ban the Box, California, California Family Rights Act (CFRA), Discrimination

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Life After Love Gone Wrong Podcast: Season 3, Episode 7 - Invisible Scars: The Impact of Coercive Control on Children

Living with a manipulative parent who exercises coercive control can be a silent struggle for children. Dr. Christine Cocchiola, DSW, LCSW, a clinician and social work professor, joins Sandra Fava to highlight the profound…more

Abuse and Neglect, Child Abuse, Child Custody, Custody, Divorce

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Philadelphia COVID-19 Small Business Relief Fund

The City of Philadelphia has launched the Philadelphia COVID-19 Small Business Relief Fund (the Fund) with approximately $9.25 million. Outlined below are the Fund's three different grant programs to assist small businesses that…more

Coronavirus/COVID-19, Grants, Relief Measures, Small Business, State and Local Government

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North Carolina Legalizes Commercial Sports Wagering

As if the Outer Banks and a visit to the original Krispy Kreme were not enough of a draw to attract visitors to North Carolina, people will have another reason to visit the state – legalized commercial sports wagering. On June…more

Governor Cooper, Licenses, North Carolina, Sports Betting, Sports Gambling

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Minnesota’s Adult-Use Cannabis Law: Retail Sales and Cultivation Licensing

Third in a series on the Minnesota Adult-Use Cannabis Law. Read our first look at the law and our review of local control and moratoriums. Recreational use of marijuana has been legal in Minnesota for people over the age of 21…more

Agribusiness, Business Licenses, Cannabis Products, Decriminalization of Marijuana, Dispensaries

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The Lightbulb Podcast Series: Episode 1 - Patent Agents: A Career Path From the Lab to the Law Firm

Introducing “The Lightbulb,” a podcast companion to our quarterly newsletter. In each episode, members of the Fox Rothschild Intellectual Property Department will take a deep dive into different areas of the law and the…more

Intellectual Property Protection, Patent Agents, Patents

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North Carolina’s New Emergency Visitation Rules for Long-Term Care – What You Need to Do Now

All North Carolina nursing homes, combination homes, adult care homes and family care homes (LTC Facilities) must now include with their admission material the emergency visitation policy (EVP) that will be in effect when their…more

Centers for Medicare & Medicaid Services (CMS), Employee Training, Health Care Providers, Long Term Care Facilities, North Carolina

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EEOC Employee Demographic Data Collection Starts Soon: What Employers Should Know

The U.S. Equal Employment Opportunity Commission (EEOC) requires certain private employers and federal contractors to submit and certify reports concerning their workforce demographic data. This data collection, known as the…more

Binary Options, Civil Rights Act, Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC)

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Yo Ho Ho And a Bottle of . . . Oh No! Court Deep-Sixes Disney’s Motion for Summary Judgment

Appropriate for the pirate genre, citing the parties’ “dueling experts,” a District Court recently denied Disney’s motion for summary judgment in a copyright lawsuit in which the plaintiffs claimed the films in the popular…more

Copyright, Copyright Infringement, Disney, Expert Testimony, Screenplays

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The Evolving Title IX Landscape: U.S. Department of Education Releases New Notice of Proposed Rulemaking

On the 50th anniversary of the signing of the Title IX, the U.S. Department of Education proposed several noteworthy changes that provide additional protections against pregnancy discrimination, gender identity discrimination…more

Credibility, Cross Examination, Department of Education, Educational Institutions, Federal Register

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2023 Minnesota Legislative Session Employment Law Updates: What Employers Need to Know Now

The 2023 Minnesota legislative session, which ended May 22, was chock-full of critical employment law developments that will have immediate and ongoing impacts for employers in Minnesota on a variety of fronts, including paid…more

Hairstyle Discrimination, Human Rights, Lactation Accommodation, Legislative Agendas, Marijuana

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In the Boardroom With Resnick and Fuller - Episode 4

A podcast series in collaboration with PLUS, the Professional Liability Underwriting Society. Episode Four With a recession looming, learn how and why communication with stakeholders can help companies minimize legal risks…more

Compensation, Corporate Officers, Environmental Social & Governance (ESG), Recessions, Risk Assessment

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Stock Options are Not Wages Under the California Labor Code

In a win for California employers, the California Court of Appeal held that stock options are not wages. A stock option is a contractual right to buy company stock at a certain price regardless of whether the stock price…more

California, Compensation & Benefits, Corporate Counsel, Employee Benefits, State Labor Laws

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Real Estate Tax Appeals During The Pandemic – 10 Key Takeaways

As the COVID-19 pandemic continues to impact the commercial real estate market, property owners will be focusing on ways to reduce operating expenses, including real estate taxes... …more

Commercial Property Owners, Coronavirus/COVID-19, Fair Market Value, Foreclosure, Property Tax

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SEC Issues Final Climate Risk Disclosure Rules

The Securities Exchange Commission (SEC) adopted final climate risk disclosure rules on March 6, 2024, nearly two years after the controversial proposed rules generated intense interest and debate. The Enhancement and…more

Corporate Governance, Disclosure Requirements, Emerging Growth Companies, Final Rules, Financial Statements

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New Year, New Rules: Amendments To The Texas Rules Of Civil Procedure Effective As Of January 1

You have to learn the rules of the game. And then you have to play better than anyone else. – Sen. Dianne Feinstein- The Supreme Court of Texas issued an Order back in August 2020 setting forth various amendments to the…more

Dispositions, Divorce, Expert Witness, New Amendments, Rules of Civil Procedure

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New Jersey Temporary Workers’ Bill of Rights to Take Effect August 5

New Jersey’s far-reaching “Temporary Workers’ Bill of Rights” law is expected to take effect August 5 after the United States District Court for the District of New Jersey denied a staffing industry request for an injunction to…more

Employee Benefits, Equal Pay, Governor Murphy, New Jersey, Notice Requirements

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Action by Indiana Securities Division Reminds Franchisors to Watch Those Item 7 Estimated Initial Investment Numbers

The Securities Division of the Indiana Secretary of State issued a press release this week announcing that it filed an administrative complaint against Florida based Mac and Cheese Franchise Operations LLC and its parent company…more

Administrative Complaints, Franchise Agreements, Franchise Disclosure Document, Franchises, Franchisors

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COVID-19 Is Not Necessarily a Disability Under the New Jersey Law Against Discrimination

The New Jersey Superior Court, Appellate Division has issued a published decision holding that, under the facts of the particular case, COVID-19 alone is not a disability under the New Jersey Law Against Discrimination (NJLAD)…more

Appellate Courts, Coronavirus/COVID-19, Disability, New Jersey, NJLAD

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Nondisparagement Clauses May Run Afoul of New Jersey Law Against Discrimination

In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment,…more

Employment Discrimination, Harassment, NJ Supreme Court, NJLAD, Non-Disparagement Provisions

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The More Things Change, The More They Stay The Same? Survival Of Small Businesses Again Dependent On Action From Congress

Right now, a business with less than $7.5 million in debt can file an easier, cheaper, and more efficient bankruptcy than a traditional Chapter 11. That privilege will soon be limited to businesses with less than around $3…more

Bankruptcy Code, CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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Pennsylvania Department of Education Extends Special Education Eligibility to Age 22

As school districts around the Commonwealth embark on the 2023-24 school year, the Pennsylvania Department of Education (PDE) has sprung a surprise by issuing direction that local educational entities (LEAs) must now provide a…more

Department of Education, Disabilities, Free Appropriate Public Education (FAPE), Pennsylvania, Special Education

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The Lightbulb Podcast Series: Episode 1 - Patent Agents: A Career Path From the Lab to the Law Firm

Introducing “The Lightbulb,” a podcast companion to our quarterly newsletter. In each episode, members of the Fox Rothschild Intellectual Property Department will take a deep dive into different areas of the law and the…more

Intellectual Property Protection, Patent Agents, Patents

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Neglecting Corporate Formalities Leaves Contractor Businesses Exposed To Liabilities Under HICPA

The Pennsylvania Superior Court recently found an individual liable as a “contractor” under the state’s Home Improvement Consumer Protection Act (HICPA) because his “corporate” entity did not legally exist as a result of that…more

Construction Industry, Contractors, Homeowners

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AI & You: Key Considerations for a Company’s Use of Artificial Intelligence Systems

Businesses increasingly rely on technology containing Artificial Intelligence (AI) to streamline operations, enhance employee experiences and drive strategic decision-making. The integration of AI into work systems, including…more

Algorithms, Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Protection Laws, Due Diligence

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NJ Economic Recovery Package Spurs Jobs And Development With Business Tax Incentives

New Jersey businesses now have access to about $14 billion in tax incentives designed to encourage companies to create and maintain jobs, complete development and redevelopment projects, rehabilitate qualified New Jersey…more

Business Taxes, Economic Development, Governor Murphy, Incentives, Tax Incentives

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Are Cannabis “Super Centers” a Cure for the Wheezing American Mall?

Barstow, California, is located in San Bernadino County in Southern California’s Mojave Desert. The city is known for being home to the Fort Irwin National Training Center and the Marine Corps Logistics Base Barstow, two key…more

Agribusiness, Business Development, California, Cannabis-Related Businesses (CRBs), Licenses

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California Repeals FAST Act, Approves New Fast-Food Industry Regulations

California voters will no longer decide the fate of the controversial Fast Food Accountability and Standards Recovery Act (FAST Act), which was expected to significantly affect fast-food restaurants in the state, including…more

California, Collective Bargaining Agreements (CBA), Department of Industrial Relations, Fast-Food Industry, Food Service Workers

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Senate Formally Objects to the New NLRB Joint Employer Standard

If you attended this year’s IFA Annual Convention in Phoenix, you heard Senator Joe Manchin strongly support and defend the franchise business model in a speech. Late on Wednesday, Senator Manchin used his vote to back up the…more

Franchisee, Joint Employers, Labor Law Violations, Legislative Committees, NLRB

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Chapter 11 Plan Confirmed in Boxed, Inc.

On August 30, the bankruptcy court for the District of Delaware confirmed Boxed Inc.’s second amended plan of liquidation on a fully consensual basis. The plan is the result of a global settlement among the debtors, the…more

Bankruptcy Court, BlackRock, Chapter 11, Commercial Bankruptcy, Debtors

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Federal Judge in Alabama Rules Corporate Transparency Act Is Unconstitutional

A federal judge in the U.S. District Court for the Northern District of Alabama recently ruled the Corporate Transparency Act (CTA) is unconstitutional. In an opinion issued March 1, 2024, Judge Liles Burke stated that it…more

Article I, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN

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North Carolina Limits Commercial And Residential Evictions And Other Lease Remedies

North Carolina Gov. Roy Cooper issued an Executive Order on May 30, 2020, that places temporary restrictions on residential and commercial evictions for monetary defaults related to COVID-19 and extends the prohibition on…more

CARES Act, Commercial Leases, Coronavirus/COVID-19, Eviction, Executive Orders

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Executive Memo Allows Deferral Of Payroll Tax In Light Of COVID-19

Employers should weigh carefully whether to participate in the voluntary deferring of the employee portion of Social Security taxes pursuant to the executive memorandum issued by President Trump on August 8, 2020. The…more

Employer Liability Issues, IRS, Payroll Taxes, Presidential Memorandum, Social Security Taxes

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New York State's 2024-2025 Budget: What Employers Need to Know

Lawmakers recently approved the 2024-2025 New York State budget, revising a number of laws that employers must be mindful of to ensure compliance. Specifically, these changes include: (1) the implementation of prenatal leave for…more

Coronavirus/COVID-19, New York, Non-Exempt Employees, Paid Leave, Paid Time Off (PTO)

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New Executive Order Addresses Financial Risks Of Climate Change

President Biden’s recent executive order addressing climate-related financial risk highlights the need for businesses to examine and evolve their Environmental, Social and Governance (ESG) policies. On May 20, 2021,…more

Climate Change, Environmental Social & Governance (ESG), Executive Orders, Investment, Joe Biden

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What’s Next: Responding to the Silicon Valley Bank and Signature Bank Takeovers

Sunday’s joint statement by the Department of Treasury, the Federal Reserve and the Federal Deposit Insurance Corporation (FDIC) that all depositors of Silicon Valley Bank and Signature Bank of New York would have access to…more

Deposit Accounts, Electronic Payment Transactions, FDIC, Federal Reserve, Line of Credit

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Inventor Remuneration And What it Means for Companies in the Global Marketplace

In a global marketplace, understanding which laws govern an intellectual property (IP) portfolio is crucial for maximizing the value of the IP rights. However, it can be a complex endeavor for companies, especially in the…more

Compensation, Industrial Property Law, Intellectual Property Protection, Inventions, Inventors

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Washington, DC, Enacts Wage Transparency Law

Beginning June 30, 2024, Washington, D.C. employers will be required to disclose salary or hourly pay ranges and benefits information for open positions. The new law also establishes certain employee protections related to…more

Anti-Retaliation Provisions, Compensation & Benefits, Disclosure Requirements, Job Ads, Pay Transparency

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Tax Appeal Filing Deadline Approaching: Review Your Philadelphia Property Tax Assessment

If you are the owner of a commercial, industrial, retail, office, residential or other property in Philadelphia, now is the time to review the tax assessment for your property against its current market value. Today’s economy…more

Commercial Property Owners, Deadlines, Property Owners, Property Tax, Property Valuation

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Recent Cases Give Contractors an Advantage on CDA Claims Jurisdiction

Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation. Recent…more

Armed Services Board of Contract Appeals, Contract Disputes, Contract Disputes Act, Federal Contractors, Jurisdiction

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Biden Administration to Overhaul Prevailing Wage Determinations for Federally-Funded Construction Projects

The Biden Administration announced on August 8, 2023, the issuance of a final rule from the Department of Labor (DOL), Wage and Hour Division, that overhauls the prevailing wage pay requirements for construction workers working…more

Biden Administration, Construction Contracts, Construction Workers, Davis-Bacon Act, Department of Labor (DOL)

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New Adult-Use Cannabis Law Proposed in Pennsylvania

Pennsylvania once again seems to have momentum to become one of the next states to legalize cannabis for adult use. After a bipartisan bill was introduced in the commonwealth’s Senate last year, the House now has submitted an…more

Agribusiness, Cannabidiol (CBD) oil, Decriminalization of Marijuana, Discrimination, Dispensaries

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A Member of a Delaware LLC Can Withdraw Their Membership by Implied Agreement

The Court of Chancery recently concluded that a member of a Delaware LLC could reach an implied contractual agreement to withdraw as a member of the LLC, even if the LLC does not have a written operating agreement…more

Board of Directors, Contract Terms, Declaratory Judgments, Delaware, Limited Liability Company (LLC)

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Bankruptcy FAQ: Options Facing Distressed Businesses

The following are questions and answers that a distressed company considering insolvency options, including a potential bankruptcy filing, may find useful. Q: What is the difference between Chapter 11 and Chapter 7…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7, Commercial Bankruptcy

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Washington Supreme Court Upholds New Capital Gains Tax

The Washington Supreme Court recently issued an important decision upholding the state’s new capital gains tax. Two dissenting justices agreed with the trial court’s conclusion that the tax is unconstitutional based on 90 years…more

Capital Gains, Department of Revenue, Excise Tax, Income Taxes, Tax Liability

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Escalating concerns about pet custody in divorce/separation

As more and more couples are disputing pet custody issues when divorcing or separating, there is increasing concern in the legal community about how to fairly adjudicate these disputes, without unnecessarily burdening the…more

Arbitration, Custody, Divorce, Joint Ownership, Pets

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Texas Appellate Court Upholds Contractor’s Arbitration Clause

Businesses often utilize arbitration clauses in their contracts to avoid the alleged “uncertainty” of a trial, with the goal of achieving a faster and more cost-efficient resolution. A recent holding by the Texas 13th Court of…more

Appeals, Appellate Courts, Arbitration, Mandatory Arbitration, Texas

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New Jersey Passes Affordable Housing Law

New Jersey is ushering in a new era of state affordable housing guidelines. The New Jersey Assembly and Senate recently passed affordable housing legislation and Gov. Phil Murphy has signed it into law. For New Jersey…more

Affordable Housing, Governor Murphy, Municipalities, New Jersey, New Legislation

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FCA Enforcement Remains Fixed on Healthcare and Cybersecurity

On February 22, 2024, the U.S. Department of Justice (“DOJ”) released its Fiscal Year 2023 False Claims Act (“FCA”) statistics showing recoveries of almost $2.7 billion. Last year’s recoveries exceeded 2022’s $2.2 billion but…more

Coronavirus/COVID-19, Cyber Crimes, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA)

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Purchasing Co-ops: Procurement Law Compliance Implications For Pennsylvania Schools

In certain situations, cooperative purchasing programs can provide an efficient, cost-effective procurement option for budget-conscious Pennsylvania school districts, but only if careful consideration is given to applicable…more

Construction Industry, Cooperative Agreements, Educational Institutions, Pennsylvania, Prevailing Wages

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FTC Tramples Fake Reviews

Retailers often use product reviews to supplement advertising and drive sales. Such use has become more prevalent as sales shift from brick and mortar stores to internet sales, where splattering a webpage with purported product…more

Fake Reviews, Federal Trade Commission (FTC), Internet Retailers, Online Reviews, Retailers

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Supreme Court Unanimously Affirms Enablement Requirement in Closely Watched Amgen-Sanofi Case

In a much-anticipated ruling issued on May 18, the U.S. Supreme Court unanimously affirmed the U.S. Court of Appeals for the Federal Circuit’s reading of the longstanding enablement requirement of U.S. patent law in the context…more

Inventions, Patent Act, Patent Applications, Patent Litigation, Patents

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Stateside Pilot Program Will Issue H-1B Visa Stamps From Within the US

On January 29, 2024, the U.S. Department of State (DOS) will begin accepting online H-1B visa stamp applications at this web address for a limited number of qualifying applicants to receive H-1B visa stamps from within the U.S…more

Electronic Filing, H-1B, Pilot Programs, Required Documentation, US Department of State

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Employers Using Restrictive Covenants Face Greater Risk Come the New Year!

Employers who sign employees up to noncompetition agreements or other restrictive covenants or seek to enforce the agreements — even when employees enter into the agreements outside California in a state where the restrictions…more

Attorney's Fees, California, Damages, Employer Liability Issues, Non-Compete Agreements

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Illinois Expands Paid and Unpaid Leave Time

Governor JB Pritzker has dedicated his administration to expanding the rights and protections of employees. Many of these changes place significant compliance requirements on employers, and being non-compliant risks hefty fines…more

Bereavement Leave, Family and Medical Leave Act (FMLA), Governor Pritzker, Illinois, State Labor Laws

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USDA Releases Interim Hemp Production Regulations

The United States Department of Agriculture recently released interim hemp production regulations that lay the groundwork for legal hemp cultivation. The interim regulations, outlined below, tackle state and federal hemp…more

Agricultural Sector, Comment Period, Farm Bill, Hemp, Interim Rule

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In Case You Missed It: New OIG General Compliance Program Guidance

On November 6, 2023, the HHS Office of Inspector General published a new compilation of compliance guidance under the title General Compliance Program Guidance (GCPG) for the healthcare compliance community and other health care…more

Anti-Kickback Statute, Chief Compliance Officers, Compliance, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA)

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NJ Expands Its Role As Leader In eSports

The New Jersey eSports industry has leveled-up again. In a memorandum of understanding with Stockton University, the New Jersey Economic Development Authority (NJEDA) recently supported the creation of an eSports Innovation…more

eSports, Funding, New Jersey, Sports Betting, Technical Programs

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NJ Appellate Court Upholds $1.3 Million Judgment For Title Company In Fraud Action

Based on proof that a seller had presented a forged discharge of an existing, recorded lien at the time of sale, a New Jersey appellate court has affirmed a judgment of $1.3 million plus prejudgment interest in favor of a title…more

Fraud, Fraudulent Inducement, Misrepresentation, Mortgages, Title Companies

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Proving Consent Was Not Informed Is Not So Easy For Medical Malpractice Plaintiffs

Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent. The Hauser v. Brookview Women’s Center court affirmed the trial court’s instruction on…more

Appellate Courts, Consent, Evidence, Health Care Providers, Informed Consent

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Pervasive Family Law Themes in Reality TV Part I

I can lie and pretend to watch educational series, all law dramas, during my limited free time between work and two little kids, but I will be honest and tell you that reality TV runs on repeat between my husband’s sports (or…more

Child Custody, Divorce, Equitable Distribution, Former Spouse, Marital Assets

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Court Concludes that “Good Cause” for Termination Includes More than Items Listed in Statute

On May 11, 2023, the federal district court in Rapid City, South Dakota, concluded that the South Dakota motor vehicle dealer law did not provide an exclusive list of “good cause” franchise terminations. Eddie’s Truck Center,…more

Contract Termination, Contract Terms, Dormant Commerce Clause, Exclusivity, Franchise Agreements

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Public Official’s Use of Social Media May Trigger First Amendment Scrutiny

The U.S. Supreme Court has established guidelines for determining when a public official’s use of a private social media platform such as Facebook, X or Nextdoor constitutes public speech that cannot be censored. State and…more

Censorship, First Amendment, Government Officials, Lindke v Freed, O’Connor-Ratcliff v Garnier

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The PPP Loan Process: How To Fix Mistakes Before It Is Too Late

Paycheck Protection Program (PPP) loans were designed to help small businesses cover explicit allowable expenses during the COVID-19 pandemic. There are various eligibility requirements that businesses must satisfy before…more

Business Expenses, CARES Act, China, Civil Liability, Coronavirus/COVID-19

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California Supreme Court Decision in ‘Naranjo’ Creates New Obligations for Employers

The California Supreme Court on May 23, 2022, released its decision in Naranjo v. Spectrum Security Services, Inc., and, in doing so, placed additional obligations on California’s already burdened employers…more

CA Supreme Court, Employer Liability Issues, Prejudgment Interest, Premium Pay, Rest and Meal Break

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Are Gate-keeper Provisions in Chapter 11 Confirmation Orders a Stopgap for Nonconsensual Third-Party Releases?

As many bankruptcy practitioners are aware, there is a circuit court split with respect to the allowability of non-consensual third-party releases. Notably, in the Purdue Pharma case, the United States Court of Appeals for the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Corporate Counsel, Non-Debtors

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NC Dental Board Proposes Second Version of Anesthesia and Sedation Rule Changes

Following several patient deaths in connection with sedation procedures, the North Carolina State Board of Dental Examiners (“Dental Board”) in January 2022 published a series of proposed changes to its dental sedation…more

Dental Practice, Dentists, North Carolina, Proposed Rules, Recordkeeping Requirements

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NY Is First State to Mandate LLC Ownership Disclosures

New York has finalized its own set of disclosure requirements on limited liability companies, or LLCs, similar to those mandated by the federal Corporate Transparency Act (CTA). This makes New York the first state to impose…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Limited Liability Company (LLC), New York

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North Carolina Paves The Way For Remote Depositions: Some Practical Considerations

Buried within North Carolina’s omnibus pandemic aid legislation signed into law on May 4, 2020 is a new statute that temporarily allows notaries to administer oaths remotely. This paves the way for conducting fully remote…more

Coronavirus/COVID-19, Remote Notarization, Remote Working, Videoconference

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Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-…more

Affirmative Action, Artificial Intelligence, Best Practices, Buy American Act, China

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Colorado Halts Commercial And Residential Evictions

Colorado Governor Jared Polis issued an Executive Order on April 30 that temporarily prohibits the filing of eviction actions and the execution of eviction-related judgments, and bars landlords from charging late fees or…more

Coronavirus/COVID-19, Eviction, Executive Orders, Governor Polis, Landlords

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California Expands Review Of PFOS, PFOA To Include Cancer Risk

The California Office of Environmental Health Hazard Assessment (OEHHA) is expanding its review of potential substances to add to its Proposition 65 list of chemicals that cause cancer. Earlier this year, the state…more

California, Cancer, Centers for Disease Control and Prevention (CDC), OEHHA, PFAS

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The European Unitary Patent System Is Coming: You Should Consider Opting Out For Now

European patent practice will change when the European Unitary Patent (UP) and Unified Patent Court (UPC) enter into force on June 1, 2023. The new system will impact both pending European applications and granted European…more

EU, European Patent Office, Patent Applications, Patents, Unified Patent Court

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Israeli Tax Authority Imposes ‘Capital Declaration’ Reporting Requirement On Trusts

For the first time since Israel began taxing trusts, the Israeli Tax Authority (ITA) has sent inquiries to some trusts seeking a declaration of worldwide assets and liabilities as of December 31, 2019. We have heard that this…more

Beneficiaries, Capital Investments, Creditors, Debtors, Declaration

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IRS Audits To Resume On July 15

High income individuals, private foundations, high net worth non-filers, non-filing tax preparers and licensed professionals involved with conservation easements or micro-captives all have something to “look forward to” while…more

Audits, Internal Revenue Code (IRC), IRS, U.S. Treasury

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Patent Litigation Funding: What You Need to Know

Enforcing a patent can be expensive and time consuming. Patent litigation funding, also known as patent litigation financing, is one way patent owners can protect their rights without incurring the unwanted expense of…more

Attorney-Client Privilege, Cease and Desist, Financing, Non-Disclosure Agreement, Patent Litigation

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NC Court Rules Business Interruption Insurance Policies Cover Pandemic Losses

Back at the start of the pandemic, this Blog took a brief look at how the anticipated flood of business interruption insurance claims might play out under North Carolina Law: These cases are now winding their way through…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry, Insurance Litigation

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Risk Factor Considerations In The Time Of COVID-19

In Quarterly Reports on Form 10-Q, companies are required to disclose any material changes to risk factors that were included in their most recent Annual Report on Form 10-K. Many companies do not update risk factors in their…more

Compliance, Cybersecurity, Financial Markets, Quarterly Report, Risk Factors

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DEA Wants to Reclassify Marijuana as a Lower-Risk Drug

In a development that has been a long time in coming, the U.S. Drug Enforcement Agency (DEA) wants to accept the recommendation of the U.S. Department Health and Human Services and reschedule marijuana from Schedule I to…more

Administrative Law Judge (ALJ), DEA, Department of Health and Human Services (HHS), Financial Institutions, Marijuana Related Businesses

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New Virginia Law Attempts to Prohibit Pay-When-Paid Clauses in Construction Contracts

Virginia has joined a small group of states that prohibit the inclusion of pay-when-paid clauses in private and public construction contracts. There are, however, some important ambiguities in the new legislation. …more

Construction Contracts, Contractors, Pay When Paid, Payment Systems, Subcontractors

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Checklist For Georgia Businesses Returning To Work During The COVID-19 Public Health Crisis

On April 20, 2020, Georgia Gov. Brian Kemp detailed his plan to allow certain Georgia businesses to reopen beginning Friday, April 24, 2020. You can read Gov. Kemp’s address here. Fox Rothschild previously wrote about the scope…more

Coronavirus/COVID-19, Executive Orders, Governor Kemp, Infectious Diseases, Public Health

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The EEOC’s Enforcement Guidance on Harassment in the Workplace: What Employers Need to Know

The EEOC recently released its final Enforcement Guidance on Harassment in the Workplace, replacing earlier guidance issued between 1987 and 1999. The guidance, issued on April 29, 2024, reflects how the EEOC’s interpretation…more

Anti-Harassment Policies, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Hostile Environment

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Updated: Navigating Washington State Employment And Leave Laws During The COVID-19 Pandemic

The recent COVID-19 outbreak poses numerous challenges for employers, including how to navigate the already complex requirements imposed by Washington state’s various employment and leave laws. Below we address some of the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Governor Inslee, High Risk Covid Employees, Notice Requirements

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ESG Essentials: What You Need To Know Now - Episode 12 - A Swinging Pendulum: Taking Stock of ESG and DOL Changes in Retirement Plans

Our ESG podcast series features short episodes covering core ESG concepts. Each podcast explores important issues for businesses that are concerned with developing and deploying an ESG profile, responding to increased scrutiny…more

Environmental Social & Governance (ESG)

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Cha-Ching: USPTO Proposes Increases in Patent Fees

The U.S. Patent and Trademark Office (USPTO) has proposed a significant increase in patent fees, including the implementation of entirely new fees and revamped fee structures. The USPTO has indicated that the fee proposal is…more

Continuous Applications, Filing Fees, Information Disclosure Statement, Patent Applications, Patent Filings

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Illinois Expands Paid and Unpaid Leave Time

Governor JB Pritzker has dedicated his administration to expanding the rights and protections of employees. Many of these changes place significant compliance requirements on employers, and being non-compliant risks hefty fines…more

Bereavement Leave, Family and Medical Leave Act (FMLA), Governor Pritzker, Illinois, State Labor Laws

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Force Majeure In Construction’s New World Of COVID-19

The government and market response to the COVID-19 pandemic is presenting novel and difficult legal issues and challenges across all industries. In construction in particular, with projects of all types and sizes at risk,…more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19, Federal Acquisition Regulations (FAR)

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Vermont Legalizes Sports Wagering and Fantasy Sports Contests: What You Need To Know

Vermont Governor Phil Scott recently signed into law H. 127, legalizing online sports wagering and fantasy sports contests in the state. Online sports wagering is expected to start no later than January 2024. Under the law,…more

Fantasy Sports, Governor Scott, Licenses, Online Gaming, Registration Requirement

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Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-…more

Affirmative Action, Artificial Intelligence, Best Practices, Buy American Act, China

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IRS Announces 2023 Cost-of-Living Adjustments for Qualified Retirement Plans

As inflation and expectations of further interest rate increases by the Federal Reserve continue to challenge the U.S. economy, a silver lining of sorts is the opportunity to save at record levels, on a tax-deferred basis. In…more

401k, Consumer Price Index, Contribution Limits, Cost-of-Living Adjustment (COLA), Employee Benefits

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Cookies and Online Merchants: What Can We Learn From California Lawsuits

New lawsuits that were recently filed in California echo some of the “cookie” conversations my colleagues and I have been having with online merchants and retail clients…more

California, Cookies, Customers, Federal Trade Commission (FTC), Online Marketplace

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No, Your Case Isn’t Special–There’s a New Fourth Circuit Form.

If you have had a case tentatively calendared for oral argument in the Fourth Circuit recently, then you likely received a notice to submit a specific form indicating whether you are aware of any cases currently pending in the…more

Appellate Courts, NC Supreme Court, North Carolina, Oral Argument

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Inventorship: USPTO Guidance on AI-Assisted Inventions Underscores Importance of ‘Human Contributions’

The United States Patent and Trademark Office (USPTO) published a Federal Register Notice on Feb. 13, 2024, providing guidance on inventorship for artificial intelligence-assisted inventions. The Guidance applies to all patent…more

Artificial Intelligence, Disclosure, Federal Register, Inventions, Inventors

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Interest Rate Hikes Present Challenge for Fully Funded Pension Plans

After years of historically low interest rates (which results in larger lump sum pension amounts), there have been significant interest rate increases during 2022. Prospects for 2023 are for more of the same. While many…more

Employee Benefits, Excise Tax, Individual Retirement Account (IRA), Interest Rates, Lump Sum Payments

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New Jersey Cannabis Regulatory Commission Launches Application Process for Recreational-Use Businesses

New Jersey’s Cannabis Regulatory Commission (CRC) held a public meeting on November 9, 2021 and released the 2021 Personal Use (Recreational) Notice of Application. As announced at the meeting, the CRC will begin accepting…more

Cannabis Products, Marijuana, Marijuana Cultivation, New Jersey, Recreational Use

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California Closes Tax Loophole That Shielded Out-of-State ‘ING’ Trusts

Earlier this week, California Gov. Gavin Newsom signed into law a retroactive tax on so-called “INGs” — Incomplete Gift Non-Grantor Trusts. Note that the law, which is retroactive to Jan. 1, 2023, has some limitations in its…more

Capital Gains Tax, Gift Tax, Governor Newsom, Grantor Trusts, Qualified Small Business Stock

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California’s Climate Accountability Package: What You Need To Know

California Governor Gavin Newsom recently signed into law two core bills of the state's “Climate Accountability Package, Senate Bill 253 (SB 253) and Senate Bill 261 (SB 261). As they currently stand, these laws impose…more

California, CARB, Disclosure Requirements, Governance Standards, Governor Newsom

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The Presumption of Innocence Podcast: Episode 32 - Celebrating Women’s History Month With WWCDA’s Global Chair and Co-Founder

The Women’s White Collar Defense Association is an integral force in the world of white-collar law. It personifies the theme of this year’s Women’s History Month: “Women Who Advocate for Equity, Diversity and Inclusion.”…more

Criminal Prosecution, Defense Strategies, Diversity, Diversity and Inclusion Standards (D&I), Risk Management

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Top 5 Facts about your Premarital Assets and Liabilities Under Pennsylvania Law

Whether you are getting married or divorced, it is helpful to understand what will happen to the assets and liabilities that you have or had at the time of marriage. This is because assets and liabilities that you have before…more

Bank Accounts, Debt, Divorce, Equitable Distribution, Marital Assets

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New York’s Adult Use Cannabis Law: Embracing Labor Peace Agreements

New York’s industry-altering Marijuana Regulation and Taxation Act includes an apparent mandate that cannabis retailers enter into, maintain and adhere to a “Labor Peace Agreement” with a labor union in order to legally grow,…more

Cannabis-Related Businesses (CRBs), Marijuana, Marijuana Regulation & Taxation Act (MRTA), New York, NLRA

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Testing Your Patience: EEOC Revises COVID Testing Guidelines

While many now refer to the COVID-19 pandemic as a thing of the past, it is anything but gone. At the time this post was drafted, positive COVID cases in California are averaging 20,000 per day, face masks are still prevalent,…more

Cal-OSHA, Coronavirus/COVID-19, DFEH, Equal Employment Opportunity Commission (EEOC), Guidance Update

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How COVID-19 Is Impacting Commercial Contracts In NJ

Disrupted supply chains and state-mandated closures caused by the COVID-19 pandemic are forcing New Jersey businesses to evaluate existing contracts to determine whether they may be entitled to any relief. Most commercial…more

Breach of Contract, Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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ADA Final Rule Introduces Technical Standards for Compliant Website and App Design

Website accessibility under the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act has been a subject of much litigation for private entities. Recent changes applying to public entities may give a…more

Americans with Disabilities Act (ADA), California, Department of Justice (DOJ), Public Accommodation, Title II

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NY — Mayor de Blasio Issues Executive Order Tolling New York City’s Land Use Review Process

New York City Mayor Bill de Blasio has effectively suspended the city's land use review process. Mayor de Blasio issued Emergency Executive Order No. 98 on March 12, 2020, declaring a state of emergency in the City of New…more

Coronavirus/COVID-19, Land-Use Permits, State of Emergency

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The More Things Change, The More They Stay The Same? Survival Of Small Businesses Again Dependent On Action From Congress

Right now, a business with less than $7.5 million in debt can file an easier, cheaper, and more efficient bankruptcy than a traditional Chapter 11. That privilege will soon be limited to businesses with less than around $3…more

Bankruptcy Code, CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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Delaware Court Decision Poses New Liability Risks for Corporate Officers

A recent Delaware Court of Chancery decision exposes corporate officers to significant liability for breach of fiduciary duties and indicates a trend in Delaware courts in which it is now possible for plaintiffs to assert and…more

Breach of Duty, Corporate Officers, Duty of Care, Fiduciary Duty, Personal Liability

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New Adult-Use Cannabis Law Proposed in Pennsylvania

Pennsylvania once again seems to have momentum to become one of the next states to legalize cannabis for adult use. After a bipartisan bill was introduced in the commonwealth’s Senate last year, the House now has submitted an…more

Agribusiness, Cannabidiol (CBD) oil, Decriminalization of Marijuana, Discrimination, Dispensaries

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Ohio Legislature Passes Sports Betting Bill: What You Need to Know

After months of negotiations, the Ohio Legislature recently passed HB 29 to legalize and regulate sports betting. Passed on December 8, 2021, the bill is now headed to the desk of Ohio Governor Mike DeWine, who previously opined…more

Casinos, eSports, Governor DeWine, Licenses, Online Gaming

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USPTO Now Masking Email Addresses In Trademark Filings

The U.S. Patent and Trademark Office (USPTO) has addressed a privacy concern that arose in February just as new trademark filing rules were set to take effect. As outlined in our prior alert, the revised Examination Guide…more

Electronic Filing, Email, Trademark Electronic Application System (TEAS), Trademarks, USPTO

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Maryland's Proposed Cannabis Bill Considers Social Equity, On-Site Consumption

Maryland lawmakers are considering legislation that would regulate medical and recreational cannabis in the state. Here are a few takeaways from Senate Bill 516: •Emphasis on Social Equity: Within the Alcohol, Tobacco, and…more

Blackout Rules, Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Maryland

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The Lightbulb Podcast Series: Episode 2 - Safeguarding Intellectual Property in the Legalized Cannabis Industry

What options for intellectual property protection are available to companies operating in the cannabis sector, and how are they affected by marijuana’s status as a controlled substance at the federal level? Listen as Jon…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Copyright, Intellectual Property Protection, Patents

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New York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial Completion

New York has made changes to its Prompt Payment Act (N.Y. Gen. Bus. Law §756) Legislation, which Gov. Kathy Hochul signed into law on November 17, 2023, provides that: • retainage on private construction projects is capped at…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Final Payments

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What to Do If the Port of Baltimore Closure Is Impacting Your Government Contract

In the wake of the tragic Francis Scott Key Bridge collapse, businesses that rely on the Port of Baltimore (“Port”) are grappling with impacts to their contracts and supply chains. The Port suspended waterway traffic until…more

Best Practices, Contract Terms, Contractors, Documentation, Extensions

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ERC Voluntary Disclosure Deadline Rapidly Approaching on March 22

The March 22 deadline for applying to the IRS Voluntary Disclosure Program (VDP) to repay improperly claimed Employee Retention Credits (ERC) at a discount is just around the corner. The VDP requires businesses to repay only…more

Audits, CARES Act, Coronavirus/COVID-19, Employee Retention, Installment Agreements

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Helpful Changes to NC Appellate E-filing Site: “Upcoming Oral Arguments” Banner

I wrote a few days ago about some practitioners experiencing problems with overzealous spam filters catching important notices from our appellate courts. To be clear, this is a user-side issue, not a problem with the appellate…more

Appellate Courts, Information Technology, North Carolina, Oral Argument

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Rise in Trademark Fraud Scams Requires Additional Vigilance By Attorneys and Clients Alike

A record number of applicants are seeking to protect their trademarks by filing applications with the United States Patent and Trademark Office (USPTO). The problem? The rise in trademark applications has left open the doors to…more

Fraud, Intellectual Property Protection, Risk Management, Scams, Trademark Application

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What’s Next: Responding to the Silicon Valley Bank and Signature Bank Takeovers

Sunday’s joint statement by the Department of Treasury, the Federal Reserve and the Federal Deposit Insurance Corporation (FDIC) that all depositors of Silicon Valley Bank and Signature Bank of New York would have access to…more

Deposit Accounts, Electronic Payment Transactions, FDIC, Federal Reserve, Line of Credit

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SBA Issues Affiliation Rules For Paycheck Protection Program

The Small Business Administration (SBA) issued guidance on April 3, 2020, about Affiliation Rules applicable to the U.S. Small Business Administration Paycheck Protection Program (PPP), part of the Coronavirus Aid, Relief and…more

Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA, Small Business, Small Business Loans

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Who Is Paying? NJ Federal Court Orders Disclosure Of Third-Party Litigation Financing

The United States District Court for the District of New Jersey recently amended Rule 7.1.1 of the Local Civil Rules to require parties that use third-party litigation financing to file a disclosure statement (the Amended…more

Corporate Counsel, Disclosure Requirements, Discovery, Litigation Funding, Third-Party

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Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-…more

Affirmative Action, Artificial Intelligence, Best Practices, Buy American Act, China

See all updates »

Be Prepared for Your Divorce Series: Part IV – Do You Need Experts?

One of the first things that you and your attorney will assess is whether you need any experts for your divorce case. There are many types of experts that can be employed in a divorce case, and your case may only need one, or…more

Child Custody, Divorce, Equitable Distribution, Expert Testimony, Expert Witness

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Who Is Paying? NJ Federal Court Orders Disclosure Of Third-Party Litigation Financing

The United States District Court for the District of New Jersey recently amended Rule 7.1.1 of the Local Civil Rules to require parties that use third-party litigation financing to file a disclosure statement (the Amended…more

Corporate Counsel, Disclosure Requirements, Discovery, Litigation Funding, Third-Party

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Court of Chancery Dismisses Claims Against McDonald’s Corp. Directors

The Court of Chancery recently dismissed claims for breach of fiduciary duty, breach of the duty of oversight, and waste against the board of directors of McDonald’s Corporation. In In re McDonald’s Corp. Stockholder Derivative…more

Board of Directors, Breach of Duty, Equal Employment Opportunity Commission (EEOC), Fiduciary Duty, McDonalds

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Can Inventions Created Using Artificial Intelligence Be Patented?

Artificial intelligence exists on a wide-ranging spectrum. On one end, grammar and spell check can detect and correct grammatical errors and typos in written text. On an opposite end, generative artificial intelligence such as…more

Artificial Intelligence, Inventions, Patents, Pharmaceutical Industry, Popular

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Comprehensive Federal Privacy Bill May Open Backdoor for HIPAA Private Right of Action

The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission, states,…more

Consumer Privacy Rights, Data Privacy, Enforcement, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA)

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Smart Employees Use Their Vacation Time: Third Circuit Holds PTO Is Not Part Of Exempt Employees’ Salaries Under the FLSA

In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part of an exempt employee’s salary under the federal Fair Labor Standards…more

Accrued Benefits, Collective Actions, Exempt-Employees, Fair Labor Standards Act (FLSA), Fringe Benefits

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Pennsylvania Expands Scope of Discrimination Protections: What You Need to Know - UPDATED August 2023

New regulations that substantially expand protections against discrimination in employment, education, public accommodations and housing in Pennsylvania will take effect on Aug. 16, 2023. On December 8, 2022, the Independent…more

Employment Discrimination, Housing Discrimination, Pennsylvania, Public Accommodation, Sex Discrimination

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Veterinary Medicine, Pet Products And Cannabis

As a veterinarian, if a pet-owner comes to you with questions or concerns about the safety of hemp or CBD infused pet products, are you prepared to navigate the conversation? Practicing veterinarians are subject to the…more

Animal Drugs, Animal Health, Cannabidiol (CBD) oil, Cannabis Products, DEA

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Procedural Considerations in Defending Title Insurers Against Extracontractual Claims in Washington State

Bad faith, Insurance Fair Conduct Act (IFCA) and Consumer Protection Act (CPA) litigation continues to proliferate in Washington State, including litigation pertaining to title insurance claims. The stakes could not be higher…more

ALTA, Consumer Protection Act, IFCA, Insurance Claims, Insurance Litigation

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One Appraiser Goes to Prison, Another Goes Home: What to Expect from the IRS

Most appraisers don’t go to prison, and those that do, don’t go for appraising. So it’s no wonder why much has been made of the one-year prison sentence recently handed down to Walter Roberts II, an appraiser who pleaded guilty…more

Appraisers, Conservation Easements, False Documentation, False Statements, IRS

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NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote

In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They can…more

College Athletes, Colleges, Employees, NCAA, NLRA

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Prove it! Lessons learned from recent N.C. Business Court rulings on fee petitions. 

Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or statute, and fees must be “reasonable.”…more

Attorney's Fees, Billing Rates, Business Court, Documentation, Fee Reductions

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New California Law Eases Indemnification Duties For Design Professionals

California has enacted a new law limiting indemnification obligations, including the duty and cost to defend, that can be imposed on design professionals with respect to all service contracts. The measure, which takes…more

Contract Drafting, Design Professionals, Indemnification

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Recent Progress Report Issued by EPA Foreshadows Landmark Year for Federal Regulation of PFAS

Soon after the Biden Administration took office, the United States Environmental Protection Agency (“EPA”) issued a Strategic Roadmap highlighting the many ways it planned to “research, restrict, and remediate” per-and…more

CERCLA, Drinking Water, Environmental Protection Agency (EPA), PFAS, Safe Drinking Water Act

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PA Supreme Court Ruling Reshapes How Asbestos Liabilities Are Apportioned

A recent Pennsylvania Supreme Court decision holds that, in strict liability asbestos cases, damages are now to be split per capita among defendants, while bankruptcy trusts may be included on the verdict sheet to bring more…more

Asbestos, Asbestos Litigation, Fair Share Law, PA Supreme Court, Strict Liability

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Ransomware Attacks Against Healthcare Providers Continue to Increase

The systems healthcare providers use to provide safe and reliable patient care, and their confidential patient information, provide attractive targets for hackers using ransomware to extort payment…more

Bitcoin, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

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Proposed Amendments To False Claims Act Would Tilt The Playing Field

A bipartisan bill introduced this summer would impact residential and behavioral health facilities and other health care providers sued under the federal False Claims Act (FCA), making defense of these actions more expensive and…more

Assisted Living Facilities (ALFs), Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Facilities

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Florida Noncompete Agreements: When Are Trade Secrets Protected Under Florida Non-Compete Agreements?

Florida Statute § 542.335 lists five legitimate business interests which are protected through non-compete agreements. First on the list is trade secrets which includes information such as formulas, patterns, compilations,…more

Confidential Information, Florida, Non-Compete Agreements, Trade Secrets, Uniform Commercial Code (UCC)

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COVID19: The Coming Layoffs, Furloughs And The Airline Industry

These are anxious days for in-house counsel and HR managers for airlines and other aviation entities. Consumer demand is rising, but Cares Act funding is running out in September, and the COVID-19 pandemic continues to wreak…more

Airlines, Coronavirus/COVID-19, Furloughs, Layoffs, Unions

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Prove it! Lessons learned from recent N.C. Business Court rulings on fee petitions. 

Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or statute, and fees must be “reasonable.”…more

Attorney's Fees, Billing Rates, Business Court, Documentation, Fee Reductions

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The Lightbulb Podcast Series: Episode 1 - Patent Agents: A Career Path From the Lab to the Law Firm

Introducing “The Lightbulb,” a podcast companion to our quarterly newsletter. In each episode, members of the Fox Rothschild Intellectual Property Department will take a deep dive into different areas of the law and the…more

Intellectual Property Protection, Patent Agents, Patents

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Capital Gains and Dividend Income Tax Rates Scheduled to Increase in 2013: Added Impact of New Medicare Contribution Tax

Unless Congress can act decisively before the end of this year, the marginal federal income tax rates will increase for taxable years beginning on or after January 1, 2013. While the House and Senate had passed separate versions…more

3.8% Medicare Tax, Capital Gains, Fiscal Cliff

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Attorneys Beware: The Risks of Failing to Comply with the “Wet Signature” Requirement for Declarations in Some Jurisdictions – Cabardo v. Patacsil (Bankr. E.D. Cal. 2023) – a Case Study

Judge Frederick E. Clement of the United States Bankruptcy Court for the Eastern District of California recently held that affidavits with a computer-generated signature are insufficient and hold no evidentiary value pursuant to…more

Affidavits, Bankruptcy Court, Documentation, E-Signatures, Evidentiary Standards

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What to Do If the Port of Baltimore Closure Is Impacting Your Government Contract

In the wake of the tragic Francis Scott Key Bridge collapse, businesses that rely on the Port of Baltimore (“Port”) are grappling with impacts to their contracts and supply chains. The Port suspended waterway traffic until…more

Best Practices, Contract Terms, Contractors, Documentation, Extensions

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Updated 2023– Who Does What: Broker Dealers | Registered Investment Advisers | Commodities/Futures Entities

I. Starting a Broker-Dealer- Becoming an owner of a broker-dealer (BD) is a time-consuming and expensive endeavor. Although the United States Securities and Exchange Commission (SEC) requires BD registration pursuant to the…more

Application Fees, Broker-Dealer, Commodities, Commodity Trading Advisors (CTAs), CPOs

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The Presumption of Innocence Podcast: Episode 35 - A Double-Edged Sword? The DOJ Confronts AI

Like all new technologies, AI isn’t naturally good or bad. But it can be used by people motivated to do terrible — and possibly criminal — things. That’s the view of Mark McCreary, our Chief Artificial Intelligence &…more

Artificial Intelligence, Corporate Crimes, Criminal Prosecution, Emerging Technology Companies, White Collar Crimes

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Understanding the Correct LGBTQIA+ Terms Is Critical to Workplace DEI Efforts

Using the correct terminology isn’t just about being “woke.” It is about creating an inclusive workplace where everyone feels respected. And getting it wrong, or not paying close enough attention to those in the workplace who…more

Diversity and Inclusion Standards (D&I), Gender Identity, LGBTQ, Sexual Orientation, Transgender

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Pennsylvania Expands Scope of Discrimination Protections: What You Need to Know - UPDATED August 2023

New regulations that substantially expand protections against discrimination in employment, education, public accommodations and housing in Pennsylvania will take effect on Aug. 16, 2023. On December 8, 2022, the Independent…more

Employment Discrimination, Housing Discrimination, Pennsylvania, Public Accommodation, Sex Discrimination

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Federal Reserve Board Revamps Its Main Street Lending Program

On April 30, 2020, the Federal Reserve Board of Governors issued revised term sheets for its Main Street Lending Program, which is not yet operational. The Main Street Lending Program was authorized by the Coronavirus Economic…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, SBA

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The FAA & Remote ID of Drones . . . Now There Are Consequences!

This is the week the FAA’s Remote ID requirement for drones went into full effect in the United States. “Wait a minute . . .” I can hear you saying. “The Remote ID rules went into effect back in September last year, didn’t…more

Drones, Federal Aviation Administration (FAA), Self-Identification, Unmanned Aircraft Systems

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FAST Act Shrapnel: AB 1228 redefines the franchise relationship

The FAST Act is in limbo pending the outcome of a California ballot repeal initiative. Undaunted, the Legislature has excised key provisions of that Act and positioned them for separate enactment as AB 1228, introduced by…more

Fast-Food Industry, Franchise Agreements, Franchises, Franchisors, Legislative Agendas

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Building and Construction Industry Exemption to Withdrawal Liability May Apply Narrowly

A recent decision from the Southern District of New York reveals that courts may be inclined in some withdrawal liability cases to narrowly apply the building and construction industry exemption based on the nature and location…more

Arbitration Awards, Collective Bargaining, Construction Industry, Contractors, Employer Contributions

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Employers Beware

An employer can be liable for the actions of its employees, even if committed outside the course and scope of the employment. The two causes of action are negligent hiring and negligent retention. The principle difference…more

Background Checks, Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Job Applicants

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More Projects Added to OFCCP’s Mega Construction Project Program

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on April 25, 2024 its designation of 16 additional federal construction projects to participate in the Mega Construction Project Program…more

Affirmative Action, Construction Contracts, Construction Industry, Construction Project, Department of Labor (DOL)

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USPTO Debuts New Trademark Search System

On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with a…more

Brand, Corporate Counsel, Trademark Registration, Trademark Searches, Trademarks

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SBA Issues PPP Loan Forgiveness Application And Instructions

On May 15, 2020, the Small Business Administration (SBA) released the Paycheck Protection Program (PPP) Loan Forgiveness Application, offering some clarity, for now, on how loan forgiveness will work in practice..…more

FTEs, Loan Forgiveness, Paycheck Protection Program (PPP), SBA, Small Business

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New Department of Labor Rule Expands Definition of Employee Representative During an OSHA Inspection

A new rule clarifying who is permitted to accompany an OSHA Compliance Safety and Health Officer (CSHO) during an inspection of an employer’s facility will go into effect on May 31, 2024. In issuing the “Worker Walk Around…more

Department of Labor (DOL), Employee Representatives, Inspections, New Regulations, OSHA

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Partnerships And S Corporations Exempted From Limits On State And Local Tax Deduction

The IRS intends to issue proposed regulations to permit a partnership or an S corporation to deduct specified income tax payments made to a domestic state or local jurisdiction. In Notice 2020-75, the IRS clarifies that state…more

Income Taxes, IRS, Partnerships, Property Tax, S-Corporation

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Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-…more

Affirmative Action, Artificial Intelligence, Best Practices, Buy American Act, China

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What level of “reasonable due diligence” is actually required under Section 547(b) and does it really matter?

As bankruptcy attorneys who often defend clients in preference avoidance actions, we were pleased with the 547(b) amendments, effective as of February 20, 2020, requiring a trustee to conduct some level of due diligence into…more

Bankruptcy Court, Bankruptcy Preferences, Bankruptcy Trustees, Debtors, Due Diligence

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SECURE 2.0: A Summary of Key Changes Impacting Employer-Provided Retirement Plans

President Biden is expected to sign the 2023 Consolidated Appropriations Act (CAA) this week. The law, which passed the House and Senate on Dec. 23 and Dec. 22, respectively, contains significant changes to employer-provided…more

401k, 403(b) Plans, Consolidated Appropriations Act (CAA), Contribution Limits, Corporate Counsel

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Delaware Supreme Court Relaxes Notarization Requirements

With a few notable exceptions, the Delaware Supreme Court has relaxed the requirement for notarization of most documents filed in the Delaware state courts. The order suspends any state court requirement for a sworn,…more

Coronavirus/COVID-19, Electronic Notarization Standard, Governor Carney, Public Health, Remote Working

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Washington Supreme Court Upholds New Capital Gains Tax

The Washington Supreme Court recently issued an important decision upholding the state’s new capital gains tax. Two dissenting justices agreed with the trial court’s conclusion that the tax is unconstitutional based on 90 years…more

Capital Gains, Department of Revenue, Excise Tax, Income Taxes, Tax Liability

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Navigating A Virtual Due Process Hearing During The Pandemic

Since the Office of Special Education Programs has not suspended the requirements of the Individuals with Disabilities Education Act during the mandatory school closures, the Office of Dispute Resolution is holding all due…more

Business Closures, Coronavirus/COVID-19, Due Process, education, Virtual Meetings

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US Supreme Court to Review Non-willful FBAR Penalty

The U.S. Supreme Court has agreed to resolve a dispute concerning the maximum applicable penalty for non-willful violations of the foreign bank account reporting statute. The Ninth and Fifth circuit courts are split on whether a…more

Bank Secrecy Act, FBAR, Foreign Banks, Foreign Financial Accounts, Reporting Requirements

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NC Revives Emergency Remote Notarization, Enacts Permanent Law to Debut in 2023

At the onset of the pandemic, North Carolina passed a law allowing emergency remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom). This emergency law had a built-in sunset of August 1, 2020, since the…more

Coronavirus/COVID-19, Governor Cooper, Information and Communication Technology (ICT), North Carolina, Remote Notarization

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ESG Essentials: What You Need To Know Now - Episode 13 - Sustainable Ethos Litigation: Aspiration or Inaction?

ESG-related consumer protection class actions are an increasing trend in federal courts. Maureen Mitchell, a partner in Fox Rothschild’s Environmental Litigation Practice, joins podcast host David Colvin, Co-Chair of the…more

Consumer Protection Laws, Environmental Social & Governance (ESG)

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A Guide To Assessment Changes In Pennsylvania’s Act 13 Of 2020

School districts are required under a new Pennsylvania law to implement extensive assessment and evaluation methodologies to evaluate professional employees, including permanent and temporary classroom teachers, non-teachers and…more

Assessment, Collective Bargaining, Educational Institutions, Governor Wolf, School Districts

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Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-…more

Affirmative Action, Artificial Intelligence, Best Practices, Buy American Act, China

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The Justice Department’s New Corporate Resolution Policy: An End To ‘Piling On’?

Deputy Attorney General Rod Rosenstein unveiled a new Justice Department policy for resolving major corporate investigations last month at a speech to the New York City Bar White Collar Crime Institute. The new policy…more

Bribery, Compliance, Corporate Misconduct, Department of Justice (DOJ), White Collar Crimes

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New Complex Case Procedures in the Southern District of Texas

Effective January 1, 2023, the procedures for filing complex cases in the Southern District of Texas changed. The courts have made the procedures specific and detailed. Below are some of the highlights of the new rules…more

Complex Litigation, Debtors, Liability, Mediation, Remote Hearings

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At Stake - November 2020

The Illinois Gaming Board held its webinar-based monthly meeting on November 17, 2020. Members present included Chairman Schmadeke, Member Hayden and Member Garcia. Member Ramirez was not present. The meeting began with the…more

Casinos, Gambling, Online Gaming, Sports, Sports Betting

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The California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA Standing

On July 17, 2023, the California Supreme Court delivered its highly anticipated response to the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), clarifying the effect of…more

Arbitration Agreements, CA Supreme Court, Class Action, Federal Arbitration Act, Labor Code

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At Stake - April 2024

Before delving into the exciting Illinois Gaming Board meeting, we wanted to remind those who may be interested that the IGB is seeking public comments and proposals for a potential video gaming rulemaking. The rule could allow…more

Casinos, Gambling, Gaming, Illinois, Licenses

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U.S. Supreme Court Loosens the Clean Water Act’s Grip on Wetlands

The U.S. Supreme Court recently issued an important decision that restricts the jurisdictions of the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (USACE) over wetlands. Background- In Sackett v…more

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

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Top Five Considerations When Pivoting To Meet Demand For COVID-19 Related Supplies

Faced with unprecedented commercial challenges that threaten their continued survival, many businesses have demonstrated their resilience by pivoting to pursue commercial opportunities that did not exist just weeks ago, such as…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Medical Devices, Medical Supplies, Personal Protective Equipment

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The Corporate Transparency Act’s Effects on Nonprofits

The Corporate Transparency Act (CTA), a new federal financial reporting law that will take effect on Jan. 1, 2024, is a hot topic in the corporate world these days. However, nonprofits also need to be aware of the law, which may…more

Beneficial Owner, Charitable Trusts, Corporate Transparency Act, FinCEN, Homeowners Association (HOA)

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The Presumption of Innocence Podcast: Episode 27 - Blazing Trails: Cannabis Law in the Garden State

Pull back the curtain on New Jersey’s cannabis market with Fruqan Mouzon, who played a pivotal role in helping to write the 2021 law legalizing recreational use of cannabis in the Garden State – the New Jersey Cannabis…more

Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Related Businesses, New Jersey

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Appellate Division Defines The Elements A Movant Must Present In Order To Demonstrate A Prima Facie Case Of Cohabitation

Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided long awaited and…more

Alimony, Appellate Courts, Cohabitation, Discovery, Support Modification

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Executive Order Signals Heighted Scrutiny Of Noncompete And Nonsolicitation Provisions

Employers who use noncompete or nonsolicitation provisions should expect to see an increase in antitrust regulation and possibly civil litigation in light of President Biden’s recent Executive Order on Promoting Competition in…more

Executive Orders, Joe Biden, Non-Compete Agreements, Restrictive Covenants

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Seven Things To Consider When An Employee Refuses To Return to Work

Employers in many jurisdictions are gradually reopening or formulating plans to do so while managing numerous financial and personnel challenges. One such challenge involves healthy employees who refuse to return to work despite…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, NLRA, OSHA

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California Closes Tax Loophole That Shielded Out-of-State ‘ING’ Trusts

Earlier this week, California Gov. Gavin Newsom signed into law a retroactive tax on so-called “INGs” — Incomplete Gift Non-Grantor Trusts. Note that the law, which is retroactive to Jan. 1, 2023, has some limitations in its…more

Capital Gains Tax, Gift Tax, Governor Newsom, Grantor Trusts, Qualified Small Business Stock

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FTC Bans Virtually All Employment-Based Noncompete Agreements, Business Groups Seeking Injunction

In a rare public meeting, the Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to approve a final regulatory rule (Final Rule) which bans virtually all preexisting and future noncompete agreements with very few…more

Confidentiality Agreements, Federal Bans, Federal Trade Commission (FTC), Final Rules, Franchises

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AI Talk With Juliana Neelbauer: Third-Party Risk Management and Legal Perspective

Assessing generative AI risks now – especially those involving third parties – can protect businesses from compliance problems down the road. Juliana Neelbauer, a member of our Artificial Intelligence Practice, is joined by…more

Algorithms, Artificial Intelligence, Cybersecurity, Data Privacy, Data Protection

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Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-Ordinary

Petitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those petitions should contain. Under Rule 21(c),…more

Appeals, Appellate Courts, Extraordinary Circumstances Exception, Failure To Preserve, North Carolina

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Real Estate Tax Appeals During The Pandemic – 10 Key Takeaways

As the COVID-19 pandemic continues to impact the commercial real estate market, property owners will be focusing on ways to reduce operating expenses, including real estate taxes... …more

Commercial Property Owners, Coronavirus/COVID-19, Fair Market Value, Foreclosure, Property Tax

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Delaware Legalizes Recreational Cannabis: What You Need To Know

The "First State" recently became the 22nd in the nation to legalize recreational marijuana. The Delaware General Assembly in March, passed two bills related to the legalization of marijuana. House Bill 1 regulates the legal…more

Agribusiness, Business Licenses, Competitive Bidding, Delaware, Marijuana

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Trademark And Brand Protection: Don’t Miss An Opportunity To “Trade Dress” For The Part

Most businesses are familiar with the concept of trademarking a word, logo, or slogan that serves as a unique identifier of their goods or services. After all, those are the markers that first come to mind when you think about a…more

Acquired Distinctiveness, Brand, Intellectual Property Protection, Trade Dress, Trademark Registration

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Business Websites Face Unexpected Wave of Class Action Lawsuits

A recent string of lawsuits filed against large companies including a major movie studio, a professional sports league, CNN, HuffingtonPost.com, ESPN and Buzzfeed have returned the federal Video Privacy Protection Act (VPPA) –…more

BuzzFeed, Class Action, ESPN, Google, Internet Streaming

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Homebuilders' Victory in Pennsylvania Could Have Implications in Other States

Good news for homebuilders in Pennsylvania. The Pennsylvania Superior Court earlier this month affirmed a trial court order that awarded judgment on the pleadings in favor of the builder and dismissing the homeowners’ complaint…more

Breach of Warranty, Construction Defects, Homeowners, Occupancy, Prejudice

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Can Inventions Created Using Artificial Intelligence Be Patented?

Artificial intelligence exists on a wide-ranging spectrum. On one end, grammar and spell check can detect and correct grammatical errors and typos in written text. On an opposite end, generative artificial intelligence such as…more

Artificial Intelligence, Inventions, Patents, Pharmaceutical Industry, Popular

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Supreme Court Unanimously Affirms Enablement Requirement in Closely Watched Amgen-Sanofi Case

In a much-anticipated ruling issued on May 18, the U.S. Supreme Court unanimously affirmed the U.S. Court of Appeals for the Federal Circuit’s reading of the longstanding enablement requirement of U.S. patent law in the context…more

Inventions, Patent Act, Patent Applications, Patent Litigation, Patents

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Overview of Some Changes in the Inflation Reduction Act of 2022

President Joe Biden signed the Inflation Reduction Act of 2022 (the “IRA”) into law on Aug. 16, 2022, resulting in significant changes to the Internal Revenue Code. An overview of a few of the changes is below…more

Alternative Minimum Tax, Energy Tax Incentives, Excise Tax, Foreign Tax Credits, Inflation Reduction Act (IRA)

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Keep Out: NLRB Allows Further Restrictions Of Union Access To Employers’ Property

In a June 14, 2019 decision, the National Labor Relations Board clarified whether an employer may limit nonemployee union organizers from entering the employer’s private property. UPMC and SEIU, 368 NLRB No. 2. In doing so, the…more

Access to Employer Facilities, NLRB, Union Organizers, Union Representatives, Unions

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Medical Plan Surcharge for COVID-19 Unvaccinated - Checklist for Plan Sponsors

A medical plan surcharge for the COVID-19 unvaccinated is workable, but complex. To implement such a surcharge, plan sponsors need to make sure they take several steps. Here is a handy checklist... …more

Benefit Plan Sponsors, Coronavirus/COVID-19, Employee Retirement Income Security Act (ERISA), Health Insurance Portability and Accountability Act (HIPAA), Surcharges

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The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by Chapter 11 Debtors in Accordance with the Unconstitutional Fee Hike Under the United States Trustee Program is an Appropriate Remedy

On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the United States Trustee should refund overpayments…more

Appellate Courts, Certiorari, Chapter 11, Debtors, Disparate Treatment

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Smart Employees Use Their Vacation Time: Third Circuit Holds PTO Is Not Part Of Exempt Employees’ Salaries Under the FLSA

In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part of an exempt employee’s salary under the federal Fair Labor Standards…more

Accrued Benefits, Collective Actions, Exempt-Employees, Fair Labor Standards Act (FLSA), Fringe Benefits

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Easing Path To Loan Forgiveness, ‘Flex Act’ Modifies Paycheck Protection Program

On June 3, 2020, the Senate unanimously approved H.R., 7010, the Paycheck Protection Program Flexibility Act of 2020, or Flex Act, modifying certain provisions of the CARES Act relating to loan forgiveness under the Paycheck…more

Borrowers, CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP)

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Texas Appellate Court Upholds Contractor’s Arbitration Clause

Businesses often utilize arbitration clauses in their contracts to avoid the alleged “uncertainty” of a trial, with the goal of achieving a faster and more cost-efficient resolution. A recent holding by the Texas 13th Court of…more

Appeals, Appellate Courts, Arbitration, Mandatory Arbitration, Texas

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What level of “reasonable due diligence” is actually required under Section 547(b) and does it really matter?

As bankruptcy attorneys who often defend clients in preference avoidance actions, we were pleased with the 547(b) amendments, effective as of February 20, 2020, requiring a trustee to conduct some level of due diligence into…more

Bankruptcy Court, Bankruptcy Preferences, Bankruptcy Trustees, Debtors, Due Diligence

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Wage Statement Violations – Court Recognizes Good-Faith Dispute Defense

Good news – employers may now argue that wage statement errors were not “willful” as a defense to wage statement claims. Not everything from Naranjo v. Spectrum Security Services, Inc. was bad…more

Good Faith, Premium Pay, Wage and Hour, Wage Statements

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NAD Reiterates Health Claim Guidance

The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s (FTC)…more

Advertising, Better Business Bureau, Federal Trade Commission (FTC), Marketing, NAD

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House Bill Aims To Encourage Public Offerings

In an effort to facilitate capital formation, the SEC's Division of Corporation Finance expanded its nonpublic review process to permit all companies to submit draft registration statements relating to an initial public offering…more

Corp Fin, Emerging Growth Companies, Initial Public Offering (IPO), JOBS Act, Securities Act of 1933

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The California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA Standing

On July 17, 2023, the California Supreme Court delivered its highly anticipated response to the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), clarifying the effect of…more

Arbitration Agreements, CA Supreme Court, Class Action, Federal Arbitration Act, Labor Code

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New Jersey Passes Affordable Housing Law

New Jersey is ushering in a new era of state affordable housing guidelines. The New Jersey Assembly and Senate recently passed affordable housing legislation and Gov. Phil Murphy has signed it into law. For New Jersey…more

Affordable Housing, Governor Murphy, Municipalities, New Jersey, New Legislation

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FTC and OCR Issue Joint Website Tracking Warning Letter

If you are involved with any health information, even if you are not covered by HIPAA, you should be aware of the government’s recent position that there may be serious privacy and serious risks with use of online tracking…more

American Hospital Association, Breach Notification Rule, Cybersecurity, Data Privacy, Data Protection

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New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions

In a case of first impression, the New Jersey Appellate Division has finally formally recognized the enforceability of pay-if-paid clauses in New Jersey, so long as those clauses clearly and unambiguously establish a condition…more

Appellate Courts, Construction Contracts, Contractors, New Jersey, Pay if Paid

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Fifth Circuit Vacates EPA’s Orders Regulating PFAS under Significant New Use Rule

The Fifth Circuit issued a decision vacating two EPA orders directing Inhance Technologies (Inhance) to close its barrier technology facilities. As its basis for issuing the orders, EPA had identified Inhance’s fluorination…more

Environmental Policies, Environmental Protection Agency (EPA), PFAS, SNUR, Toxic Chemicals

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What’s Next: Responding to the Silicon Valley Bank and Signature Bank Takeovers

Sunday’s joint statement by the Department of Treasury, the Federal Reserve and the Federal Deposit Insurance Corporation (FDIC) that all depositors of Silicon Valley Bank and Signature Bank of New York would have access to…more

Deposit Accounts, Electronic Payment Transactions, FDIC, Federal Reserve, Line of Credit

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Insurance Update: Emerging Legislation, Litigation Related To COVID-19

We wrote previously on the general application of business interruption and related insurance coverages in the current COVID-19 epidemic. We update that piece here to address existing and emerging litigation and legislative…more

Business Interruption, Coronavirus/COVID-19, Insurance Industry, Policy Terms

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New Jersey Assembly Bill 1425/Senate Bill 3233 Enacted, Ensuring Reforms Performance And Maintenance Guarantee Requirements

Assembly Bill 1425/Senate Bill 3233, which was signed into law on January 15, modifies the requirements for furnishing performance and maintenance guarantees under the Municipal Land Use Law and modifies the current limitations…more

Municipalities, Real Estate Development, Urban Planning & Development

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Doing Business in California: A Guide for Employers - 2023

The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique challenges…more

Age Discrimination, Anti-Harassment Policies, Bereavement Leave, California, California Family Rights Act (CFRA)

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City Of Philadelphia Allows Some Construction To Resume

On May 1, 2020, the City of Philadelphia allowed certain construction projects to resume. By an Executive Order signed April 29, 2020, the City announced that the following categories of projects were permitted to resume…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Executive Orders, Workplace Safety

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Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-…more

Affirmative Action, Artificial Intelligence, Best Practices, Buy American Act, China

See all updates »

Time To Start Labeling Manufactured Cannabis Products (Edibles) In Compliance With California Regulations

On July 1, 2018, California’s Cannabis “transition period” ended for manufactured cannabis products (i.e., edibles). All manufactured cannabis products must now meet California’s (very) specific labeling and packaging…more

Marijuana, Marijuana-Infused Edibles, Product Labels, Product Packaging

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Procrastination Has Consequences: How Waiting Until the Last Minute to Renew Their SAM Registration Cost a Contractor Millions

The Government Accountability Office (“GAO”) recently sustained a protest of a contract award because the winning contractor failed to maintain their System for Award Management (“SAM”) registration from the date their proposal…more

Bid Protests, Federal Acquisition Regulations (FAR), Federal Contractors, GAO, Registration Requirement

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NYC Employers Must Display, Distribute New Workers’ Rights Poster

New York City employers will soon need to post and otherwise distribute a new Worker’s Rights poster. The new poster, recently released by The New York City Department of Consumer and Worker Protections, includes a QR code that…more

Employee Rights, New York, Posting Requirements, State Labor Laws, Wage and Hour

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Updates to State Law Have Implications for Washington Nonprofits

With 2022 under way, nonprofits incorporated in Washington should familiarize themselves with the newly updated Washington Nonprofit Corporation Act to determine whether updates to their articles, bylaws or general practices are…more

Board of Directors, Charitable Organizations, Governor Inslee, Internal Revenue Code (IRC), IRS

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California Joins Jurisdictions Across the Country Taking Aim at ‘Junk Fees’

New legal requirements in California and across the country will soon change the way businesses, in particular restaurants, must operate as the government seeks to eliminate the practice of “drip pricing” – i.e., advertising a…more

California, Excessive Fees, Goods or Services, Hospitality Industry, Hotels

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Philadelphia Employers Must Offer Commuter Transit Benefits

Philadelphia Mayor Jim Kenney signed into law an Ordinance that requires certain employers to offer a commuter transit benefit program to eligible employees. The Ordinance, entitled “Employee Commuter Transit Benefit Programs,”…more

Commuting, Employee Benefits, Fringe Benefits, Local Ordinance, Wage and Hour

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Seattle Extends Moratorium On Evictions For Small Businesses; Washington State Blocks New Commercial Rent Hikes

Emphasizing that the COVID-19 pandemic remains a public health emergency that continues to have an economic impact on the city, Seattle Mayor Jenny Durkan issued an Executive Order to extend orders from March that prohibit…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Extensions

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6 Takeaways from Memorial Hermann HIPAA Settlement: Press Releases Lead to $2.4 Million Payout

On April 26, 2017, Memorial Hermann Health System (“MHHS”) agreed to pay the U.S. Department of Health and Human Services (“HHS”) $2.4 million to settle potential violations of the Health Insurance Portability and Accountability…more

Covered Entities, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI

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North Carolina Paves The Way For Remote Depositions: Some Practical Considerations

Buried within North Carolina’s omnibus pandemic aid legislation signed into law on May 4, 2020 is a new statute that temporarily allows notaries to administer oaths remotely. This paves the way for conducting fully remote…more

Coronavirus/COVID-19, Remote Notarization, Remote Working, Videoconference

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Doing Business in California, a Totally Helpful (and Free) Resource for You!

Getting ready to return to the office in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how…more

Anti-Harassment Policies, Ban the Box, California, California Family Rights Act (CFRA), Discrimination

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State and Local Tax Implications of Having Hybrid and Remote Employees

The number of hybrid and remote employees has greatly increased since the onset of the pandemic. As of February 2022, 39% of remote-capable employees were fully remote, 42% were hybrid and only 19% were fully on-site, according…more

Employer Liability Issues, Income Taxes, Local Taxes, Nexus, Out-of-State Employees

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In the Boardroom With Resnick and Fuller - Episode 4

A podcast series in collaboration with PLUS, the Professional Liability Underwriting Society. Episode Four With a recession looming, learn how and why communication with stakeholders can help companies minimize legal risks…more

Compensation, Corporate Officers, Environmental Social & Governance (ESG), Recessions, Risk Assessment

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New York State's 2024-2025 Budget: What Employers Need to Know

Lawmakers recently approved the 2024-2025 New York State budget, revising a number of laws that employers must be mindful of to ensure compliance. Specifically, these changes include: (1) the implementation of prenatal leave for…more

Coronavirus/COVID-19, New York, Non-Exempt Employees, Paid Leave, Paid Time Off (PTO)

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Discharge Injunction Violations – Ignorance And Good Faith Are NOT A Defense

In the recent decision of Taggart v. Lorenzen, the Supreme Court held that a court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Discharge Order, Civil Contempt Orders, Creditors, Dischargeable Debts

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When Discovery Goes Off Track, can a Pro Se Party Right the Course?

When discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt the sanctions sure to follow will be severe. …more

Appellate Courts, Attorney's Fees, Business Court, Discovery, Document Productions

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Private Practice Can Mean Job Safety For Physicians

More and more physicians are opting to leave private practice (or to skip it altogether) for the perceived job security and hopefully steady paycheck of hospital employment. According to a study conducted by the American…more

American Medical Association, Closely Held Businesses, Health Care Providers, Healthcare, Hospitals

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State and Federal PFAS Litigation – 2019 to Q1 2024

PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the first quarter of 2024. We will continue to update these graphics on a quarterly basis…more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

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NIL Lawsuit Serves as Cautionary Tale for College Athletes

Former Florida Gators star defensive lineman and current Chicago Bears rookie Gervon Dexter recently filed a federal lawsuit to void his agreement with name, image and likeness (NIL) group, Big League Advance. The lawsuit…more

College Athletes, Compensation, Contract Terms, Name and Likeness, NCAA

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New Jersey Opens Up For Business – Slowly

On May 13, 2020, New Jersey Gov, Phil Murphy issued Executive Order No. 142 and began the process of reopening the state. Referencing Centers for Disease Control and Prevention (CDC) recommendations regarding social…more

Centers for Disease Control and Prevention (CDC), Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Murphy

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DOJ Formalizes Framework for Corporate Cooperation Credit

The Department of Justice (DOJ) announced a new voluntary self-disclosure policy February 22, 2023, that sets uniform criteria for how and when prosecutors should reward corporate cooperation in criminal investigations. The new…more

Corporate Counsel, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ), Investigations

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More Projects Added to OFCCP’s Mega Construction Project Program

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on April 25, 2024 its designation of 16 additional federal construction projects to participate in the Mega Construction Project Program…more

Affirmative Action, Construction Contracts, Construction Industry, Construction Project, Department of Labor (DOL)

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COVID-19 Fraud Enforcement Task Force Cracks Down on Pandemic-Related Fraud

In May 2021, Attorney General Merrick Garland announced the creation of the COVID-19 Fraud Enforcement Task Force. The Task Force is comprised of more than a dozen federal agencies that are investigating and prosecuting…more

Coronavirus/COVID-19, Department of Labor (DOL), False Billing, Federal Agency Taskforce, Federal Funding

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An Eventful Year: 2020 Homebuilding Industry Trends

All sectors of the construction industry have faced unique challenges in 2020, but none has been more significantly impacted than homebuilding. Widespread protests in urban areas, historically cheap financing for single-family…more

Condominiums, Construction Industry, Mobile Homes, Mortgages, Real Estate Development

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What the EEOC's Pay Data Collection Study Tells Us About Future Data Collection Efforts and Litigation Targets

The Equal Employment Opportunity Commission (EEOC) recently announced the results of a study by the National Academies of Sciences, Engineering, and Medicine (National Academies) based on the EEOC’s pay data collection, which…more

Anti-Discrimination Policies, Data Collection, Equal Employment Opportunity Commission (EEOC), Information Reports, National Academy of Sciences (NAS)

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New Mandatory Reporting for Vast Majority of Businesses Starts in January 2024

In less than two weeks, on January 1, 2024, the Corporate Transparency Act (CTA) will become effective. This new law is one of the most wide-reaching and disruptive pieces of legislation affecting businesses that has been…more

Anti-Money Laundering, Beneficial Owner, Business Formation, CEOs, Civil Monetary Penalty

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Houston Methodist Hospital Loses 153 Employees Over Mandatory COVID-19 Vaccination Policy

Approximately ten days after the first federal court decision in the country about mandatory-COVID-19 vaccinations by an employer, Bridges v. Houston Methodist Hospital (the “Hospital”), 153 of the Hospital’s employees were…more

At-Will Employment, Code of Federal Regulations (CFR), Coronavirus/COVID-19, Employer Mandates, Equal Employment Opportunity Commission (EEOC)

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CA Authorizes Cities And Counties To Halt Evictions

The State of California has authorized cities and counties to enact broad measures to place moratoriums on evictions for non-payment of rent as a result of the COVID-19 emergency. Gov. Gavin Newsom issued an executive order…more

Coronavirus/COVID-19, CPUC, Eviction, Executive Orders, Foreclosure

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Patent Litigation Funding: What You Need to Know

Enforcing a patent can be expensive and time consuming. Patent litigation funding, also known as patent litigation financing, is one way patent owners can protect their rights without incurring the unwanted expense of…more

Attorney-Client Privilege, Cease and Desist, Financing, Non-Disclosure Agreement, Patent Litigation

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SBA Updates Guidance, Sets Application Date For Grants Aiding Shuttered Venues, Talent Representatives

The Small Business Administration (SBA) has announced that it expects to open the application process for the Shuttered Venue Operators Grant (SVOG) program on April 8, making it critical for qualified entities to review federal…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Federal Grants, Paycheck Protection Program (PPP), Public Venues

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Delaware Court Decision Poses New Liability Risks for Corporate Officers

A recent Delaware Court of Chancery decision exposes corporate officers to significant liability for breach of fiduciary duties and indicates a trend in Delaware courts in which it is now possible for plaintiffs to assert and…more

Breach of Duty, Corporate Officers, Duty of Care, Fiduciary Duty, Personal Liability

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Masks Now Mandatory In North Carolina: What Businesses Need To Know

North Carolina businesses take note: face coverings (i.e., masks) are now required. That means all North Carolinians should review and understand the new statewide face covering requirements, implemented by Executive Order…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Governor Cooper, Health and Safety

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Tax Changes On the Horizon: What To Expect In Federal Estate, Gift And Generation-Skipping Transfer Taxes

Since July 2016, there have only been incremental changes to the federal estate, gift and generation-skipping transfer taxes and related income tax rules, and to the Washington estate tax rules…more

Estate Tax, Estate-Tax Exemption, Gift Tax, GST, Income Taxes

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FTC Proposes Broad Rule Banning Non-Compete Covenants with Physicians and Other Healthcare Workers

On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (“NPRM”) which would broadly prohibit companies from entering into or enforcing non-competition agreements or clauses (also…more

Employment Contract, Federal Trade Commission (FTC), FTC Act, Health Care Providers, Healthcare Workers

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Assignments for the Benefit of Creditors – an often-overlooked state law alternative to Chapter 7 bankruptcy

For some folks the three letters ABC are a reminder of elementary school and singing a song to learn the alphabet. For others, it is a throw back to the early 70’s when the Jackson Five and its lead singer Michael, still with…more

Assignment of Benefits (AOB), Bankruptcy Code, Chapter 7, Commercial Bankruptcy, Creditors

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DOL Proposed Rule Moves Revised Employee/Independent Contractor Classification Framework Forward

On October 13, 2022, a new proposed rule promulgated by the U.S. Department of Labor (the “DOL”) in connection with the classification of employees and independent contractors will be published in the Federal Register and on the…more

Department of Labor (DOL), Economic Realities Test, Employer Liability Issues, Federal Register, Fines

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OSHA Guidance Directs Employers To Record Certain COVID-19 Cases

Revised enforcement guidance from the Occupational Health and Safety Administration (OSHA) directs employers to record when certain employees contract COVID-19. This is a change from April guidance that did not require employers…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, OSHA, Policies and Procedures, Reporting Requirements

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PADEP Proposes Key PFAS Amendments to Act 2 Regulations

On March 12, 2024, the Pennsylvania Environmental Quality Board (EQB) approved the Pennsylvania Department of Environmental Protection’s (PADEP) proposal to amend the Land Recycling and Remediation Standards Act regulations…more

Clean-Up Costs, Department of Environmental Quality, Environmental Protection Agency (EPA), Pennsylvania, PFAS

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Supreme Court: Government Agencies Can Be Liable Under FCRA for Credit Reporting Errors

The U.S. Supreme Court has ruled that federal government agencies can be held liable under the Fair Credit Reporting Act when they fail to investigate or correct inaccurate information furnished to credit reporting agencies…more

Consumer Information, Consumer Reporting Agencies, Consumer Reports, Credit Ratings, Department of Agriculture Rural Development Rural Housing Service v Kirtz

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Just in Time for Halloween: Has the Specter of Viar Returned?

Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried.” …more

Appellate Briefs, Appellate Courts, Dismissals, North Carolina, Notice of Appeal

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Illinois Expands Paid and Unpaid Leave Time

Governor JB Pritzker has dedicated his administration to expanding the rights and protections of employees. Many of these changes place significant compliance requirements on employers, and being non-compliant risks hefty fines…more

Bereavement Leave, Family and Medical Leave Act (FMLA), Governor Pritzker, Illinois, State Labor Laws

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Minnesota Regulatory Update

Sahan Journal reports, after discussion with the Minnesota Office of Cannabis Management, that the “preliminary rules are expected to be published at the end of 2024, followed by a 30-day public comment period. Then, the office…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana Cultivation

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Does The Defense Production Act Shield Manufacturers From Patent Infringement Risk?

An Executive Order from President Trump that referred to the Defense Production Act has some manufacturers asking: are we now shielded from patent infringement liability if we produce otherwise-patented protective equipment and…more

Coronavirus/COVID-19, Defense Production Act, Executive Orders, Federal Contractors, Medical Devices

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DOE’s New Q&A On Campus Sexual Misconduct Increases Flexibility For Schools

Announcing several significant policy changes in the handling of sexual misconduct on college campuses, the U.S. Department of Education has published a new Q&A that replaces guidance issued by the Obama administration. The…more

Colleges, Dear Colleague Letter, Department of Education, Educational Institutions, Sexual Assault

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Fair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences

On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing to comply with Board discovery…more

Adverse Action, Discovery, Failure to Comply, Privileged Documents, Trademark Trial and Appeal Board

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The Immigration Impact of the “Unionized” Foreign Athlete

The traditional concept of the student/athlete continues to evolve. Recently, the Dartmouth College men’s basketball team voted to unionize. In the not-too-distant past, the NCAA permitted college athletes to be paid for their…more

F-1 Visa, Foreign Students, Immigration Procedures, Name and Likeness, NCAA

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Is The First Cannabis Patent Lawsuit At Risk Of Failing Because It Covers A Product Of Nature Only?

On July 30, 2018, United Cannabis Corporation (“UCNN”) filed a lawsuit in Federal District Court in Colorado against Pure Hemp Collective Inc. (“Pure Hemp”) alleging that Pure Hemp infringed U.S. Patent No. 9,730,911 (“the ‘911…more

Intellectual Property Protection, Marijuana, Patents, Section 101

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Updated 2023– Who Does What: Broker Dealers | Registered Investment Advisers | Commodities/Futures Entities

I. Starting a Broker-Dealer- Becoming an owner of a broker-dealer (BD) is a time-consuming and expensive endeavor. Although the United States Securities and Exchange Commission (SEC) requires BD registration pursuant to the…more

Application Fees, Broker-Dealer, Commodities, Commodity Trading Advisors (CTAs), CPOs

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National Survey on Restrictive Covenants - Updated 2023

As many know, restrictive covenant law is in a constant state of flux and varies considerably from state to state. Moreover, restrictive covenant law changes frequently and often requires a fact-specific analysis. Over the last…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Human Resources Professionals

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The EEOC Obtains a Settlement in its Artificial Intelligence Class Action

We previously reported here on the U.S. Equal Employment Opportunity Commission’s (EEOC) lawsuit alleging that a group of affiliated employers engaged in age discrimination through the use of artificial intelligence technology…more

ADEA, Artificial Intelligence, Automated Decision Systems (ADS), Class Action, Employment Discrimination

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Schools Must Revisit Rules About Off-Campus Speech In Light Of Supreme Court Ruling

The U.S. Supreme Court left many unanswered questions in its recent decision about the power of schools to punish a student’s off-color, off-campus speech. Although the justices ruled in favor of the student, they left the door…more

Disciplinary Proceedings, First Amendment, Mahanoy Area School District v B.L., Public Schools, SCOTUS

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USPTO Offers Expedited Review Of Trademarks For COVID-19 Products And Services

The U.S. Patent Trademark Office is now accepting petitions to advance the initial examination of applications for trademarks used to identify certain medical products and services that help prevent, diagnose, treat or cure…more

Coronavirus/COVID-19, Patents, Pharmaceutical Industry, Trademarks, USPTO

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ABC Amends Its Complaint Challenging Dol’s Changes To DBRA Regulations

Last week a Texas federal judge ordered the U.S. Department of Labor (DOL) to respond to an amended complaint seeking to block the Biden Administration’s new regulations under the Davis-Bacon and Related Acts (DBRA) filed by the…more

Anti-Retaliation Provisions, Davis-Bacon Act, Department of Labor (DOL), Federal Acquisition Regulations (FAR), Federal Contractors

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Latest Franchise Investment Trends

Recently, I moderated a panel for an International Franchise Association webinar called “From Venture Capital to Private Equity: Franchise Investment Trends and Terms”. I was fortunate to have fantastic panelists: Satya Ponnuru…more

Equity Investors, Franchise Agreements, Franchises, Partnerships, Private Equity

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How U.S. Companies Should Manage Expanded U.S. Sanctions on Russia and Belarus

The U.S. and its allies have expanded sanctions on Russia and Belarus on an almost daily basis over the last week and have committed to continue to do so if the situation in Ukraine continues to deteriorate…more

CAPTA List, Commerce Control List, ECCNs, Economic Sanctions, Embargo

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New SAG-AFTRA Deal Has Hidden Cost for Agents

The performers’ union SAG-AFTRA has finally reached agreement with the AMPTP, the studios’ bargaining group, after a lengthy strike. The union is touting what it says are breakthroughs in many areas. The new provisions are…more

AFTRA, Broker Commissions, Entertainment Industry, SAG, Strike

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How long does U.S. patent and trademark prosecution take? (2022 edition)

Each year, IP Spotlight updates our readers who often ask: how long does it take for a patent or trademark registration to grant? In previous years, we’ve done that by reviewing the USPTO’s annual Performance and Accountability…more

Filing Fees, Patent Applications, Patent Registration, Technology, Trademark Application

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Duties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c)

The Clerk of the Court (“Clerk”) is the “official custodian of the records and dockets of the bankruptcy court,” and when it appears that there will be a distribution to unsecured creditors in a bankruptcy case, the Clerk must…more

Agents, Bankruptcy Court, Brokers, Creditors, Debt Trading

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Neither Fake Nor Fixed: Pro Wrestling Docuseries Tell Stories About Life Beyond the Ring

The lives of professional wrestlers are neither fake nor fixed. Their realities are complicated and exhausting, both physically and mentally. Wrestlers face a multitude of challenges involving their family, friends, health,…more

Athletes, Copyright Infringement, Documentaries, Entertainment Industry, Name and Likeness

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New Jersey Passes Affordable Housing Law

New Jersey is ushering in a new era of state affordable housing guidelines. The New Jersey Assembly and Senate recently passed affordable housing legislation and Gov. Phil Murphy has signed it into law. For New Jersey…more

Affordable Housing, Governor Murphy, Municipalities, New Jersey, New Legislation

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What North Carolina's New 'Carbon Plan' Will Mean for the State's Energy Sector

When Gov. Roy Cooper signed House Bill 951 on Oct. 13, 2021, North Carolina became the first state in the Southeast — and one of the first in the country — to authorize significant reductions in carbon dioxide emissions from the…more

Carbon Emissions, Department of Environmental Quality, Duke Energy, Governor Cooper, Public Utilities Commission

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Third Cir.: State Law Governs Measure Of Just Compensation Standard In Pipeline Case

The Third Circuit recently held that state law is the standard for determining just compensation in Federal eminent domain cases. In Tennessee Gas Pipeline Co. LLC v. Permanent Easement, a pipeline company condemned property…more

Condemnation, Eminent Domain, Just Compensation, Land Owners, Natural Gas Act

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New York’s Adult-Use Cannabis Law: Multifaceted Licensing With A Purpose

First in a series on the New York State Cannabis/Marijuana Regulation & Taxation Act- New York state recently passed long-awaited adult-use cannabis legislation, taking the lead on other key jurisdictions with medical…more

Cannabis-Related Businesses (CRBs), Dispensaries, Licenses, Limited Liability Company (LLC), Marijuana

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CMS Issues Blanket Waivers Of Self-Referral Restrictions

The Centers for Medicare and Medicaid Services (CMS) has issued a series of blanket waivers of provisions of the physician self-referral (Stark Law) on March 30, 2020 in response to the declaration of the COVID-19 Outbreak in…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Homeland Security (DHS), Healthcare

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How to Protest an Agency’s Decision Canceling a Solicitation

The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with the lowest responsive bid. However, as is usually the case, there are…more

Bid Proposals, Bid Protests, Federal Acquisition Regulations (FAR), Federal Contractors, GAO

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A Court Actually Found Alienation and Did Something About It – How Novel

Parental alienation cases are heart breaking, both because of the damage to the children and the fact that the alienated parent is often robbed of large parts of the children’s childhood – and worse. For years I have said that…more

Child Abuse, Child Custody, Divorce, Parental Alienation, Parental Rights

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New Guidelines Released on Workplace Violence Prevention

Nearly all employers in the state of California must prepare a Workplace Violence Prevention Plan (“WVPP” or “Plan”) by July 1, 2024 and Cal/OSHA just published the highly anticipated model Workplace Violence Prevention Plan as…more

Cal-OSHA, Hostile Environment, New Guidance, Recordkeeping Requirements, Reporting Requirements

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New Jersey Temporary Workers’ Bill of Rights to Take Effect August 5

New Jersey’s far-reaching “Temporary Workers’ Bill of Rights” law is expected to take effect August 5 after the United States District Court for the District of New Jersey denied a staffing industry request for an injunction to…more

Employee Benefits, Equal Pay, Governor Murphy, New Jersey, Notice Requirements

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Title IX Amendments: What School Administrators Need to Know Now

The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title IX…more

Amended Legislation, Department of Education, Educational Institutions, Gender Identity, Grievance Process

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Federal Judge in Alabama Rules Corporate Transparency Act Is Unconstitutional

A federal judge in the U.S. District Court for the Northern District of Alabama recently ruled the Corporate Transparency Act (CTA) is unconstitutional. In an opinion issued March 1, 2024, Judge Liles Burke stated that it…more

Article I, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN

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COVID-19 Impacts On Construction Contracts: Legal Arguments For And Against Performance

As members of the construction industry are well aware, COVID-19 has created, and continues to create, production delays that have caused uncertainty in the availability and pricing of materials. Questions continue to be raised…more

Construction Contracts, Construction Project, Coronavirus/COVID-19, Delays, Force Majeure Clause

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Understanding the Correct LGBTQIA+ Terms Is Critical to Workplace DEI Efforts

Using the correct terminology isn’t just about being “woke.” It is about creating an inclusive workplace where everyone feels respected. And getting it wrong, or not paying close enough attention to those in the workplace who…more

Diversity and Inclusion Standards (D&I), Gender Identity, LGBTQ, Sexual Orientation, Transgender

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Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act

A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont Employment Practices Act (the…more

Compensation & Benefits, Employment Contract, Independent Contractors, Job Duties, Misclassification

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New Florida Law Conflicts with Federal COVID-19 Vaccine Mandates, Leaving Some Employers in Tough Spot

On November 18, 2021, Florida Governor Ron DeSantis executed a new state law that immediately banned COVID-19 vaccine mandates for employees of private and public employers. Florida employers now have to figure out how to…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Federal Employees

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PA – Tenants May Face Uphill Battle To Invoke Force Majeure Protections

Government mandates aside, tenants to a lease governed by Pennsylvania law may face an “uphill battle” to invoke force majeure protections — used to allocate risk that is considered beyond a party’s control — whether or not such…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Landlords

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The California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA Standing

On July 17, 2023, the California Supreme Court delivered its highly anticipated response to the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), clarifying the effect of…more

Arbitration Agreements, CA Supreme Court, Class Action, Federal Arbitration Act, Labor Code

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What North Carolina's New 'Carbon Plan' Will Mean for the State's Energy Sector

When Gov. Roy Cooper signed House Bill 951 on Oct. 13, 2021, North Carolina became the first state in the Southeast — and one of the first in the country — to authorize significant reductions in carbon dioxide emissions from the…more

Carbon Emissions, Department of Environmental Quality, Duke Energy, Governor Cooper, Public Utilities Commission

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Illumina v. Ariosa: Carving Out A New “Bucket” Of Section 101 Patent Eligible Claims

Case Summary- On March 17, 2020, the Federal Circuit found that patents claiming methods of preparing an extracellular fraction of cell-free DNA that is enriched in fetal DNA were patent eligible and not invalid under 35 U.S.C…more

Appeals, Ariosa, CLS Bank v Alice Corp, DNA, Human Genes

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Supreme Court: Students With Disabilities May Be Able to Take Schools Directly to Court

The U.S. Supreme Court has issued a decision in the case of Perez v. Sturgis Public Schools that would appear on first reading to expand the types of cases in which parents of students with disabilities can skip the…more

Americans with Disabilities Act (ADA), Disability, IDEA, School Districts, SCOTUS

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Navigating New Jersey’s Restrictions On Short-Term Rentals Under COVID-19-UPDATED

In an April 4, 2020 administrative order, New Jersey Governor Phil Murphy gave New Jersey municipalities and counties the authority to restrict hotels, motels, guest houses and private residences from accepting new transient…more

Coronavirus/COVID-19, Executive Orders, Governor Murphy, Re-Opening Guidelines, Real Estate Market

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Questions Raised By Coronavirus Construction Delays

Across the country, construction projects are closing down as a result of the Coronavirus (COVID-19) pandemic. Contractors are leaving the sites and providing notice that a force majeure event has occurred. Specifically,…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Coronavirus/COVID-19

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In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!

In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary line. The Judge did not listen. In a twist…more

Fair Labor Standards Act (FLSA), Independent Contractors, Interstate Commerce, Motor Carriers, Over-Time

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How Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking Certainty

On April 19, 2023, Justice Ketangi Brown Jackson, writing for a unanimous Court in MOAC Mall Holdings LLC v. Transform Holdco LLC et.al., 598 U.S. ___ 143 S. Ct. 927 (2023), held that Bankruptcy Code section 363(m) is not…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Leases, Debtors

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Key Issues in the U.S. Asbestos (and Talc) Tort System in 2023

The national asbestos litigation machine is running at full speed even though the system is more than five decades old. The machine is national in scope, but it only operates in relatively few state and county jurisdictions…more

Asbestos, Asbestos Litigation, Litigation Strategies, Mass Tort Litigation, Toxic Exposure

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Life After Love Gone Wrong Podcast: Season 3, Episode 6 - Reshaping Your Legacy: Estate Planning After Your Divorce

If something happens to you, would you want your ex or soon-to-be-ex to have the right to make decisions on your behalf? If your answer is no, then stop everything you’re doing and listen to this episode. Melissa Terranova…more

Asset Management, Beneficiaries, Divorce, Estate Planning, Family Members

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The True Cost Of Zoning Litigation

The week before Christmas 2020, I received word from the N.C. Supreme Court that it had denied discretionary review in a case out of Western North Carolina that my client had won in the N.C. Court of Appeals in 2018. We had…more

Appeals, Appellate Courts, Land-Use Permits, Litigation Fees & Costs, NC Supreme Court

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The Supreme Court’s Dobbs Ruling Creates a Variety of Significant Legal Issues

The Supreme Court of the United States held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood of…more

Abortion, Aiding and Abetting, Board of Directors, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization

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Doing Business in California: A Guide for Employers - 2024

The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique challenges…more

Bereavement Leave, California, Employment Discrimination, Fair Pay Act, Fair Workweek

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How To Patent Software And Computer-Implemented Business Methods In The US And Abroad

It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to subject…more

Abstract Ideas, Alice/Mayo, Computer-Related Inventions, European Patent Office, Inventions

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Where to Protest When the Government Says Your Bid is Late

In a January 2024 bid protest denied by the Government Accountability Office (“GAO”), an all-too familiar issue regarding allegedly late email bid submissions timeliness brought the split between GAO and the Court of Federal…more

Bid Protests, Bid Solicitation, COFC, Contractors, Federal Contractors

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NTSB Petitions For Reconsideration … It’s Not Over Until It’s Over

In discussing the role of the U.S. Supreme Court, Justice Robert Jackson famously remarked in his concurring opinion in a 1953 case that “[w]e are not final because we are infallible, but we are infallible only because we are…more

Airplane Accidents, Appellate Courts, Aviation Industry, Code of Federal Regulations (CFR), Federal Aviation Administration (FAA)

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USPTO Post-Grant Proceedings: An Overview

Inter partes reviews (IPRs), ex parte reexaminations and post-grant reviews (PGRs) are all post grant proceedings offered by the United States Patent and Trademark Office (USPTO) that allow parties to challenge the validity of a…more

Inter Partes Review (IPR) Proceeding, Patent Re-Examination, Patent Trial and Appeal Board, Patents, Post-Grant Review

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Litigants in Two Major International Arbitrations Ask the Supreme Court to Review the Standard for Showing “Evident Partiality” By Arbitrators

Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts should…more

Arbitration, Arbitration Awards, Bias, Conflicts of Interest, International Arbitration

See all updates »

 Not all contacts are created equal: more PJ lessons from the Business Court.

A few months after successfully settling its lawsuit and obtaining a consent judgment against JUUL, the State of North Carolina doubled down, suing five of JUUL’s officers and directors for unfair or deceptive trade practices…more

Business Court, E-Cigarettes, Food and Drug Administration (FDA), Non-Residents, Personal Jurisdiction

See all updates »

Colorado’s Amended Equal Pay for Equal Work Act: What Employers Need to Know Now

The requirements of Colorado’s Equal Pay for Equal Work Act (EPEWA) are changing. Since January 1, 2021, Part 2 of the EPEWA has required transparency in pay and job opportunities. Last summer, however, the Colorado…more

Amended Legislation, Colorado, Compensation & Benefits, Duty To Notify, Equal Pay

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U.S. States And Territories Data Breach Statutes-UPDATED July, 2020

Fox Rothschild’s Privacy and Data Security practice group maintains this searchable PDF document as well as the Data Breach 411 app to inform businesses of the breach notification statutes in each of the 50 states, Guam, Puerto…more

Attorney General, Data Breach, Data Collection, Data Privacy, Data Protection

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Empire Strikes Back, Again, And Prevails On Appeal In Infringement Suit

Shortly after the 2015 debut of the hit Fox Television show Empire, Clayton Tanksley sued the studio, distributor, producer and creators of Empire for copyright infringement and related claims in the United States District Court…more

Copyright, Copyright Infringement, Copyright Litigation, Television Shows

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SBA Updates Guidance, Sets Application Date For Grants Aiding Shuttered Venues, Talent Representatives

The Small Business Administration (SBA) has announced that it expects to open the application process for the Shuttered Venue Operators Grant (SVOG) program on April 8, making it critical for qualified entities to review federal…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Federal Grants, Paycheck Protection Program (PPP), Public Venues

See all updates »

New Year – Mastering Privacy And Data Security In 2019

2019 presents businesses with new cybersecurity and privacy challenges: rapid advances in technology, sophisticated new cyberattacks and stricter privacy regulations here and around the world, just to name a few. Businesses that…more

Cyber Attacks, Cybersecurity, Data Privacy, Data Protection, Data Security

See all updates »

NLRB Departs from Employer-Friendly Independent Contractor Test

The National Labor Relations Board, in its decision in The Atlanta Opera, Inc., has modified its standard for determining whether a worker is an employee or independent contractor under the National Labor Relations Act (the…more

Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification, NLRA

See all updates »

Sinemia Files For Chapter 7 Bankruptcy

At the end of last week, Sinemia, a movie ticket subscription service, filed a Chapter 7 bankruptcy petition in Delaware, amidst multiple lawsuits and an investigation by the FTC. The company, which permitted users to purchase…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy

See all updates »

SEC And States Provide Relief For Upcoming Proxy Season Due To COVID-19

As proxy season approaches for a number of public companies, the Securities and Exchange Commission (SEC) and certain state authorities have taken steps to revise their current corporation laws or provide guidance for companies…more

C&DIs, Coronavirus/COVID-19, Proxy Season, Securities and Exchange Commission (SEC), Virtual Meetings

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Trademark Licensees Beware: License At Risk In Franchisor Bankruptcy

A concern for franchisees is the impact on license agreements for intellectual property when the licensor files bankruptcy and seeks to shed itself of burdensome obligations under license agreements. The impact on the licensee…more

Commercial Bankruptcy, Franchises, License Agreements, Section 365, Trademarks

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Stateside Pilot Program Will Issue H-1B Visa Stamps From Within the US

On January 29, 2024, the U.S. Department of State (DOS) will begin accepting online H-1B visa stamp applications at this web address for a limited number of qualifying applicants to receive H-1B visa stamps from within the U.S…more

Electronic Filing, H-1B, Pilot Programs, Required Documentation, US Department of State

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DOL Increases Salary Threshold for FLSA Exemption – What Comes Next?

On April 23, 2024, the United States Department of Labor released a final rule raising the salary threshold for “white collar” workers—i.e., executives, professionals, and administrative personnel. While we expect there will be…more

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

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The Importance Of Updating Compliance Programs For Skilled Nursing, Assisted Living And Other Residential Care Facilities

Skilled Nursing Facilities in particular and to a lesser extent other types of Residential Care Facilities, including Assisted Living Facilities and Behavioral Health Facilities, have always been under the government’s watchful…more

Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Compliance, Coronavirus/COVID-19, Criminal Investigations

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Expedited Patent Examination: Understanding Your Options in the US and Abroad

Speeding up patent prosecution and quickly obtaining an issued patent is generally a good thing. The earlier a patent is issued, the earlier it can protect a product and be enforced against third party infringers. And since…more

Acceleration, Global Patent Prosecution, Patent Applications, Patent Cooperation Treaty, Patent Examinations

See all updates »

ERC Voluntary Disclosure Deadline Rapidly Approaching on March 22

The March 22 deadline for applying to the IRS Voluntary Disclosure Program (VDP) to repay improperly claimed Employee Retention Credits (ERC) at a discount is just around the corner. The VDP requires businesses to repay only…more

Audits, CARES Act, Coronavirus/COVID-19, Employee Retention, Installment Agreements

See all updates »

Inventor Remuneration And What it Means for Companies in the Global Marketplace

In a global marketplace, understanding which laws govern an intellectual property (IP) portfolio is crucial for maximizing the value of the IP rights. However, it can be a complex endeavor for companies, especially in the…more

Compensation, Industrial Property Law, Intellectual Property Protection, Inventions, Inventors

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Pennsylvania’s Judicial Races are in Full Swing

Even for the most diligent political observer and educated voter, judicial races in Pennsylvania can be difficult to decipher. Unlike candidates for other public offices, the judicial candidates get certified to run on both…more

Judges, Judicial Appointments, Pennsylvania

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FTC Bans Virtually All Employment-Based Noncompete Agreements, Business Groups Seeking Injunction

In a rare public meeting, the Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to approve a final regulatory rule (Final Rule) which bans virtually all preexisting and future noncompete agreements with very few…more

Confidentiality Agreements, Federal Bans, Federal Trade Commission (FTC), Final Rules, Franchises

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Federal Court Throws Out NLRB’s Controversial Joint Employer Rule

In a move welcomed by employers nationwide, a Texas federal court judge has vacated the National Labor Relations Board’s proposed joint employer rule. The decision, handed down late on March 8, 2024 by Judge J. Campbell Barker…more

Common Law Test, Federal Labor Laws, Joint Employers, NLRB, Proposed Rules

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5th Circuit Shreds NLRB's Employee Uniform Policy Prohibition

The 5th Circuit Court of Appeals has vacated the National Labor Relations Board’s (NLRB) 2022 ruling in Tesla, Inc. that held that the electric vehicle manufacturer violated the National Labor Relations Act (NLRA) by prohibiting…more

Labor Policies, NLRA, NLRB, Tesla, Uniforms

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I-9 Alert! New Form I-9 and New Remote Verification Procedure for E-Verify Employers

On July 21, 2023, DHS announced a new edition of Form I-9 along with a new rule permitting certain employers to conduct remote inspection of the documents used in the Form I-9 employment eligibility verification process. The…more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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Special Shareholder Meetings: Where The Minutes Are Kept, But The Time (For Notice) Is Wasted

Judge Robinson recently issued an order containing what may be the first interpretation of the “Special Meeting” provisions of the North Carolina Business Corporation Act (the “Act”), N.C. Gen. Stat. §§ 55-7-02 and -03, in In re…more

Shareholder Demands, Shareholder Meetings, Shareholders

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Illinois Appellate Court Rules That Actions Under The Biometric Information Privacy Act Are Not Subject To Wage And Hour Arbitration Clause

With the recent spate of class actions under Illinois’ Biometric Information Privacy Act (“BIPA”), courts are considering an array of litigation-related questions that such actions pose. One such issue recently was addressed in…more

Arbitration, Biometric Information, Biometric Information Privacy Act, Data Collection, Employer Liability Issues

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Holiday Weekends Offer No Time Off From Cyber Threats

Labor Day weekend is upon us. Unfortunately, history has shown that, rather than resting, hackers and other threat actors take advantage of holidays to attack closed or understaffed businesses when they least expect it. To…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach

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Best Practices: A Construction Checklist for Cannabis Companies

If you are about to embark upon a construction project for a facility in the cannabis space, success often depends upon proper planning. Below is a checklist of strategic advice you should consider to achieve a successful…more

Cannabis-Related Businesses (CRBs), Construction Contracts, Construction Industry, Construction Project, Risk Management

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Just in Time for Halloween: Has the Specter of Viar Returned?

Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried.” …more

Appellate Briefs, Appellate Courts, Dismissals, North Carolina, Notice of Appeal

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When Does the Hague Convention Apply?

Now and again, we hear about an international child custody dispute and how the Court’s are going to handle it. Recently, a Trial Court decision, J.R. v. A.R., FD-13-728-20, was published as it presented a case of first…more

Child Custody, Habitual Residence, Hague Convention, Philippines, Wrongful Removal

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Real Estate Tax Appeals During The Pandemic – 10 Key Takeaways

As the COVID-19 pandemic continues to impact the commercial real estate market, property owners will be focusing on ways to reduce operating expenses, including real estate taxes... …more

Commercial Property Owners, Coronavirus/COVID-19, Fair Market Value, Foreclosure, Property Tax

See all updates »

New Law in New York Threatens Employer Ownership of Employee Inventions

New York state recently amended Labor Law Section 203-f, codifying a hurdle for employers who seek to claim ownership over an employee's inventions. The law, which is similar to laws enacted in other states[1], has three…more

Amended Regulation, Assignment of Inventions, Employee Inventors, Employees, Employment Contract

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The Tax Code Could Change Before Year's End: What Can Wealthy Individuals Do Now?

President Joseph Biden and the Democratic majority in Congress are working on a $3.5 trillion tax and spending package that could dramatically increase taxes on the wealthy. In addition, new proposals are being floated almost…more

Estate Tax, Gift Tax, Grantor Trusts, Irrevocable Life Insurance Trusts, Joe Biden

See all updates »

New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions

In a case of first impression, the New Jersey Appellate Division has finally formally recognized the enforceability of pay-if-paid clauses in New Jersey, so long as those clauses clearly and unambiguously establish a condition…more

Appellate Courts, Construction Contracts, Contractors, New Jersey, Pay if Paid

See all updates »

EEOC Vigorously Scrutinizing Employment Qualification Standards Under the ADA

In recent months, the U.S. Equal Opportunity Employment Commission (EEOC) has intensified its scrutiny of employer qualification standards under the Americans with Disabilities Act (ADA). This trend follows the EEOC’s…more

Americans with Disabilities Act (ADA), Class Action, Disability Discrimination, Employer Liability Issues, Employment Policies

See all updates »

No April Fools Here — The Fast Food Minimum Wage in California is $20 as of April 1st

A quick reminder for national Fast Food restaurants, the California minimum wage is going up to $20 per hour as of April 1, 2024. As we wrote in our Alert back in October 2023, AB 1228 created a Fast Food Council in California,…more

California, Department of Industrial Relations, Fast-Food Industry, Minimum Wage, Wage and Hour

See all updates »

IRS Cracks Down on Charitable Contributions of Cryptocurrency

On January 13, 2023, the IRS issued Chief Counsel Memorandum 202302012 (the “CCM”) establishing new rules for donations of cryptocurrency. In the CCM, the IRS concluded that taxpayers must obtain a ‘qualified appraisal’ if they…more

Appraisal, Charitable Donations, Charitable Organizations, Cryptocurrency, Internal Revenue Code (IRC)

See all updates »

Title IX Amendments: What School Administrators Need to Know Now

The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title IX…more

Amended Legislation, Department of Education, Educational Institutions, Gender Identity, Grievance Process

See all updates »

SCOTUS Holds Warhol’s “Prince Series” Is Not Fair Use

Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background (the “Orange Prince series”),…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Fair Use, Intellectual Property Protection

See all updates »

Back to the Drawing Board: Delaware Bar Proposes Legislation Limiting Effects of Moelis Ruling on Stockholders Agreements

In a lightning-fast response to the recent ruling in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co., the Delaware State Bar Association’s Council of the Corporate Law Section has proposed an amendment to the Delaware…more

Amended Legislation, Board of Directors, Corporate Governance, Delaware, Delaware General Corporation Law

See all updates »

LTL Management, LLC Bankruptcy Dismissed (Again)

The LTL Management, LLC (“LTL” or the “Debtor”) bankruptcy saga may be coming to an end for a second time, at least for now. On January 30, 2023, the Third Circuit issued its opinion reversing the Bankruptcy Court after…more

Bad Faith, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debtors

See all updates »

Key Considerations for Your Life Sciences IP Strategy

Patent protection, regulatory exclusivity and product life cycle management should be at the core of any company’s life science development strategy. A well-integrated strategy will be critical to securing investments, forming…more

Audits, Business Assets, Foreign Patent Applications, Intellectual Property Protection, Inventions

See all updates »

It’s Now or Never: The ELVIS Act Takes on AI in Music

Effective on July 1, 2024, the Ensuring Likeness Voice and Image Security (ELVIS) Act will amend Tennessee’s Personal Rights Protection Act of 1984 to explicitly include protections for songwriters, performers, and music…more

Artificial Intelligence, Copyright, Entertainment Industry, Intellectual Property Protection, Music

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The Impending Peril Of COVID-19 Personal Injury Claims: A Roadmap For Litigation Risk Mitigation

In the United States, it is immensely difficult to prevent a lawsuit by an individual who feels aggrieved and wishes to sue, particularly when they can do so with little or no out-of-pocket expense. But it is good business…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Immunity, Infectious Diseases, Litigation Strategies

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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