Fox Rothschild LLP

Sticker Shock at Closing Tables for Dealership Sellers

Selling an auto dealership in New Jersey just got more expensive — and more complicated. As of July 10, 2025, changes to New Jersey’s so-called “Mansion Tax” have shifted the burden of this transfer tax onto the seller. A new… more

Car Dealerships, Closing Costs, Commercial Real Estate Market, New Jersey, New Legislation

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The Presumption of Innocence Podcast: Episode 65 -The Power of Interpretation: Constitutional Meaning in the Modern World

The Constitution takes center stage in this latest episode with legal scholar Erwin Chemerinsky, Dean of UC Berkeley Law, who is renowned for his studies of constitutional law and federal civil procedure. He and host Matt… more

Constitutional Challenges, Government Officials, Immunity, Judicial Authority, SCOTUS

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What the House Settlement Means for College Sports

The recent settlement in House v. NCAA marks a seismic shift in college athletics. By paving the way for schools to directly pay student-athletes, the agreement signals a formal departure from the NCAA’s amateurism model and… more

Antitrust Litigation, College Athletes, Colleges, Compensation, Fair Market Value

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Court Upholds CSA, but Cannabis Businesses Still Have Deduction Options

A recent 1st U.S. Circuit Court of Appeals ruling upheld a lower court decision that the Controlled Substances Act (CSA) does not violate federal law. The decision stems from Canna Provisions’ lawsuit against the government… more

Agribusiness, Appeals, Cannabis Products, Controlled Substances Act, Farm Bill

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Pennsylvania’s Uniform Directed Trust Act Creates New Flexibility in Trust Administration

Pennsylvania will soon become the 20th state to adopt a version of the Uniform Directed Trust Act (the Act), adding a new subchapter to the PEF Code and significantly changing the existing provisions of the state’s Uniform Trust… more

Duties, Pennsylvania, Settlors, Trustees, Trusts

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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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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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The Impact of Purdue Pharma

It has been approximately two months since the highly anticipated Supreme Court decision in Harrington v. Purdue Pharma L.P., and it is already making a significant impact in bankruptcies around the country. In September 2019,… more

Bankruptcy Court, Bankruptcy Trustees, Chapter 11, Commercial Bankruptcy, Creditors

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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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What the House Settlement Means for College Sports

The recent settlement in House v. NCAA marks a seismic shift in college athletics. By paving the way for schools to directly pay student-athletes, the agreement signals a formal departure from the NCAA’s amateurism model and… more

Antitrust Litigation, College Athletes, Colleges, Compensation, Fair Market Value

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Auto Dealers Face Deadline to Submit Claims in $129.5 Million Class Action Settlement

U.S. auto dealers have until Jan. 9, 2025 to submit a claim in the recent $129.5 million class action lawsuit settled by CDK Global, LLC (CDK) and The Reynolds and Reynolds Company (Reynolds). The deadline to object to the fee… more

Antitrust Violations, Car Dealerships, Class Action, Class Action Settlement, Class Members

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Trump Administration Launches Title IX Investigations Team to Accelerate Enforcement

The Trump administration has announced the creation of a Title IX Special Investigations Team (SIT) to respond to a surge in Title IX complaints and carry out enforcement of several of President Trump’s executive orders… more

Colleges, Department of Education, Department of Justice (DOJ), Educational Institutions, Enforcement Actions

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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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Changes in Washington State Tax Law Will Impact Businesses

Washington recently enacted major tax law changes that will affect many businesses operating in the state. Here’s what you need to know: Changes to the Definition of Incidental Investment Income - Washington law now permits… more

Business Taxes, Corporate Taxes, Financial Institutions, Income Taxes, Investment Funds

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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 11 - Planning Ahead: Creating a Smooth Transition

In the second part of his conversation with host Matt Baum, Jeff Nash, CEO and Co-Founder of Bridgemark Strategies, shares the due diligence all advisors should undertake to ensure their clients will be supported both during and… more

Business Strategies, Corporate Sales Transactions, Intellectual Property Protection, Investment, Private Equity

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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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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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The IRS-ICE Tax Data Sharing Agreement: Practical Considerations

The IRS and ICE have signed a Memorandum of Understanding (MOU) that allows the IRS to share taxpayer information such as names, addresses, and tax data, with ICE for immigration-related criminal enforcement of individuals… more

Data Privacy, Department of Homeland Security (DHS), Enforcement Actions, Government Agencies, Immigrants

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The Presumption of Innocence Podcast: Episode 37 - Vintage or Trendsetting? The SDNY's Whistleblower Pilot Program

The Department of Justice launched a Whistleblower Pilot Program in the Southern District of New York in February. But is it a groundbreaking program, or an existing policy simply wrapped in fresh branding? Seasoned… more

New York, Self-Disclosure Requirements, State Pilot Programs, Whistleblower Protection Policies, Whistleblowers

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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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U.S. Supreme Court Rules Unanimously That Federal Courts Can Exercise Jurisdiction Over the Palestinian Authority in Damages Actions Brought by U.S. Victims of Palestinian Terror

In 2019, Congress enacted the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), which created jurisdiction over the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) for terrorism-related… more

Business Entities, Constitutional Challenges, Damages, Due Process, Federal Jurisdiction

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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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The Presumption of Innocence Podcast: Episode 44 - A Recipe for Litigation: The Simmering Conflict Surrounding ERC Claims

Is the IRS prepping a legal stew for businesses that filed for Employee Retention Credit (ERC) relief? Host Matt Adams invites Fox Rothschild partner Elizabeth Blickley into the proverbial kitchen for this episode. They… more

Employee Retention, IRS, Payroll Taxes, Relief Measures, Tax Credits

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New York City Implements New Prenatal Leave Policy, Notice and Paystub Requirements for Employers

New York City has recently updated its Earned Safe and Sick Time Act (ESSTA) Rules and Frequently Asked Questions to address the requirements of the New York State Prenatal Leave law. As discussed in our prior alerts in April… more

Earned Sick Time, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

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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 - June 5, 2025

The Illinois Gaming Board (IGB) held its monthly meeting on Thursday, June 5, 2025. The meeting was hybrid with in-person accessibility at 160 N. LaSalle St., 5th Floor Auditorium and availability via livestream. Board members… more

Casinos, Gambling, Gaming, Government Agencies, Illinois

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Pilot Program Speeds Up Permits for NPDES Stormwater Construction Projects

A pilot program covering 10 Pennsylvania counties – including Bucks, Chester, Lehigh and Montgomery counties – aims to shorten review times for individual NPDES stormwater construction permits by 42 percent. The Pennsylvania… more

Green Infrastructure, Pennsylvania, Pilot Programs, Storm Water

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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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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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IRS Agrees to Share Taxpayer Return Info with ICE

An agreement between the IRS and U.S. Immigration and Customs Enforcement (ICE) allows immigration officers to access certain taxpayer return information during criminal investigations. The move may raise concerns for taxpayers… more

Data Privacy, Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Immigration and Customs Enforcement (ICE)

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The New York City Fair Chance for Housing Act: What You Need to Know

New York City’s Fair Chance for Housing Act went into effect Jan. 1, 2025. It is intended to address discrimination against individuals with a criminal history in the housing application process. The Act requires all… more

Anti-Discrimination Policies, City of New York, Community Associations, Condominiums, Criminal Background Checks

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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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The Calls You Forward to Voicemail Just Got More Expensive to Make

Beginning October 1, 2024, telemarketers will have to pay higher fees for access to phone numbers on the National Do Not Call Registry. In a unanimous decision, the FTC increased annual subscriptions by $2 for access to a single… more

Do Not Call List, Federal Trade Commission (FTC), Telemarketing, Voicemail

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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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NJ DOL Issues Proposed Rules on ABC Test for Independent Contractors

The New Jersey Department of Labor and Workforce Development (DOL) announced proposed regulations that purportedly clarify the so-called “ABC test” for determining whether workers should be classified as employees or independent… more

ABC Test, Department of Labor (DOL), Employee Definition, Employment Contract, Independent Contractors

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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 Legislature Amends Biometric Privacy Law to Reduce Damages

The Illinois General Assembly recently approved significant changes to the Illinois Biometric Information Privacy Act (BIPA) to mitigate excessive damages. The bill, SB2979, responds to a suggestion made over a year ago by the… more

Amended Legislation, Biometric Information Privacy Act, Consent, Governor Pritzker, Illinois

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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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Court Upholds CSA, but Cannabis Businesses Still Have Deduction Options

A recent 1st U.S. Circuit Court of Appeals ruling upheld a lower court decision that the Controlled Substances Act (CSA) does not violate federal law. The decision stems from Canna Provisions’ lawsuit against the government… more

Agribusiness, Appeals, Cannabis Products, Controlled Substances Act, Farm Bill

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Washington State to Raise Capital Gains, Estate Tax Rates

By June 7, 2025, Gov. Bob Ferguson is expected to sign legislation into law that would increase funding for Washington State's Education Legacy Trust Account (ELTA) by raising the capital gains and estate tax rates… more

Capital Gains Tax, Estate Tax, Legislative Agendas, New Legislation, Proposed Legislation

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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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Changes on the Horizon: Recent Announcements Affecting the Composition of the North Carolina Business Court

On June 27, 2024, the North Carolina Business Court announced several changes to the Court’s composition. Chief Business Court Judge Louis A. Bledsoe, III announced his retirement effective January 1, 2025. Judge Bledsoe has… more

Business Court, Judges, Judicial Appointments, North Carolina, Retirement

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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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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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FCA 101: Knowledge

In this blog post, we will explore the knowledge element. Despite being a fraud statute, the FCA does not require specific intent to defraud the government to impose liability. Instead, the FCA defines culpable “knowing,” and… more

Fair Credit Reporting Act (FCRA), False Claims Act (FCA), Fraud, Reckless Disregard, Safeco Insurance Co of America v Burr

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Court Upholds CSA, but Cannabis Businesses Still Have Deduction Options

A recent 1st U.S. Circuit Court of Appeals ruling upheld a lower court decision that the Controlled Substances Act (CSA) does not violate federal law. The decision stems from Canna Provisions’ lawsuit against the government… more

Agribusiness, Appeals, Cannabis Products, Controlled Substances Act, Farm Bill

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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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Florida’s Medical Malpractice Reform: Navigating the Shifting Landscape for Providers

Florida’s healthcare providers and their insurers are on the verge of a significant adjustment to the state’s medical malpractice landscape. For over three decades, a controversial provision within Florida’s medical malpractice… more

Florida, Health Care Providers, Healthcare Reform, Hospitals, Insurance Industry

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Employers Should Prepare Now for 2025 New York State Wage Adjustments

As we approach the start of a new year, New York employers should prepare for several wage-related adjustments that will take place on Jan. 1, 2025. Along with an increase to the state’s hourly minimum wage rates, there are… more

Exempt-Employees, Food Service Workers, Minimum Salary, Minimum Wage, New York

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ESG Essentials: What You Need To Know Now - Episode 19 - Power Struggles: Federal vs. State Authority in Energy Law

The Trump administration has issued approximately 130 executive orders so far, and many deal with environmental and energy matters. Listen as David Colvin and Karen Davis, Co-Chairs of our ESG Practice, dive into the emerging… more

Energy Policy, Environmental Policies, Executive Orders, State and Local Government, Trump Administration

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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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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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USPTO to Expedite Patent Issuance

The U.S. Patent and Trademark Office (USPTO) announced today that effective May 13, 2025, the time between an Issue Notification and issue date of a U.S. patent will be reduced to about one week. Currently, it takes three weeks… more

Filing Deadlines, Filing Requirements, Government Agencies, Inventions, New Regulations

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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 Hampshire Adds PFAS to Real Estate Sellers’ Mandatory Notifications

In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers with… more

Contaminated Properties, Contamination, Governor Sununu, Hazardous Substances, 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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Minnesota Will Continue to Receive Public Comments on Proposed New Rules on PFAS in Products Reporting

Minnesota’s Pollution Control Agency (MPCA) held a public hearing on May 22, 2025 concerning its proposed rules that would implement PFAS-in-products reporting requirements and associated fees on entities covered by Amara’s Law… more

Comment Period, Disclosure Requirements, Filing Deadlines, Government Agencies, Manufacturers

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End of Semaglutide Shortage Means Big Changes for Prescribers and Compounders

On February 21, the FDA announced that the shortage of semaglutide injection products has been resolved. Semaglutide has appeared on the FDA’s Drug Shortage List since 2022 because demand for the drug exceeded the available… more

Compliance, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health Care Providers

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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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Initial Concepts Provided on California Climate Disclosure Laws Implementation

The regulations for the California Climate Corporate Data Accountability Act (SB253), which applies to entities with annual revenue in excess of $1 billion, have been delayed until the end of 2025. The California Air… more

Business Entities, California, CARB, Climate Change, Disclosure Requirements

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Employers Charged for ‘Harboring’ Unauthorized Foreign Workers

The indictment this week of the owners of a Texas bakery on harboring charges is proof that the Trump administration has made immigration enforcement a top priority, targeting both unauthorized foreign nationals and the… more

Compliance, Corporate Counsel, Criminal Prosecution, Department of Homeland Security (DHS), Department of Justice (DOJ)

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The New York City Fair Chance for Housing Act: What You Need to Know

New York City’s Fair Chance for Housing Act went into effect Jan. 1, 2025. It is intended to address discrimination against individuals with a criminal history in the housing application process. The Act requires all… more

Anti-Discrimination Policies, City of New York, Community Associations, Condominiums, Criminal Background Checks

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Changes in Washington State Tax Law Will Impact Businesses

Washington recently enacted major tax law changes that will affect many businesses operating in the state. Here’s what you need to know: Changes to the Definition of Incidental Investment Income - Washington law now permits… more

Business Taxes, Corporate Taxes, Financial Institutions, Income Taxes, Investment Funds

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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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Washington State May Ease Pay Transparency Rules

Washington Gov. Bob Ferguson is considering a bill that would amend the state’s wage disclosure requirements in the Equal Pay and Opportunities Act (EPOA) and implement major changes regarding potential liability for employers… more

Damages, Disclosure Requirements, Employer Liability Issues, Employment Litigation, Job Applicants

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Delaware Chancery Court Reinforces Strict Requirements for Section 220 Demands in Floreani v. FloSports Decision

On October 31, 2024, the Delaware Court of Chancery issued a letter opinion in Martin Floreani v. FloSports, Inc. that underscores Delaware’s exacting standards for stockholder inspection rights under 8 Del. C. § 220 (“Section… more

Books & Records, Compliance, Inspection Rights, Opinion Letter, Shareholders

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New Jersey Bankruptcy Courts Remain a Strong Option for Debtors Seeking to Obtain a Third-Party Release in a post-Purdue Pharma World Following the BowFlex Decision

The restructuring industry held its proverbial breath following the Supreme Court’s decision in Harrington v. Purdue Pharma L.P., which invalidated the nonconsensual third-party release in the debtors’ plan. While various… more

Bankruptcy Court, Chapter 11, Debtors, Harrington v Purdue Pharma L P, Liquidation

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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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Sticker Shock at Closing Tables for Dealership Sellers

Selling an auto dealership in New Jersey just got more expensive — and more complicated. As of July 10, 2025, changes to New Jersey’s so-called “Mansion Tax” have shifted the burden of this transfer tax onto the seller. A new… more

Car Dealerships, Closing Costs, Commercial Real Estate Market, New Jersey, New Legislation

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Closure on Moelis: Delaware Takes Action

The Delaware House of Representatives recently passed Senate Bill 313 (SB 313), overcoming the final major obstacle to essentially overturn the ruling in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co.1 The Moelis… more

Board of Directors, Corporate Governance, Delaware General Corporation Law, Governor Carney, Stockholder Agreements

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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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PA Office of Open Records Affirms Human Relations Commission Investigations Are Not Subject to Public Disclosure

The Pennsylvania Office of Open Records (OOR) has determined that investigations of alleged discrimination by the Pennsylvania Human Relations Commission (PHRC) are “noncriminal investigations,” and that associated records are… more

Disclosure, Discrimination, Investigations, Open Records, Pennsylvania

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Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives

Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of Environmental… more

Contamination, Draft Guidance, Environmental Policies, PFAS, Pollution Control

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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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US Treasury Department Has Begun Enforcing New Outbound Investment Rules

The U.S. Department of the Treasury has started enforcing final regulations that restrict, and in some cases prohibit, U.S. companies, funds and individuals from making certain investments in some technology industries owned by… more

Artificial Intelligence, China, Enforcement Actions, Executive Orders, Final Rules

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Federal Circuit Revamps Obviousness Test for Design Patents

In a recent en banc panel decision, the U.S. Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Reasoning that the old test was “improperly rigid,” the Federal Circuit said… more

Appellate Courts, Design Patent, En Banc Review, Graham Factors, Inter Partes Review (IPR) Proceeding

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Smells Like Teen Spirit

A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was filed against the juvenile, alleging possession of… more

Appellate Courts, Controlled Substances, Drug Possession, Intent, Marijuana

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The Presumption of Innocence Podcast: Episode 56 - A Strategic Gamble: The Risks, Costs and Rewards of Going to Trial

Statistics weigh heavily against defendants in the criminal justice system. Only 0.4% were acquitted after trial in federal cases during fiscal year 2022. In this latest podcast episode, host Matt Adams is joined by firm… more

Acquittals, Criminal Prosecution, Defense Strategies, Litigation Strategies, Trial Attorneys

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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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Harvard University’s Tax-Exempt Status Called Into Question

On Tax Day, President Trump publicly advocated for revoking Harvard University's tax-exempt status because Harvard rejected an “agreement in principle” the Trump administration proposed to settle disagreements over the school's… more

501(c)(3), Audits, Colleges, Harvard University, IRS

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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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States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This legislative… more

Constitutional Challenges, Corporate Counsel, Employer Responsibilities, Employment Litigation, Labor Regulations

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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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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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What the House Settlement Means for College Sports

The recent settlement in House v. NCAA marks a seismic shift in college athletics. By paving the way for schools to directly pay student-athletes, the agreement signals a formal departure from the NCAA’s amateurism model and… more

Antitrust Litigation, College Athletes, Colleges, Compensation, Fair Market Value

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Missouri Voters to Decide the Future of Legalized Sports Betting

All eyes in the gaming industry are on Missouri to see if it will become the 39th state to legalize sports wagering. On Nov. 5, Missourians will vote on six amendments, one of which brings legalizing and regulating sports… more

Fantasy Sports, Gambling, Online Gaming, Sports Betting, Sports Gambling

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Minnesota to Hold Cannabis Retail License Lottery For Social Equity and General Applicants on July 22

The Minnesota Office of Cannabis Management is set to conduct its second lottery for Minnesota Cannabis Retail Licenses. On June 5, 2025, the OCM held its first round of lotteries, conducting social equity applicant lotteries… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Licenses, Licensing Rules, Marijuana

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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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Stopping ‘Dexit': Delaware Makes Significant Changes to Its General Corporation Law

In an effort to maintain its status as the leading state for incorporation, Delaware has made historic and significant changes to its General Corporation Law (DGCL) that make it more difficult for shareholders to challenge… more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Nevada's Switch to a Uniform Minimum Wage Will Affect Workers' Overtime Eligibility

On July 1, 2024, the minimum wage for all employees in Nevada will change to a uniform $12 an hour, with significant implications for workers’ eligibility for overtime pay. This major change, authorized by voters in the… more

Minimum Wage, Nevada, Non-Exempt Employees, Over-Time, State Labor Laws

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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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Noncompete Agreements Once Again Under Attack in New Jersey

A pair of bills were introduced in the New Jersey Legislature seeking to ban or significantly restrict employers’ ability to enter into and enforce noncompete agreements. The proposed legislation (S4385 and S4386) seeks to place… more

Employee Rights, Employees, Employer Responsibilities, Employment Contract, New Jersey

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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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2024 Minnesota Legislative Session: What Employers Need to Know

The 2024 Minnesota legislative session did not produce nearly as many significant pieces of employment legislation as the 2023 session. Still, this legislature passed multiple new employment laws this year and amended several… more

Anti-Discrimination Policies, Earned Sick Time, Human Rights Act, Job Ads, Misclassification

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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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8 Tips to Give Your Confidentiality Agreements Teeth (In a Post-Non-Compete World)

An employee with access to customer lists and other key business information leaves the company. You want to enforce your confidentiality agreement, but with the recent restrictions on non-competition/non-solicitation clauses,… more

Audits, Confidential Information, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Disclosure

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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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New York’s Climate Change Superfund Act: What You Need to Know

On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,… more

CERCLA, Climate Change, Environmental Litigation, Environmental Policies, Fossil Fuel

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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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SBA Revives Franchise Directory: Benefits for Franchisors and Franchisees

The Small Business Administration (SBA) has revived its Franchise Directory, providing significant benefits for franchise systems and their franchisees seeking financing. The directory returned June 1, 2025, as part of the new… more

Business Ownership, Disclosure Requirements, Filing Requirements, Financing, Franchises

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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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NJ Supreme Court Holds Municipalities Can Be Sanctioned for Frivolous Litigation

Municipalities are not immune from sanctions under the state’s Frivolous Litigation Statute, the New Jersey Supreme Court has ruled in an appeal that stemmed from affordable housing litigation. In a unanimous decision, the… more

Affordable Housing, Appeals, Bad Faith, Litigation Strategies, Municipalities

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NJ Appellate Court Reaffirms Employees’ Right to Bring LAD Claims in Court

The New Jersey Appellate Division recently issued an important decision clarifying how claims brought under the Law Against Discrimination (LAD) interact with agency proceedings in employment matters. Specifically, it made two… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Appeals, Appellate Courts, Disability Discrimination

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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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Supreme Court Ruling on School Curriculum Puts Focus on Religious Opt Outs

On the final day of its term, the U.S. Supreme Court ruled that public schools must accommodate parents’ religious objections to certain instructional materials — in this case, LGBTQ+-inclusive storybooks used in elementary… more

Constitutional Challenges, First Amendment, LGBTQ, Mahmoud v Taylor, Opt-Outs

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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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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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Corporate Transparency Act Back in Effect: March 21 Is the New Deadline to File Beneficial Ownership Reports

The Corporate Transparency Act’s (CTA) reporting requirements are officially back in force, requiring non-exempt entities to disclose beneficial ownership information (BOI). This week, a Texas federal court lifted the last… more

Anti-Money Laundering, Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act

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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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Franchisors, Take Notes: New Developments and Compliance Process for the 2025 SBA Franchise Director

The SBA Franchise Directory is officially back online from June 1, 2025, and with it comes a series of critical updates for franchisors and franchisees discussed in the virtual briefing led by Stephen Olear, Senior Franchise… more

Certifications, Compliance, Federal Trade Commission (FTC), Filing Requirements, Franchise Disclosure Document

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Corporate Transparency Act Narrowed

The U.S. Treasury Department has significantly scaled back the reach of the Corporate Transparency Act (CTA). Under a new interim final rule released by Financial Crimes Enforcement Network (FinCEN), U.S.-formed companies are… more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, Final Rules

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Update: FAR 2.0 Parts 18, 39, and 43 Released

The Trump Administration, through the Office of Federal Procurement Policy, has revealed the next set of revised Federal Acquisition Regulation (FAR) sections as part of the Revolutionary FAR Overhaul (RFO): FAR Parts 18, 39,… more

Acquisition Agreements, Contract Disputes, Contract Modification, Disaster Aid, Federal Acquisition Regulations (FAR)

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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 Scales Back Damages for Frequency-of-Pay Violations

A recent change to New York labor law means employers will no longer face business-crippling lawsuits for minor frequency-of-pay mistakes, as long as they have not previously been found to have violated the state’s… more

Class Action, Damages, Employee Rights, Employment Litigation, Labor Law Violations

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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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NJDEP v. DuPont/Chemours PFAS Trial Continues/Public Comment Period on Proposed Comprehensive Settlement for 3M Expected to Commence July 7, 2025

On June 30, 2025 the next bench trial phase or “mini-trial” commences in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No. 19-cv-14766 (RMB/JBC) before the… more

Comment Period, DuPont, Environmental Litigation, Environmental Violations, Government Agencies

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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 Pauses Upcoming Increase to the Tipped Minimum Wage

The District of Columbia passed emergency legislation on June 3, 2025 that paused an increase to the tipped minimum wage from $10 per hour to $12 per hour, which was originally set to take effect on July 1, 2025. At least for… more

Employees, Employer Responsibilities, Labor Reform, Labor Regulations, Legislative Agendas

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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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Cannabis Companies Must Wait to Seek Relief From Section 280E, IRS Says

It is still too early for cannabis companies to try and take advantage of potential tax relief should the Justice Department (DOJ) reschedule cannabis under the Controlled Substances Act. In a recent news release, the Internal… more

Agribusiness, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Decriminalization of Marijuana, Department of Justice (DOJ)

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New Jersey’s New Pay Transparency Law: Guidance for Employers

Starting June 1, 2025, New Jersey employers will need to be transparent about employee compensation when posting new job openings and providing notice to existing employees of internal promotional opportunities. The additional… more

Compensation & Benefits, Corporate Counsel, Disclosure Requirements, Hiring & Firing, Job Promotions

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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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Washington State to Raise Capital Gains, Estate Tax Rates

By June 7, 2025, Gov. Bob Ferguson is expected to sign legislation into law that would increase funding for Washington State's Education Legacy Trust Account (ELTA) by raising the capital gains and estate tax rates… more

Capital Gains Tax, Estate Tax, Legislative Agendas, New Legislation, Proposed Legislation

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VFDs and the Veterinary Shortage

In April of 2024, the United States Food and Drug Administration (FDA) finalized new Guidance for Industry (GFI) #120: Veterinary Feed Directive Regulation Questions and Answers to inform industry stakeholders and small entities… more

Animal Drugs, Animal Food, Animal Health, Food and Drug Administration (FDA), Veterinarians

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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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NJ Supreme Court Holds Municipalities Can Be Sanctioned for Frivolous Litigation

Municipalities are not immune from sanctions under the state’s Frivolous Litigation Statute, the New Jersey Supreme Court has ruled in an appeal that stemmed from affordable housing litigation. In a unanimous decision, the… more

Affordable Housing, Appeals, Bad Faith, Litigation Strategies, Municipalities

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FCA 101: Knowledge

In this blog post, we will explore the knowledge element. Despite being a fraud statute, the FCA does not require specific intent to defraud the government to impose liability. Instead, the FCA defines culpable “knowing,” and… more

Fair Credit Reporting Act (FCRA), False Claims Act (FCA), Fraud, Reckless Disregard, Safeco Insurance Co of America v Burr

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Title IX Turbulence: Supreme Court Decision and Kansas Injunction Complicate School Compliance

This school year is off to a busy start as administrators wrestle with implementation of the new 2024 Title IX regulations. Schools are busy conducting training, making important decisions about policy, and navigating the legal… more

Civil Rights Act, Department of Education, Educational Institutions, Preliminary Injunctions, SCOTUS

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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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The IRS-ICE Tax Data Sharing Agreement: Practical Considerations

The IRS and ICE have signed a Memorandum of Understanding (MOU) that allows the IRS to share taxpayer information such as names, addresses, and tax data, with ICE for immigration-related criminal enforcement of individuals… more

Data Privacy, Department of Homeland Security (DHS), Enforcement Actions, Government Agencies, Immigrants

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A Primer on How to Deal with A.B. 1228 and the Fast Food Council’s Impact on Minimum Wage in the Golden State

A.B. 1228 is a controversial law in California that went into effect on September 28, 2023, which we initially covered, and does two main things. First, it increased the minimum wage for employees of a “National Fast Food… more

California, Department of Labor (DOL), Employee Rights, Employment Contract, Enforcement Actions

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Illinois Legislature Amends Biometric Privacy Law to Reduce Damages

The Illinois General Assembly recently approved significant changes to the Illinois Biometric Information Privacy Act (BIPA) to mitigate excessive damages. The bill, SB2979, responds to a suggestion made over a year ago by the… more

Amended Legislation, Biometric Information Privacy Act, Consent, Governor Pritzker, Illinois

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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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CMS Extends Deadline for All Skilled Nursing Facilities to Complete Required Off-Cycle Revalidation

Update: The Centers for Medicare & Medicaid Services has extended the deadline for skilled nursing facilities to submit information for the required off-cycle revalidation to May 1, 2025, regardless of when the facility received… more

Affordable Care Act, Business Ownership, Centers for Medicare & Medicaid Services (CMS), Filing Deadlines, Health Care Providers

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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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Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed

Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s request… more

Appeals, Appellate Courts, Child Custody, Disabilities, Divorce

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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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In Victory for Auto Dealers, Federal Court Strikes Down FTC’s CARS Rule

Auto dealers nationwide received good news Monday when the Fifth Circuit Court of Appeals struck down the CARS Rule, a set of regulations passed by the Federal Trade Commission (FTC) that would have imposed cumbersome reporting… more

Administrative Procedure Act, Appeals, CARS Rule, Competition, Consumer Protection Laws

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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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New Jersey Bankruptcy Courts Remain a Strong Option for Debtors Seeking to Obtain a Third-Party Release in a post-Purdue Pharma World Following the BowFlex Decision

The restructuring industry held its proverbial breath following the Supreme Court’s decision in Harrington v. Purdue Pharma L.P., which invalidated the nonconsensual third-party release in the debtors’ plan. While various… more

Bankruptcy Court, Chapter 11, Debtors, Harrington v Purdue Pharma L P, Liquidation

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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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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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Federal Circuit Revamps Obviousness Test for Design Patents

In a recent en banc panel decision, the U.S. Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Reasoning that the old test was “improperly rigid,” the Federal Circuit said… more

Appellate Courts, Design Patent, En Banc Review, Graham Factors, Inter Partes Review (IPR) Proceeding

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(Apparent) Litigation by Ambush is Not a Good Tactic in the Business Court

Prevailing at summary judgment is rare. Prevailing when there are competing motions on the same issue (fraud) is even rarer. In this opinion, Judge Davis granted the Defendants’ motion and denied the Plaintiff’s, ending the… more

Billing, Credibility, Evidence, Fraud, Overpayment

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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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Trump May Revive Effort to Close Carried Interest Loophole

President Trump is meeting with Republican lawmakers to discuss potential tax code changes, including a proposal to eliminate the carried interest tax break. White House Press Secretary Karoline Leavitt announced the discussions… more

Capital Gains, Carried Interest, Corporate Taxes, Income Taxes, Internal Revenue Code (IRC)

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FBAR: The Eleventh Circuit Holds That Willful FBAR Penalties are Subject to the Eighth Amendment Creating Circuit Split

For years, FBAR litigants have made the commonsense argument that large willful FBAR penalties, which can exceed the value of the unreported foreign accounts themselves, violate the excessive fines clause of the Eighth… more

Eighth Amendment, Excessive Fines Clause, FBAR, Foreign Bank Accounts, Internal Revenue Code (IRC)

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New USPTO Guidance Describes Patent Eligibility for Inventions That Use AI

The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. The… more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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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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The Presumption of Innocence Podcast: Special Edition | Episode 36 - Rolling Change: The DEA Turns Over a New Leaf on Marijuana Scheduling

The U.S. Drug Enforcement Administration (DEA) triggered high hopes when it recently announced it wants to accept the U.S. Department of Health and Human Services’ recommendation to reschedule marijuana from Schedule I to… more

Cannabis Products, Controlled Substances, Controlled Substances Act, DEA, Decriminalization of Marijuana

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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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Trump Executive Order Targets Trucking Industry With English Proficiency Requirement for Drivers

President Trump has instructed the U.S. Department of Transportation (DOT) to reinstate federal enforcement of English-language proficiency requirements for commercial truck drivers — a move that could lead to significant… more

Americans with Disabilities Act (ADA), Commercial Truck Drivers, Department of Transportation (DOT), Employment Discrimination, Enforcement Actions

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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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Prepare Now for Changes to the Minnesota Business Corporation Act

Minnesota corporations should review their articles and bylaws to determine whether they should be updated in light of recently enacted amendments to the Minnesota Business Corporation Act (MBCA), which take effect on Aug. 1,… more

Board of Directors, Business Entities, Bylaws, Corporate Governance, Filing Requirements

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Sticker Shock at Closing Tables for Dealership Sellers

Selling an auto dealership in New Jersey just got more expensive — and more complicated. As of July 10, 2025, changes to New Jersey’s so-called “Mansion Tax” have shifted the burden of this transfer tax onto the seller. A new… more

Car Dealerships, Closing Costs, Commercial Real Estate Market, New Jersey, New Legislation

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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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USPTO to Expedite Patent Issuance

The U.S. Patent and Trademark Office (USPTO) announced today that effective May 13, 2025, the time between an Issue Notification and issue date of a U.S. patent will be reduced to about one week. Currently, it takes three weeks… more

Filing Deadlines, Filing Requirements, Government Agencies, Inventions, New Regulations

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Illinois Legislature Amends Biometric Privacy Law to Reduce Damages

The Illinois General Assembly recently approved significant changes to the Illinois Biometric Information Privacy Act (BIPA) to mitigate excessive damages. The bill, SB2979, responds to a suggestion made over a year ago by the… more

Amended Legislation, Biometric Information Privacy Act, Consent, Governor Pritzker, Illinois

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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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Trio of Trump Executive Orders Take Aim at DEI and Gender Policies

The Trump Administration has issued three executive orders (EOs) aimed at eliminating from the federal government certain diversity, equity and inclusion (DEI) and gender ideology policies and programs that the administration… more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Department of Labor (DOL)

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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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Connecticut AG Announces $85,000 CTDPA Fine

Connecticut Attorney General William Tong recently announced his office’s first enforcement action for violations of the Connecticut Data Privacy Act. “This law has now been in effect for two years,” Tong said in a statement,… more

Attorney General, Compliance, Connecticut, Consumer Privacy Rights, Data Privacy

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16 State Attorneys General Offer Guidance on DEI Policies Amid Federal Scrutiny

The attorneys general from 16 states have issued a joint guidance letter in response to orders and statements from the Trump administration, including a memorandum from the U.S. Department of Justice (DOJ) titled “Ending Illegal… more

Anti-Discrimination Policies, Civil Rights Act, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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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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USPTO to Expedite Patent Issuance

The U.S. Patent and Trademark Office (USPTO) announced today that effective May 13, 2025, the time between an Issue Notification and issue date of a U.S. patent will be reduced to about one week. Currently, it takes three weeks… more

Filing Deadlines, Filing Requirements, Government Agencies, Inventions, New Regulations

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Developer's Plan Rejected for Improper Use of Open Space

A recent decision by the Commonwealth Court of Pennsylvania illustrates why the requirements of a zoning code should not be read in a vacuum. The court ruled that a developer's 41-townhome project was properly rejected by… more

Land Developers, Local Ordinance, Urban Planning & Development, Zoning Laws

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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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NJ Appellate Court Outlines LLCs' Path to Rescind Erroneous Certificates of Dissolution

A recent New Jersey appellate decision underscores the need for the leaders of limited liability companies (LLCs) to consider how to eliminate the risk of fraudulent, inaccurate or mistaken filings by former members and… more

Appellate Courts, Dissolution, Former Employee, Fraud, Limited Liability Company (LLC)

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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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Antidumping Petition Targets Rebar Imports from Algeria, Bulgaria, Egypt and Vietnam

A newly filed trade petition could lead to heavy tariffs on U.S. imports of steel concrete reinforcing bar — known as rebar — from Algeria, Bulgaria, Egypt, and Vietnam. The petition was filed with both the U.S. Department of… more

Algeria, Anti-Dumping Duty, Bulgaria, Countervailing Duties, Egypt

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New York’s Climate Change Superfund Act: What You Need to Know

On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,… more

CERCLA, Climate Change, Environmental Litigation, Environmental Policies, Fossil Fuel

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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 Common Income Sources in Complex Child Support Cases

Income from all sources is considered when calculating a monthly child support amount under the Pennsylvania Support Guidelines. Some child support cases are complex because a party has different sources of income beyond W-2… more

Capital Gains, Child Support, Divorce, Income Taxes, Investment

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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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California to Regulate Use of AI in Employment Starting October 1, 2025

Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume… more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), California, Corporate Counsel

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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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Trump Administration’s Proposed Health Care Cuts Pose Risks to Distressed Providers

Last week, the Trump administration and Congress proposed spending cuts that if enacted are likely to affect federally funded health insurance programs such as Medicaid and the Affordable Care Act (ACA). These cuts could disrupt… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Commercial Bankruptcy, Department of Health and Human Services (HHS), Federal Funding

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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 Jersey Regulates Intoxicating Hemp Products

Businesses selling intoxicating hemp products in New Jersey without a cannabis license could soon face significant fines. Governor Phil Murphy signed Senate Bill No. 3235 on Sept. 12, 2024, regulating intoxicating hemp products… more

Cannabis Products, Governor Murphy, Hemp, Intoxication, Licenses

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President Trump Sacks DEI Programs: Key Considerations for California Employers

Since re-taking the White House 11 days ago, President Donald J. Trump has taken dramatic steps to dismantle DEI (diversity, equity, and inclusion) programs in workplaces nationwide. President Trump’s executive orders targeting… more

Affirmative Action, California, Compliance, Discrimination, Diversity and Inclusion Standards (D&I)

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Courts Find Airbnb Rentals Not Barred by Restrictive Covenant

A homeowners’ association has lost its battle to enforce a restrictive covenant against an owner who began renting his property on a short-term basis to private parties through his own website and third-party rental sites,… more

AirBnB, Condominium Associations, Homeowners Association (HOA), Rental Property, Short-Term Lease

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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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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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Update: FAR 2.0 Parts 18, 39, and 43 Released

The Trump Administration, through the Office of Federal Procurement Policy, has revealed the next set of revised Federal Acquisition Regulation (FAR) sections as part of the Revolutionary FAR Overhaul (RFO): FAR Parts 18, 39,… more

Acquisition Agreements, Contract Disputes, Contract Modification, Disaster Aid, Federal Acquisition Regulations (FAR)

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Taxpayer Advocate Offers Candid Assessment of State of IRS Workforce and Other Challenges Facing the New IRS Commissioner

The National Taxpayer Advocate has released her Fiscal Year 2026 Objectives Report to Congress, a statutorily-required annual report outlining the objectives of the Office of the Taxpayer Advocate for the upcoming fiscal year… more

Audits, Budget Cuts, Budgets, Criminal Investigations, Employees

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New York City Implements New Prenatal Leave Policy, Notice and Paystub Requirements for Employers

New York City has recently updated its Earned Safe and Sick Time Act (ESSTA) Rules and Frequently Asked Questions to address the requirements of the New York State Prenatal Leave law. As discussed in our prior alerts in April… more

Earned Sick Time, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

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Help Wanted: Chief Justice’s Commission on Professionalism Seeks Appellate Attorneys as Moot Court Mentors

This year, the North Carolina Mock Trial Program, in conjunction with the Chief Justice’s Commission on Professionalism (CJCP) and the May 20th Society, will offer the chance to learn about our State’s rich history and our court… more

Appeals, Appellate Courts, Hiring & Firing, Judges, Legal Ethics

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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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OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of Interest

The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the procuring… more

Administrative Procedure Act, Appeals, Bid Protests, Conflicts of Interest, Contract Disputes

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Senate Sidelines Tax on Litigation Finance, But the Fight Goes On

For now, litigation finance funders can exhale. A proposed tax on profits — initially 40.8%, later revised to 31.8% — has been stripped from the Senate’s sweeping tax and spending bill, dubbed the “One Big Beautiful Bill.”… more

Byrd Amendment, Disclosure Requirements, Financial Services Industry, Investors, Lobbying

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Antidumping Petition Targets Rebar Imports from Algeria, Bulgaria, Egypt and Vietnam

A newly filed trade petition could lead to heavy tariffs on U.S. imports of steel concrete reinforcing bar — known as rebar — from Algeria, Bulgaria, Egypt, and Vietnam. The petition was filed with both the U.S. Department of… more

Algeria, Anti-Dumping Duty, Bulgaria, Countervailing Duties, Egypt

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Washington State to Raise Capital Gains, Estate Tax Rates

By June 7, 2025, Gov. Bob Ferguson is expected to sign legislation into law that would increase funding for Washington State's Education Legacy Trust Account (ELTA) by raising the capital gains and estate tax rates… more

Capital Gains Tax, Estate Tax, Legislative Agendas, New Legislation, Proposed Legislation

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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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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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New Year, New HIPAA Security Rules Headed Your Way

What better way to welcome the new year than with proposed new HIPAA Security Rules? As 2024 came to an end, the U.S. Department of Health and Human Services announced new proposed regulations to strengthen cybersecurity and… more

Artificial Intelligence, Covered Entities, Cybersecurity, Data Breach, Data Privacy

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U.S. Supreme Court Rejects Heightened Standard of Proof in So-Called 'Reverse Discrimination' Cases

The U.S. Supreme Court set the record straight on June 5, 2025 — reminding employers that all employees are created equal when it comes to Title VII litigation in federal court. The decision in Ames v. Ohio Department of… more

Anti-Discrimination Policies, Burden of Proof, Employer Liability Issues, Employment Discrimination, Employment Litigation

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PA Office of Open Records Affirms Human Relations Commission Investigations Are Not Subject to Public Disclosure

The Pennsylvania Office of Open Records (OOR) has determined that investigations of alleged discrimination by the Pennsylvania Human Relations Commission (PHRC) are “noncriminal investigations,” and that associated records are… more

Disclosure, Discrimination, Investigations, Open Records, Pennsylvania

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DOJ Targets DEI Programs with False Claims Act Enforcement

The U.S. Department of Justice (DOJ) is raising the stakes with a broad new initiative targeting what it calls “illegal DEI.” In a May 19, 2025 internal memorandum, Deputy Attorney General Todd Blanche outlines a Civil Rights… more

Anti-Discrimination Policies, Colleges, Department of Education, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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NJ Appellate Court Outlines LLCs' Path to Rescind Erroneous Certificates of Dissolution

A recent New Jersey appellate decision underscores the need for the leaders of limited liability companies (LLCs) to consider how to eliminate the risk of fraudulent, inaccurate or mistaken filings by former members and… more

Appellate Courts, Dissolution, Former Employee, Fraud, Limited Liability Company (LLC)

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Court Holds Character of Neighborhood and Zoning District Is an Objective, Not Subjective Standard

In a ruling that reinforces the importance of neighborhood compatibility in zoning decisions, the Pennsylvania Commonwealth Court upheld the denial of a special exception for a proposed gun range. In Cogan Properties, LLC v… more

Local Ordinance, Pennsylvania, Real Estate Development, Zoning Laws

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House and Senate Overtime and Tip Tax Proposals: What Employers Need to Know

Competing House and Senate bills have the potential to reshape how the IRS taxes tips and overtime wages. The Senate recently passed the “No Tax on Tips Act” while the House budget reconciliation bill proposes deductions for tip… more

Fair Labor Standards Act (FLSA), Income Taxes, New Legislation, Over-Time, Payroll Taxes

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NLRB Issues Labor-Friendly Decisions on ‘Captive Audience’ Meetings, Employer Statements on Unionization

Reversing established precedent that has stood for decades, two recent decisions by the National Labor Relations Board make it increasingly difficult for employers to make the argument to workers that unionization is not in… more

Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations, NLRA

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Two business court rulings offer insights on trade secret pleadings, employment agreements, and credibility

Maven Advantage, Inc. and Square One Storm Restoration, LLC are competing roofing businesses. Maven alleged that two employees (Couch and Daniels) stole Maven’s trade secrets (customer lists) and then quit to work for Square… more

Breach of Contract, Business Litigation, Confidential Information, Employment Litigation, Motion to Dismiss

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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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Texas Supreme Court Reverses Liability Finding Against Franchisor

A recent Texas Supreme Court decision fully overturned a jury’s finding that a franchisor was liable for the criminal actions of a franchisee’s employee. This decision underscores the importance of a franchisor having clearly… more

Appeals, Business Litigation, Contract Disputes, Damages, Employer Liability Issues

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Observations Regarding EPA’s Recently Announced PFAS Plans

EPA Administrator Lee Zeldin recently issued a press release that “Announces Major EPA Actions to Combat PFAS Contamination.” As we generally expected, the announcement did not include plans to rescind Biden-era PFAS rules or… more

Biden Administration, Chemicals, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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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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The Growing Role of Advanced Practice Providers in the Healthcare Industry

As healthcare systems continue to adapt to an evolving landscape, the role of Advanced Practice Providers (APPs) has become increasingly important. APPs include nurse practitioners (NPs), clinical nurse specialists (CNSs),… more

Health Care Providers, Healthcare, Healthcare Workers, Nurse Practitioners, Physician Assistants

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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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Changing Landscape: Increasing Scrutiny and Regulation of Health Care Transactions Despite the California AB 3129 Veto

California Assembly Bill 3129 (“AB 3129”) would have targeted private equity and hedge fund investment in health care entities specifically. It would have required private equity and hedge fund groups to provide 90 days… more

California, Healthcare Facilities, Hedge Funds, Pre-Closing Issues, Private Equity

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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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The New York City Fair Chance for Housing Act: What You Need to Know

New York City’s Fair Chance for Housing Act went into effect Jan. 1, 2025. It is intended to address discrimination against individuals with a criminal history in the housing application process. The Act requires all… more

Anti-Discrimination Policies, City of New York, Community Associations, Condominiums, Criminal Background Checks

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PA Creates $100 Million Fund for Cellphone Lockup Programs in Schools

A law signed on Monday by Pennsylvania Gov. Josh Shapiro allocates $100 million to the School Safety & Mental Health grant program that can be used by schools to purchase secure, lockable smartphone bags students will use to… more

Cell Phones, Charter Schools, Grants, Mental Health, Pennsylvania

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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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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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Update: FAR 2.0 Parts 18, 39, and 43 Released

The Trump Administration, through the Office of Federal Procurement Policy, has revealed the next set of revised Federal Acquisition Regulation (FAR) sections as part of the Revolutionary FAR Overhaul (RFO): FAR Parts 18, 39,… more

Acquisition Agreements, Contract Disputes, Contract Modification, Disaster Aid, Federal Acquisition Regulations (FAR)

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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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Fox Pridecast: Celebrating Pride Month

In celebration of Pride Month, this special edition podcast brings together Brian McGinnis and Colleen McGarry for a personal and candid conversation on the progress made for inclusivity and equality for the LGBTQ community and… more

Community Development, Diversity, Diversity and Inclusion Standards (D&I), LGBTQ

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U.S. Supreme Court Rejects Heightened Standard of Proof in So-Called 'Reverse Discrimination' Cases

The U.S. Supreme Court set the record straight on June 5, 2025 — reminding employers that all employees are created equal when it comes to Title VII litigation in federal court. The decision in Ames v. Ohio Department of… more

Anti-Discrimination Policies, Burden of Proof, Employer Liability Issues, Employment Discrimination, Employment Litigation

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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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After the Accident: A Lot of Moving Parts

In this installment of our Aviation Symposium series of blog posts, we present the materials from the panel “Behind the Crash: Working Effectively with the NTSB, FAA, Unions, Media, Families, Employees, Who Does What!” The… more

Accident Reports, Airlines, Aviation Industry, Emergency Response, Federal Aviation Administration (FAA)

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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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Proposed Rules Would Eliminate Most Affirmative Action Requirements for Federal Contractors

In a sweeping shift, the Department of Labor (DOL) has proposed to rescind nearly all affirmative action requirements that apply to federal contractors under EO 11246 and Section 503. The changes, outlined in recent Notices… more

Affirmative Action, Americans with Disabilities Act (ADA), Department of Labor (DOL), Discrimination, EEO-1

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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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Trio of Trump Executive Orders Take Aim at DEI and Gender Policies

The Trump Administration has issued three executive orders (EOs) aimed at eliminating from the federal government certain diversity, equity and inclusion (DEI) and gender ideology policies and programs that the administration… more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Department of Labor (DOL)

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Driving Up Costs? Trump’s New 25% Tariff Hits Imported Cars and Parts

The Trump administration has announced a 25% tariff on imported passenger vehicles and auto parts — on top of existing duties — potentially reshaping pricing, sourcing and production strategies across the auto industry. The… more

Automotive Industry, Imports, Manufacturers, National Security, Supply Chain

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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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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 State to Raise Capital Gains, Estate Tax Rates

By June 7, 2025, Gov. Bob Ferguson is expected to sign legislation into law that would increase funding for Washington State's Education Legacy Trust Account (ELTA) by raising the capital gains and estate tax rates… more

Capital Gains Tax, Estate Tax, Legislative Agendas, New Legislation, Proposed Legislation

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Federal Oversight of Schools Is Changing, But Not Gone

The long-rumored plan to dismantle the U.S. Department of Education (DOE) took a formal step forward on March 20, 2025, when President Trump signed an Executive Order calling for the agency’s closure. While headlines suggest a… more

Compliance, Department of Education, Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions

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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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Trump Executive Order Targets Trucking Industry With English Proficiency Requirement for Drivers

President Trump has instructed the U.S. Department of Transportation (DOT) to reinstate federal enforcement of English-language proficiency requirements for commercial truck drivers — a move that could lead to significant… more

Americans with Disabilities Act (ADA), Commercial Truck Drivers, Department of Transportation (DOT), Employment Discrimination, Enforcement Actions

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AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a copyright… more

Algorithms, Appeals, Artificial Intelligence, Authorship, Copyright

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At Stake - June 5, 2025

The Illinois Gaming Board (IGB) held its monthly meeting on Thursday, June 5, 2025. The meeting was hybrid with in-person accessibility at 160 N. LaSalle St., 5th Floor Auditorium and availability via livestream. Board members… more

Casinos, Gambling, Gaming, Government Agencies, Illinois

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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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Nonprofits and Donors Face New Tax Rules as Congress Passes Landmark Bill

Congress has officially passed the One Big Beautiful Bill Act, a sprawling piece of tax legislation with major implications for nonprofit organizations and their supporters. While some of the most controversial proposals were… more

501(c)(3), Charitable Donations, Endowment Funds, Excise Tax, Executive Compensation

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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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New NLRB Counsel Overturns Biden-Era Policies, Signaling Pro-Employer Shift

With one stroke of his pen, the National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions… more

Biden Administration, Employee Rights, Employees, Employment Policies, Federal Labor Laws

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AI Talk With Juliana Neelbauer - Episode Three - Cybersecurity Insurance: Coverage Challenges and Changes

In the second part of their conversation, Ralph Pasquariello, a Senior Partner and cyber liability specialist at The Tech Collective, joins host Juliana Neelbauer to discuss the various reasons for the rapid changes in cyber… more

Artificial Intelligence, Cyber Insurance, Cyber Threats, Cybersecurity, Data Protection

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Does a Dissenting Opinion Control the Supreme Court?

A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed an automatic right of appeal to the Supreme Court of… more

Appeals, Appellate Courts, Conversion, Dissenting Opinions, NC Supreme Court

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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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Supreme Court Rejects TRUMP TOO SMALL Trademark

“TRUMP TOO SMALL”- This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back in January 2018, during the Trump presidency. Since… more

CAFC, Donald Trump, First Amendment, Lanham Act, SCOTUS

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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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IRS Agrees to Share Taxpayer Return Info with ICE

An agreement between the IRS and U.S. Immigration and Customs Enforcement (ICE) allows immigration officers to access certain taxpayer return information during criminal investigations. The move may raise concerns for taxpayers… more

Data Privacy, Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Immigration and Customs Enforcement (ICE)

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Update on Outbound U.S. Investment Restrictions and Export Controls

New U.S. investment and export control measures are shaping how businesses engage with foreign markets, particularly China. From limiting outbound investments to tightening export licenses, these evolving policies from the Trump… more

CFIUS, China, Export Controls, Foreign Investment, Investment

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New California Law Empowers Employers to Seek Restraining Orders for Third Party Harassment, Not Just Violence or Threats, in the Workplace

Consider the following scenarios: A customer repeatedly enters your company’s workplace, berates your employees, uses profanity, and then leaves. (Let’s call her “Cruella.”) Or perhaps a customer consistently comes in and asks… more

California, Employee Rights, Employer Responsibilities, Employment Policies, Harassment

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Bid Protest Insights – Understanding Price Realism in Compensation Plans

Price realism challenges stand out as a common basis for bid protests in federal procurements. A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price realism… more

Bid Protests, Compensation, Contract Disputes, Contract Terms, Department of Defense (DOD)

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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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Trump Administration’s Proposed Health Care Cuts Pose Risks to Distressed Providers

Last week, the Trump administration and Congress proposed spending cuts that if enacted are likely to affect federally funded health insurance programs such as Medicaid and the Affordable Care Act (ACA). These cuts could disrupt… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Commercial Bankruptcy, Department of Health and Human Services (HHS), Federal Funding

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Knowledge [Literally] Pays: Important Considerations for Massachusetts Employers

Massachusetts is one of the most employee-friendly states in the nation when it comes to wage-and-hour laws. While the federal minimum wage is only $7.25 per hour, Massachusetts currently requires most employers to pay a $15.00… more

Class Action, Damages, Employee Benefits, Employee Rights, Employer Responsibilities

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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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New Jersey Businesses With More Than 25 Employees Must Soon Offer Retirement Savings Plans

New Jersey businesses with at least 25 employees will soon need to prove they are providing their employees company-sponsored retirement savings plans or will need to register for a state-administered retirement savings program… more

Employee Benefits, Individual Retirement Account (IRA), New Jersey, Retirement Plan, Wage and Hour

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California Court Rules in Favor of Prospective Meal Period Waivers for Employers

In a significant ruling for employers, the California Court of Appeal has validated the use of “prospective” meal period waivers, allowing workers to voluntarily waive their meal breaks in advance, under certain conditions. The… more

Appeals, California, Class Action, Corporate Counsel, Employee Rights

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FTC’s Unfair/Deceptive Fees Rule Takes Effect

The Federal Trade Commission’s (FTC) Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464, is effective as of May 12, 2025. According to the FTC’s recent press release, the Rule “prohibits bait-and-switch pricing and other… more

Advertising, Consumer Protection Laws, Disclosure Requirements, Entertainment Industry, Federal Trade Commission (FTC)

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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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Compliance with HIPAA’s New Protections for Reproductive Health Privacy: What Covered Entities and Business Associates Need to Know Now

On April 26, 2024, the U.S. Department of Health and Human Services (“HHS”) issued new reproductive healthcare rules, which will go into effect on December 23, 2024. The underlying goals of these rules are to ensure individuals… more

Attestation Requirements, Compliance, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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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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Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation

EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of Appeals… more

Appeals, CERCLA, Environmental Litigation, Environmental Protection Agency (EPA), Hazardous Substances

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Corporate Transparency Act Narrowed

The U.S. Treasury Department has significantly scaled back the reach of the Corporate Transparency Act (CTA). Under a new interim final rule released by Financial Crimes Enforcement Network (FinCEN), U.S.-formed companies are… more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, Final Rules

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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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Real Estate Sellers Face Increased Burden Under New Jersey’s Amended 'Mansion Tax'

New Jersey has increased its so-called "mansion tax" and shifted the party who must pay the fee from the buyer to the seller. The tax has a substantial impact on owners of New Jersey real estate, but despite its expansive reach,… more

Commercial Property Owners, New Jersey, New Legislation, Property Tax, Real Estate Market

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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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New 25% Tariffs on Steel and Aluminum Take Effect March 12: What You Need to Know

President Trump issued a Proclamation that expands the 25% tariffs on steel and steel derivatives, first imposed in 2018 under Section 232 of the Trade Expansion Act of 1962. Aluminum and aluminum derivatives will also now face… more

China, EU, Imports, International Trade, Japan

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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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DOJ Announces New Civil Rights Fraud Initiative Targeting DEI

Deputy Attorney General Todd Blanche issued a memo on May 19, 2025, announcing the DOJ’s establishment of the Civil Rights Fraud Initiative. The initiative will “utilize the False Claims Act to investigate and, as appropriate,… more

Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Executive Orders

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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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Notice of Survivors of Violence and Family Members of Victims Right to Leave and Accommodations

The Civil Rights Department has just released the new required notice for California’s Victim-of-Violence Leave (AB 2499) that took effect on January 1, 2025. It layers fresh obligations onto employers, especially those with 25… more

Anti-Retaliation Provisions, California, California Family Rights Act (CFRA), Domestic Violence, Employee Benefits

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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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Enforcement Priorities of the Second Trump Administration: The False Claims Act

The Deputy Attorney General of the United States has made it clear that the Department of Justice intends to enforce the False Claims Act (FCA) in a way it never has before: in the pursuit of civil rights fraud. Listen as host… more

Civil Rights Act, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, False Claims Act (FCA)

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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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The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar Criminal Defense Law

From circuit courts to the Supreme Court, rulings from appellate courts have turned some tried-and-true principles of law on their head in 2024. How have the decisions affected the practice of white-collar criminal defense law?… more

Appellate Courts, Compliance, Criminal Investigations, Defense Strategies, Department of Justice (DOJ)

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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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IRS Agrees to Share Taxpayer Return Info with ICE

An agreement between the IRS and U.S. Immigration and Customs Enforcement (ICE) allows immigration officers to access certain taxpayer return information during criminal investigations. The move may raise concerns for taxpayers… more

Data Privacy, Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Immigration and Customs Enforcement (ICE)

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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 Scales Back Damages for Frequency-of-Pay Violations

A recent change to New York labor law means employers will no longer face business-crippling lawsuits for minor frequency-of-pay mistakes, as long as they have not previously been found to have violated the state’s… more

Class Action, Damages, Employee Rights, Employment Litigation, Labor Law Violations

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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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Wolfspeed, Durham-Based Semiconductor Producer, Fighting Financial Peril in the Market and Employee Exits in the Courts

Wolfspeed, a Durham-based silicon carbide semiconductor business, has plenty on its plate these days amid media reports of an impending bankruptcy reorganization. While such a filing would be aimed at a short(ish) judicial stay,… more

Business Court, Business Litigation, Employee Rights, Employment Contract, Employment Litigation

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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 2025

PFAS-related litigation continues to climb and to diversify as to claims and parties.  See the attached graphics, updated through the first quarter of 2025.  We will continue to update these graphics on a quarterly basis… more

Contamination, Drinking Water, Environmental Litigation, Government Agencies, Hazardous Substances

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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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Two business court rulings offer insights on trade secret pleadings, employment agreements, and credibility

Maven Advantage, Inc. and Square One Storm Restoration, LLC are competing roofing businesses. Maven alleged that two employees (Couch and Daniels) stole Maven’s trade secrets (customer lists) and then quit to work for Square… more

Breach of Contract, Business Litigation, Confidential Information, Employment Litigation, Motion to Dismiss

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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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Proposed Rules Would Eliminate Most Affirmative Action Requirements for Federal Contractors

In a sweeping shift, the Department of Labor (DOL) has proposed to rescind nearly all affirmative action requirements that apply to federal contractors under EO 11246 and Section 503. The changes, outlined in recent Notices… more

Affirmative Action, Americans with Disabilities Act (ADA), Department of Labor (DOL), Discrimination, EEO-1

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Trade Secret Litigation: What You Need to Know

In today’s highly competitive business environment, it is crucial for a company to safeguard its intellectual property to maintain a competitive edge and ensure long-term success. But what is the best way to do that? Patents… more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Patent Litigation, Patents

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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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Auto Dealers Face Deadline to Submit Claims in $129.5 Million Class Action Settlement

U.S. auto dealers have until Jan. 9, 2025 to submit a claim in the recent $129.5 million class action lawsuit settled by CDK Global, LLC (CDK) and The Reynolds and Reynolds Company (Reynolds). The deadline to object to the fee… more

Antitrust Violations, Car Dealerships, Class Action, Class Action Settlement, Class Members

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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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Stopping ‘Dexit': Delaware Makes Significant Changes to Its General Corporation Law

In an effort to maintain its status as the leading state for incorporation, Delaware has made historic and significant changes to its General Corporation Law (DGCL) that make it more difficult for shareholders to challenge… more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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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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Influencer Aesthetic Dispute Resolves by Voluntarily Dismissal

What has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”) with prejudice. The suit… more

Advertising, Copyright Infringement, Copyright Litigation, Dismissals, Influencers

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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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End of Semaglutide Shortage Means Big Changes for Prescribers and Compounders

On February 21, the FDA announced that the shortage of semaglutide injection products has been resolved. Semaglutide has appeared on the FDA’s Drug Shortage List since 2022 because demand for the drug exceeded the available… more

Compliance, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health Care Providers

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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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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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The New York City Fair Chance for Housing Act: What You Need to Know

New York City’s Fair Chance for Housing Act went into effect Jan. 1, 2025. It is intended to address discrimination against individuals with a criminal history in the housing application process. The Act requires all… more

Anti-Discrimination Policies, City of New York, Community Associations, Condominiums, Criminal Background Checks

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The New York City Fair Chance for Housing Act: What You Need to Know

New York City’s Fair Chance for Housing Act went into effect Jan. 1, 2025. It is intended to address discrimination against individuals with a criminal history in the housing application process. The Act requires all… more

Anti-Discrimination Policies, City of New York, Community Associations, Condominiums, Criminal Background Checks

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EPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage Sludge

On January 15, 2025, the United States Environmental Protection Agency (EPA) released a Draft “Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public comment. EPA… more

Clean Water Act, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Public Comment

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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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Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.

Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions includes a Masterclass… more

Appeals, Appellate Courts, Business Litigation, Judgment Notwithstanding the Verdict (JNOV), Litigation Strategies