On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) issued an order staying the Final Rule for the Enhancement and Standardization of Climate-Related Disclosures for Investors (“Final Rule”) that it released...more
For most businesses, turning the calendar to 2023 meant putting the pandemic and any of its tax-related effects further in the rearview mirror.
One notable exception, however, is the employee retention credit, or ERC,...more
4/18/2023
/ Audits ,
CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
Fraud ,
Income Taxes ,
Inflation Reduction Act (IRA) ,
IRS ,
Payroll Taxes ,
Self Employed ,
Small Business ,
Tax Credits
Those who practice municipal law in the three states that make up the Seventh Circuit now have a new standard to consider when arguing that a law violates the Constitution’s Ex Post Facto Clause.
...more
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) released a comprehensive set of proposed rules mandating climate-related risk disclosures for public companies (Proposed Rule). For some the release marks...more
3/25/2022
/ Climate Change ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
ICFR ,
Proposed Rules ,
Risk Management ,
SASB ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
The North Carolina Supreme Court recently concluded that shareholders dissenting from Reynolds American Inc.'s 2017 merger with British American Tobacco were not entitled to more consideration than the deal price — even in a...more
The old adage tells us that you can’t fight city hall, but a recent decision from Wisconsin’s court of appeals, which handed a victory to property taxpayers who received a favorable decision from a board of review, teaches...more
Those who follow the workings of the U.S. Court of Appeals for the Seventh Circuit are no doubt accustomed to visiting the court’s website (http://www.ca7.uscourts.gov) to read the daily release of published opinions or to...more
Collier v. SP Plus Corp., a recent decision from the U.S. Court of Appeals for the Seventh Circuit, presented the “unusual circumstance” where both the plaintiffs and the defendant argued that the plaintiffs lacked standing...more
If your work involves civil litigation in Wisconsin, you’ve likely run across Wis. Stat. § 893.07, the state’s borrowing statute, which governs the application of foreign statutes of limitations to cases filed in Wisconsin....more
The federal Communications Decency Act of 1996, in what is commonly referred to as “Section 230,” absolves from liability the “provider” of “an interactive computer service” when the plaintiff uses a theory of liability that...more
Seventh Circuit Rule 52 allows the U.S. Court of Appeals for the Seventh Circuit, when faced with “questions arising under the laws of [a] state which will control the outcome of a case pending in the federal court” to...more
It’s not often that a court disqualifies one of the lawyers who appears before it. That’s what makes the Seventh Circuit’s recent decision in Doe v. Nielsen, No. 17-2040 (7th Cir. Feb. 26, 2018), one for the history books....more
It is not exactly a novel proposition of law in Wisconsin that a nonlawyer cannot represent a separate legal entity (as opposed to appearing pro se) in a Wisconsin court. The Wisconsin Supreme Court considered this issue over...more
The law clerks of the U.S. Court of Appeals for the Seventh Circuit might be excused for thinking of the court’s recent decision in Cooke v. Jackson National Life Insurance Co., No. 17-2080 (7th Cir. Feb. 9, 2018), as the one...more
Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more
Last year the Wisconsin Court of Appeals threw businesses a curveball when it held that a contractual waiver of the right to a jury trial was unenforceable.
The holding of the case, Parsons v. Associated Banc-Corp., 2016...more
Those who practice regularly before the U.S. Court of Appeals for the Seventh Circuit know that the court has not been reluctant to punish a misbehaving lawyer....more
Last summer, we wrote about a unique situation that arose in the case of Rubin v. Islamic Republic of Iran, No. 14-1935 (7th Cir. July 19, 2016), in which the Seventh Circuit found itself unable to assemble a “majority” of...more
1/18/2017
/ Default Judgment ,
En Banc Review ,
Foreign Judgments ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Iran ,
Petition For Rehearing ,
Recusal ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
State Sponsors of Terrorism
Bill Gates once wrote that “[w]e always overestimate the change that will occur in the next two years and underestimate the change that will occur in the next ten.” Mr. Gates surely wasn’t thinking about the turnover of...more
Nothing about the Seventh Circuit’s recent per curiam decision in Kenosha Unified School District No. 1 Board of Education v. Whitaker, No. 16-8019 (7th Cir. Nov. 14, 2016), could be considered much of a mystery, but file the...more
11/28/2016
/ § 1292(b) Certification ,
Appeals ,
Interlocutory Appeals ,
Jurisdiction ,
Motion to Dismiss ,
Non-Appealable Decisions ,
Pendent Jurisdiction ,
Preliminary Injunctions ,
School Restrooms ,
Sex Discrimination ,
Transgender
Every now and then we see something in the reported decisions of the U.S. Court of Appeals for the Seventh Circuit that seems noteworthy because we’ve never seen it before. The following is one such example.
Seventh...more
If you’re like us—and most others, we’ll venture to guess—you’ve never read all the terms and conditions of the iTunes end-user license agreement.
We doubt that it’s a scintillating read, but, regardless, most...more
4/4/2016
/ Arbitration Agreements ,
Binding Arbitration ,
Clickwrap Agreements ,
Consumer Contracts ,
Corporate Counsel ,
E-Commerce ,
EULA ,
Online Platforms ,
Terms and Conditions ,
TransUnion ,
Young Lawyers
Put it in writing.
How many times have those four words been uttered in the course of commerce?
Many more than we care to count, to be sure. For the fact remains that the act of putting pen to paper, ribbon to...more
Equitable subordination in bankruptcy can be a powerful tool, providing a court with considerable latitude to set things right insofar as the estates of the penniless and the rights of their creditors are concerned.
But...more