Lathrop GPM

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2345 Grand Blvd.
Suite 2200
Kansas City, MO 64108, United States
Phone: 816.292.2000
Fax: 816.292.2001
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Illinois
  • Kansas
  • Massachusetts
  • Minnesota
  • Missouri
  • North Dakota
  • Texas
Number of Attorneys
200+ Attorneys

Beneficial Ownership Information Rules and Regulations: How It May Impact You

On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued a final rule (the “Rule”), the first of three planned rulemakings implementing the beneficial ownership information reporting rules of the…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Final Rules

See all updates »

Extension of SEC Filing Requirements; Annual Meetings

Extension of SEC Filing Deadlines. On March 25, 2020, the Securities and Exchange Commission (SEC) issued an order (the “March 25 Order”) providing a 45-day extension of the filing deadlines for certain reporting obligations of…more

Coronavirus/COVID-19, Corporate Governance, Relief Measures, Securities and Exchange Commission (SEC), Time Extensions

See all updates »

Beyond Non-Competes: New MN Law Bans Non-Solicitation by Service Providers

Following a statewide ban on employment non-compete agreements that went into effect in 2023, a new Minnesota law that took effect on July 1, 2024, has expanded the state’s limitations on restrictive employment covenants, now…more

Effective Date, Governor Walz, Health Care Providers, Healthcare Facilities, Management Agreements

See all updates »

California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”

In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property…more

Appellate Courts, Denial of Insurance Coverage, Homeowners, Insurance Claims, Insurance Litigation

See all updates »

Ohio Federal Court Dismisses Perpetrator Liability Sex Trafficking Claims Against Hotel Defendants, Allows Vicarious Liability Claims to Proceed

A federal court in Ohio recently granted, in part, defendants’ motion to dismiss various TVPRA claims and denied their motion to transfer in a suit concerning alleged sex trafficking at two Red Roof Inn locations in Virginia…more

Choice-of-Venue, Dismissals, Employer Liability Issues, Federal Court Litigation, Franchises

See all updates »

New Click-To-Cancel FTC Rule Carries New Rules, Hefty Penalties for Violations

Attention, any companies that sell direct to consumers: the FTC has announced a new final rule requiring businesses to make it easier for consumers to opt-out and cancel subscriptions. Businesses will have 180 days to comply…more

Automatic Renewals, Cancellation Rights, Compliance, Consumer Contracts, Direct to Consumer Sales

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EPA Unveils New Proposed National Limits for PFAS in Drinking Water

On March 14, EPA released its long-awaited proposed rule limiting concentrations of six per- and polyfluoroalkyl substances (PFAS) or “forever chemicals,” in public drinking water. The proposed rule would set a legally…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental…more

ASTM, Brownfield Properties, CERCLA, Contamination, Discharge of Pollutants

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Executive Orders, Actions, Agency Regulations, and Congressional Legislation - How They Differ and Why It Matters

President Trump issued more than 70 Executive Orders in the first 30 days of his new administration – nearly twice the amount his closest competitor (President Biden) issued in his first 100 days. These Executive Orders have…more

Article II, Biden Administration, Constitutional Challenges, Executive Authority, Executive Orders

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Second Circuit Affirms Dismissal of New York Dealer Act Claims

The Second Circuit recently affirmed the dismissal of claims under the New York Franchised Motor Vehicle Dealer Act and various contract claims. Garrand Bros. LLC v. Am. Honda Motor Co., 2024 WL 4691004 (2d Cir. Nov. 6, 2024)…more

Car Dealerships, Commercial Contracts, Contract Terms, Dismissals, Franchises

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Flying Through the Whirlwind: Health Care Industry Continues To Be Buffeted as Administration Rolls Out New Initiatives

Health care providers and payers have been subject to a flurry of developments at the federal level in recent weeks. Considering that health care represents almost 18% of the U.S. gross domestic product, this was perhaps…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Executive Orders, Final Rules, Healthcare Reform

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Estate Tax Sunset Encourages Strategic Asset Retitling

Current tax laws provide historically high exclusion amounts for the federal estate and generation skipping transfer tax. These exclusion amounts, however, are slated to sunset by roughly 50% at the end of 2025…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, IRS

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Missouri Governor Signs Bill on COVID-19 Civil Actions

On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the…more

Civil Liability, Coronavirus/COVID-19, Damages, Governor Parson, Health Care Providers

See all updates »

Beyond Non-Competes: New MN Law Bans Non-Solicitation by Service Providers

Following a statewide ban on employment non-compete agreements that went into effect in 2023, a new Minnesota law that took effect on July 1, 2024, has expanded the state’s limitations on restrictive employment covenants, now…more

Effective Date, Governor Walz, Health Care Providers, Healthcare Facilities, Management Agreements

See all updates »

Estate Planning after The Tax Cuts and Jobs Acts of 2017

The Tax Cuts and Jobs Act of 2017 (the “Act”) doubled the amount of property that an individual can transfer without incurring federal estate, gift or generation-skipping transfer tax (“Exemption Amount”) from $5,490,000 in 2017…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Cuts and Jobs Act

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Missouri Aims to Weed out Meritless Punitive Damage Claims and Reign in Consumer Protection Claims

Last week, the Missouri General Assembly passed and sent to Governor Mike Parson the latest bill advancing the state’s ongoing tort reform. Senate Bill No. 591 is widely considered to be a win for corporate defendants statewide…more

Governor Parson, Legislative Agendas, Pending Legislation, Tort Reform

See all updates »

Rollover Equity in a Sale to a Private Equity Firm: Seller’s Concerns

When a private equity (PE) firm acquires a closely held business, it is quite common for the seller to roll over some of its equity into equity in the entity (the “Company”) that is acquiring the business. If the seller has…more

Acquisitions, Investors, Mergers, Private Equity, Private Equity Firms

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Missouri Federal Court Opens Door to COVID-19 Business Interruption Claims

On August 12, 2020, U.S. District Court Judge Stephen Bough for the Western District of Missouri ruled that the plaintiff insureds may pursue claims for business income losses due to COVID-19 under standard property and casualty…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Denial of Insurance Coverage, Insurance Claims

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New Canadian Trademark Rules Go Into Effect June 17, 2019

The Canadian Intellectual Property Office has issued new Trademark Regulations that will go into effect on June 17, 2019. These new regulations implement significant amendments in the Canadian Trademarks Act adopted by the…more

Canada, Canadian Intellectual Property Office (CIPO), New Regulations, Trademarks, Trademarks Act

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Philanthropy in the COVID-19 World: What Gives?

In a few short (but seemingly very long) weeks, the world has become a very different place. Philanthropy has become urgent to meet the needs of people all over the world who are impacted by the COVID-19 virus. At the same time,…more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Philanthropy

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Countdown to Compliance: Missouri’s New Paid Sick Leave and Minimum Wage Increases

On November 5, 2024, Missouri voters passed Proposition A, requiring employers to provide paid sick leave and increasing minimum wage. The new law goes into effect on January 1, 2025, with paid sick leave accrual…more

Compliance, Minimum Wage, New Legislation, Paid Sick Leave, State Labor Laws

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Legalization of Recreational Cannabis Finds Success at the State Ballot Box in 2020; Federal Level Questions Remain

State Level Legalization Grows - After the dust settled from the elections on Nov. 3, four new states added their names to the growing list of states that have legalized recreational cannabis. Voters in Arizona, Montana, New…more

Cannabis Products, Decriminalization of Marijuana, Marijuana, New Legislation, Recreational Use

See all updates »

Missouri Aims to Weed out Meritless Punitive Damage Claims and Reign in Consumer Protection Claims

Last week, the Missouri General Assembly passed and sent to Governor Mike Parson the latest bill advancing the state’s ongoing tort reform. Senate Bill No. 591 is widely considered to be a win for corporate defendants statewide…more

Governor Parson, Legislative Agendas, Pending Legislation, Tort Reform

See all updates »

Far Reaching Executive Order Pushes Toward National “Right to Repair”

President Biden signed into law on Friday, July 9, 2021, a sweeping executive order titled “Executive Order on Promoting Competition in the American Economy,” laying out 72 actions for more than a dozen federal agencies. The…more

Agricultural Sector, Biden Administration, Competition, Consumer Product Companies, EU

See all updates »

Minnesota Enacts Comprehensive Data Privacy Law

Minnesota has become the 19th state to pass a comprehensive data privacy law. On May 24, Governor Tim Walz signed into law the Minnesota Consumer Privacy Act (H.F. 4757) (the “MCPA”), which takes effect July 31, 2025…more

Compliance, Consumer Privacy Rights, Data Privacy, Data Protection, Effective Date

See all updates »

California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”

In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property…more

Appellate Courts, Denial of Insurance Coverage, Homeowners, Insurance Claims, Insurance Litigation

See all updates »

EPA Releases Long Awaited Risk Assessment of PFOA and PFOS in Biosolids

On January 14, 2025, the EPA released for public comment a risk assessment report evaluating the potential risks associated with land application and land disposal of biosolids containing two types of PFAS, PFOA and PFOS…more

Biosolids, CERCLA, Clean Water Act, Comment Period, Drinking Water

See all updates »

[Virtual Event] State of Litigation – Part 2 - June 16th, 12:00 pm - 2:15 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Continuing Legal Education, Coronavirus/COVID-19, Credibility, Criminal Convictions, Ethics

See all updates »

Six-Step Quick Guide to the Beneficial Ownership Information (“BOI”) Reporting Rules of the Corporate Transparency Act (“CTA”)

In September 2022, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued the final beneficial ownership information (“BOI”) reporting rules (the “BOI Reporting Rules”) of the Corporate…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Filing Deadlines

See all updates »

Federal Circuit Overrules ODP Rejection of Parent Patent Based on In re Cellect

In a new precedential decision issued August 13, 2024, the Court of Appeals for the Federal Circuit in Allergan USA. v. MSN Labs, 24-1061, held that a first-filed, first-issued parent patent that receives a patent term…more

Abbreviated New Drug Application (ANDA), Allergan Inc, First-Filed Action Rule, Generic Drugs, Obviousness-Type Double Patenting (ODP)

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(Almost) Ten Top Tips for Fiduciaries to Avoid Litigation

​​​​​​​Fiduciaries sometimes find themselves in the unenviable position of facing conflict, whether with or among beneficiaries. In this article we offer some tips for preventing and managing conflicts and approaching the role…more

Beneficiaries, Best Practices, Breach of Duty, Conflicts of Interest, Fiduciary

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Deadline Approaching for Minnesota Anti-Poaching Compliance

As the deadline for the Minnesota Anti-Poaching Update draws near, franchisors are reminded to update existing franchise agreements pertaining to non-soliciting and no-poaching restrictions…more

Amended Legislation, Compliance, Contract Terms, Franchise Agreements, Franchises

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Southern District of New York Transfers Anticipatory Declaratory Judgment Action to the Middle District of North Carolina

Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment and breach of contract action…more

Breach of Contract, Business Litigation, Commercial Litigation, Contract Disputes, Declaratory Judgments

See all updates »

Is Your Environmental Nonprofit At Risk for Tax-Exempt Status Revocation by the President?

Recent press reports speculating that President Trump will take action to revoke the tax-exempt status of some environmental organizations – coupled with his public statements advocating for the revocation of Harvard’s…more

Audits, Executive Orders, Harvard University, IRS, Nonprofits

See all updates »

Minnesota Court of Appeals Confirms Immunity from Financial Liability for Guardians

​​​​​​​The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the…more

Assault, Assisted Living Facilities (ALFs), Court-Appointed Guardians, Elder Abuse, Elder Care

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Federal Circuit Holds Machine Learning Patent Claims That Don’t Improve the Technology Are Patent Ineligible

On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided a case of first impression regarding the intersection of patent claims directed to machine learning training and patentable subject matter under…more

Algorithms, Appeals, CAFC, First Impression, Intellectual Property Litigation

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Far Reaching Executive Order Pushes Toward National “Right to Repair”

President Biden signed into law on Friday, July 9, 2021, a sweeping executive order titled “Executive Order on Promoting Competition in the American Economy,” laying out 72 actions for more than a dozen federal agencies. The…more

Agricultural Sector, Biden Administration, Competition, Consumer Product Companies, EU

See all updates »

Trump Executive Order Pausing FCPA Enforcement: Have Legal Requirements Changed?

One of the most notable developments in the anti-corruption world is the Trump Administration’s Feb. 10 Executive Order, “Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National…more

Anti-Corruption, Bribery, Compliance, Corporate Misconduct, Department of Justice (DOJ)

See all updates »

Is AI Putting Your Organization at Risk?

AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know…more

Artificial Intelligence, Bots, Compliance, Consent, Consumer Privacy Rights

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U.S. Supreme Court Restricts EPA’s Power Under Clean Water Act

Thursday, May 25, 2023, in a long-awaited decision, the U.S. Supreme Court dealt a major blow to EPA’s ability to regulate wetlands under the Clean Water Act (CWA)..…more

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

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Trump Executive Order Pausing FCPA Enforcement: Have Legal Requirements Changed?

One of the most notable developments in the anti-corruption world is the Trump Administration’s Feb. 10 Executive Order, “Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National…more

Anti-Corruption, Bribery, Compliance, Corporate Misconduct, Department of Justice (DOJ)

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Payment Card Settlement Claim Deadline Extended to August 30, 2024

A very large class action settlement has an approaching deadline for class members to file claims. The class is very broad, defined as “all persons, businesses, and other entities that have accepted any Visa-Branded Cards and/or…more

Claim Procedures, Class Action, Credit Cards, Filing Deadlines, Interchange Fees

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Just What the DOJ Ordered: Telehealth Enforcement Actions Are Here to Stay

Since the worldwide spread of COVID-19, the demand for telehealth services has surged. The Centers for Medicare and Medicaid Services (CMS) reported over an 11,000% increase in virtual visits (i.e., video- or phone-based visits)…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Employers with Employees in the Fifth Circuit Should Take Note of  a Change in the “Ultimate Employment Decision Requirement” for Title VII Claims

Employers with employees located in the states falling within the jurisdiction of Fifth Circuit federal courts (e.g. Louisiana, Mississippi and Texas) should take note of an important federal appellate ruling impacting Title VII…more

Adverse Employment Action, Civil Rights Act, Employer Liability Issues, Employment Litigation, Hiring & Firing

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Extension of SEC Filing Requirements; Annual Meetings

Extension of SEC Filing Deadlines. On March 25, 2020, the Securities and Exchange Commission (SEC) issued an order (the “March 25 Order”) providing a 45-day extension of the filing deadlines for certain reporting obligations of…more

Coronavirus/COVID-19, Corporate Governance, Relief Measures, Securities and Exchange Commission (SEC), Time Extensions

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Now What? Navigating the DEI Executive Orders and Ongoing Legal Challenges to Their Enforcement

Since taking office in January, President Trump has signed a flurry of Executive Orders (EOs) on a wide range of topics. Few EOs, however, have generated as much attention and uncertainty as Executive Order 14151 and Executive…more

Affirmative Action, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Homeowners Allege California FAIR Plan Member Insurers Impermissibly Restricted Wildfire-Related Loss Coverage

Last week, 10 California homeowners filed suit in Los Angeles County Superior Court against the California FAIR Plan Association (CFPA) and several of its largest insurance company members. Plaintiffs allege defendants…more

California, Department of Insurance, Enforcement, Homeowners, Insurance Claims

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Wisconsin Federal Court Transfers Venue to Indiana Notwithstanding Forum Selection Clause

A federal court in Wisconsin recently transferred a franchisor’s breach of contract lawsuit to Indiana, the location of the franchisee, even though the parties’ supply agreement contained a Wisconsin forum selection clause…more

Breach of Contract, Choice-of-Law, Contract Disputes, Contract Terms, Forum Selection

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Virginia Federal District Court Grants Motion to Transfer Pursuant to Forum Selection Clause Notwithstanding Virginia Retail Franchising Act Claim

A federal court in Virginia recently granted a motion brought by equipment suppliers DET Diesel Emission Technologies, LLC and Synergy Catalyst, LLC, together doing business as “Recore,” to enforce a forum selection clause and…more

Contract Termination, Forum Selection, Franchise Laws, Franchisee, Franchises

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Legalization of Recreational Cannabis Finds Success at the State Ballot Box in 2020; Federal Level Questions Remain

State Level Legalization Grows - After the dust settled from the elections on Nov. 3, four new states added their names to the growing list of states that have legalized recreational cannabis. Voters in Arizona, Montana, New…more

Cannabis Products, Decriminalization of Marijuana, Marijuana, New Legislation, Recreational Use

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Patent and Trademark Applicants Could See Big Delays in 2025

Patent and trademark applicants are likely to see significant changes with their applications in 2025. First, numerous fee increases have recently taken effect – on January 18 for trademark applications and January 19 for patent…more

Executive Orders, Intellectual Property Protection, Patent Applications, Patent Fees, Patents

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Transferring Your Family or Closely Held Business: Part 1

Transition planning to a family member or other “insider” requires time and forethought to successfully handle both the financial and operational considerations of a family or closely held business. Transitioning ownership and…more

Business Succession, Closely Held Businesses, Corporate Governance, Estate Planning, Family Businesses

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Estate Planning Newsletter - Spring/Summer Edition

For many students, this time of year signals the end of their high school careers and the beginning of the transition to college. With that transition, students and their families must address difficult issues, including how to…more

529 Plans, Beneficiaries, Durable Power of Attorney, Power of Attorney, Savings Accounts

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[Webinar] IP Litigation: Monetizing Your Patent Portfolio - August 18th, 1:00 pm - 2:00 pm CDT

Whether your portfolio comprises one patent or hundreds of patents, it is important to utilize the portfolio to support continued production and innovation efforts; to explore alternative revenue streams through licensing of…more

Continuing Legal Education, Design Patent, Enforcement Guidance, Intellectual Property Litigation, Intellectual Property Protection

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Georgia Federal Court Dismisses Human Trafficking Claims Against Franchisor

A federal court in Georgia recently dismissed the claims of an alleged human trafficking victim against hotel franchisor G6 Hospitality, while allowing some claims to proceed against the hotel franchisee. Doe (K.B.) v. G6 Hosp.,…more

Dismissals, Franchisee, Franchises, Franchisors, Human Trafficking

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Franchisee’s Execution of Competing Franchise Agreement During Franchise Term Forecloses Claims Against Former Franchisor

A federal court in New Jersey granted the franchisor of the Holiday Inn and Holiday Inn Express brands (Holiday Hospitality) summary judgment on former franchisee Scion Hotels’ complaint alleging violations of the New Jersey…more

Breach of Contract, Contract Termination, Contract Terms, Franchisee, Franchises

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Is Your Environmental Nonprofit At Risk for Tax-Exempt Status Revocation by the President?

Recent press reports speculating that President Trump will take action to revoke the tax-exempt status of some environmental organizations – coupled with his public statements advocating for the revocation of Harvard’s…more

Audits, Executive Orders, Harvard University, IRS, Nonprofits

See all updates »

FTC and DOJ Recommend Renewing and Expanding “Right to Repair” Exemptions Under the Digital Millenium Copyright Act

The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s Antitrust…more

Copyright Office, Department of Justice (DOJ), Digital Goods, DMCA, Exemptions

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USERRA Does Not Require Paid Military Leave...Or Does It?

The landscape of federal military leave law may be shifting. In the past three years, four federal appellate courts have held that an employer may be required to offer paid leave for an employee’s military service where the…more

Appeals, Chevron Deference, Corporate Counsel, Department of Labor (DOL), Employee Rights

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New Kansas Act Allows Relief for Purchase of Contaminated Property

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing…more

Contaminated Properties, Environmental Liability, Environmental Policies, Environmental Remediation Costs, Municipalities

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California Bankruptcy Court Rules that Section 364(c)(1) of the Bankruptcy Code Allows Popeyes Louisiana Kitchen to Block Chapter 11 Debtor’s Motion to Assume Franchise Agreements, Terminating the Debtor’s Chances at Reorganization

A bankruptcy court in California denied Pinnacle Foods of California, LLC’s motion to assume six separate franchise agreements with franchisor Popeyes Louisiana Kitchen, Inc. In re Pinnacle Foods of California LLC, 2024 WL…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debt Restructuring

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Tax-Exemption Implications of “Illegal DEI”

Recent Executive Orders issued by President Trump repeatedly refer to “illegal” diversity, equity and inclusion (DEI) preferences and activities…more

Affirmative Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Executive Orders, Nonprofits

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What Employers and Self-Employed Individuals Need to Know About the Coronavirus Response Act Tax Credits for Emergency Paid Leave

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the “Act”) into law. The Act requires employers with less than 500 employees and certain public employers to provide Emergency Paid Sick…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Sick Leave

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Opening Your Office for Business: A Tenant's Perspective

As America returns to work, each business will need to address COVID-19 related health and safety issues for its employees, customers and others who may utilize the company’s workplace. As of this writing, each of the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, OSHA

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Trump 2.0: What Closely Held Businesses Need to Know About Immigration, Employment & Benefits Issues

As a new administration takes office, CHBs should prepare for significant policy changes across immigration, employee benefits, and employment and labor law that could impact their businesses in 2025…more

Closely Held Businesses, Employee Benefits, Employment Policies, ESOP, Immigration Procedures

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[Webinar] New DOJ Corporate Whistleblower Program - September 10th, 12:00 pm - 12:50 pm CT

In her remarks to the American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa Monaco outlined the forthcoming whistleblower program that seeks to fill in the gaps of existing…more

Continuing Legal Education, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Internal Reporting

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COVID-19 Federal Loan Assistance Programs

In response to the global COVID-19 pandemic, on March 27, 2020 Congress enacted and the President signed the Federal Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Among other things, the CARES…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Relief Measures

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New DOJ Limits on Cross-Border Data Transfers Prompt Assessment by Businesses

On April 8, the National Security Division of the U.S. Department of Justice’s (DOJ) new rule on cross-border data transfers takes effect. It restricts U.S. businesses from transferring certain bulk sensitive personal data to…more

China, Cross-Border, Data Controller, Data Privacy, Data Processors

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New Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know

New federal legislation is expanding existing employer obligations to provide reasonable accommodations for pregnant employees and reasonable breaks for nursing employees to express breast milk during the workday. The Providing…more

Americans with Disabilities Act (ADA), Breastfeeding, Fair Labor Standards Act (FLSA), Lactation Accommodation, New Legislation

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Call for Additional Regulations for Health Plan Compensation Disclosures

In an April 15 Executive Order, entitled “Lowering Drug Prices by Once Again Putting Americans First,” the Trump Administration has called attention to an ERISA disclosure required by the Consolidated Appropriations Act of 2021…more

Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Disclosure Requirements, Drug Pricing

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Missouri Supreme Court Holds Statutes Creating Lake of the Ozarks Area Lodging Tax Unconstitutional

Guests of Lake of the Ozarks lodging establishments ranging from vacation rentals to resorts will have one less tax to pay thanks to a recent decision by the Missouri Supreme Court. The court found that statutes creating a lake…more

AirBnB, Constitutional Challenges, State Constitutions, Tax Revenues, Tourism

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Missouri Supreme Court Changes Rules to Reduce Discovery Burden

In 2019, the Missouri legislature passed, and Governor Parson signed, legislation to update several provisions of the Missouri Rules of Civil Procedure governing discovery. Known as Senate Bill 224 (SB 224), the law was intended…more

Discovery, Evidence, MO Supreme Court, Proportionality, Rules of Civil Procedure

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North Dakota Federal Court Denies Subway’s Motion to Dismiss Franchisee Employee’s Vicarious Liability Sex Trafficking Claims

A federal court in North Dakota recently denied a motion to dismiss vicarious liability claims against the corporate entities constituting the Subway franchise system. C.S. v. Subway Worldwide, Inc., 2025 WL 472475 (D.N.D. Feb…more

Assault, Corporate Liability, Criminal Convictions, Employment Litigation, Franchise Agreements

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Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly Enforces Timely Filing Requirements of the Act

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a permanent…more

Abuse of Discretion, Common Law Claims, Employer Liability Issues, Employment Litigation, Human Rights Act

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California Federal Court Grants Remediation Franchisor’s Motion to Stay Proceedings

A federal court in California recently granted Ringside Development Company’s motion to stay a franchisee-initiated lawsuit pending resolution through alternative dispute resolution. Jameson v. Ringside Development Company, 2025…more

Arbitration Agreements, Choice-of-Law, Contract Terms, Dispute Resolution, Forum Selection

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USPTO Issues Strategy Outlining the Goals for AI Usage Within Agency Operations

Released on January 14, the United States Patent and Trademark Office’s Artificial Intelligence Strategy aims to serve as a guide for the challenges and goals the agency navigates while working toward the full capabilities of AI…more

Artificial Intelligence, Bias, Intellectual Property Protection, Machine Learning, Patent Prosecution

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Focus on Franchisors: Keller Williams Realty

As part of Lathrop GPM’s Increasing Diversity in Franchising initiative, we have explored various facets of increasing diversity in franchising, including access to capital, educational initiatives that focus on business in…more

Diversity, Diversity and Inclusion Standards (D&I), Franchises, Franchisors, Real Estate Agents

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Trademark Modernization Act of 2020

Congress has just passed the bi-partisan Trademark Modernization Act of 2020 (TMA), which amends the Trademark Act to provide new procedures for third-party submission of evidence relating to trademark applications, to establish…more

Amended Legislation, Intellectual Property Protection, Rebuttable Presumptions, Trademark Application, Trademark Infringement

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Supreme Court Confirms Life Insurance Proceeds Received by Corporation Increase Estate Tax Value of Decedent’s Shares

The June 6 unanimous ruling by the United States Supreme Court in Connelly v. United States creates a significant change for closely held businesses planning to utilize life insurance proceeds to fund buy-sell agreements…more

Audits, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Tax

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Franchisors Impacted by EU Limits on Personal Data Transfers to the U.S.

What Happened?  On July 16, 2020, in Schrems II, the EU Court of Justice invalidated the EU-U.S. Privacy Shield mechanism. The EU Court of Justice struck down a similar program, the EU-U.S. Safe Harbor, in 2015…more

Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield, General Data Protection Regulation (GDPR)

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Ohio Federal Court Grants Keg Distributor’s Motion for Temporary Restraining Order Prohibiting Fellow Distributor from Spouting Off

A federal court in Ohio recently granted Cavalier Distributing’s motion to temporarily restrain a fellow distributor, MicroStar Logistics, from contacting other keg suppliers to accuse Cavalier of failing to pay a debt or…more

Breach of Contract, Business Litigation, Contract Disputes, Injunctive Relief, Lanham Act

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Business Succession Planning

Many successful business owners devote their lives to establishing, building, and maintaining a successful business. However, few successful business owners have properly considered what will happen after they are gone, and even…more

Business Succession, Closely Held Businesses, Estate Planning, Family Businesses, Strategic Planning

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EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental…more

ASTM, Brownfield Properties, CERCLA, Contamination, Discharge of Pollutants

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The Year Ahead for Compensation & Benefits - 2025

As 2024 winds down, many are wondering what 2025 may bring in the world of compensation and benefits. Our ERISA attorneys use their decades of experience and crystal balls to predict what may be on horizon in plan design and…more

Compensation & Benefits, Contribution Limits, Employment Litigation, Environmental Social & Governance (ESG), ESOP

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Transferring Your Family or Closely Held Business – Part 2

With more certainty creeping back into the market following the unprecedented economic downturn of the COVID-19 crisis, business owners may be wondering whether now is an opportune time to bring their company to market. While…more

Capital Raising, Closely Held Businesses, Coronavirus/COVID-19, Family Businesses

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Significant Federal Circuit Decision Redefines Prior Art Requirements

Last week a remarkably interesting Federal Circuit case was decided concerning whether an asserted reference was properly shown to qualify as prior art in the rejection of a pending patent application. The pending application…more

Appeals, Claim Construction, Obviousness, Patent Applications, Patent Litigation

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Federal Government and Private Sector Climate Change Developments

The implications of climate change have gone from an esoteric topic that a very limited number of companies focused upon just a few years ago to one that is becoming more mainstream by the day. President Biden campaigned on…more

Automotive Industry, Banking Sector, Biden Administration, Climate Change, Disclosure Requirements

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Estate Planning 2022 Federal Tax Update

As we start the new year, this Federal Tax Update highlights estate planning-related federal tax information that may be helpful as you consider planning options for 2022. Because Congress could pass legislation that changes…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Uncertainty Clouds the FTC as Commissioner Battle Continues

On March 18, the Trump administration fired Democratic appointed FTC commissioners Rebecca Kelly Slaughter and Alvaro Bedoya, leaving the FTC with only two commissioners (Melissa Holyoak and Chairman Andrew Ferguson) while…more

Enforcement Priorities, Federal Trade Commission (FTC), FTC Act, FTC Commissioners, Precedential Opinion

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Tax-Exemption Implications of “Illegal DEI”

Recent Executive Orders issued by President Trump repeatedly refer to “illegal” diversity, equity and inclusion (DEI) preferences and activities…more

Affirmative Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Executive Orders, Nonprofits

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Federal Circuit Reverses Preliminary Injunction for Trade Secret Misappropriation

In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. …more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Medical Devices, Misappropriation, Patents

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Executive Orders and Their Limits - What Businesses Need To Know

An Executive Order is a signed, published directive issued by the President of the United States to manage operations within the federal government. These orders guide the actions of government officials and agencies, but do not…more

Administrative Procedure Act, Constitutional Challenges, Executive Orders, Federal Contractors, Government Agencies

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Health Checkup for Your Company

The new requirement for companies to comply with the Corporate Transparency Act (CTA) prior to year-end has caused many business owners to ask what other housekeeping work they need to do. All company owners need to maintain the…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, Disclosure Requirements

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Pennsylvania Appellate Court Affirms Finding of Vicarious Liability Against Franchisor in Pizza Delivery Accident

The Superior Court of Pennsylvania recently affirmed a judgment holding Domino’s Pizza vicariously liable for a motorcycle accident involving a franchisee’s delivery driver. Coryell v. Morris, — A.3d —, 2025 Pa. Super. 28 (Jan…more

Bodily Injury, Dominos, Employer Liability Issues, Franchise Agreements, Franchisee

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Federal Circuit Holds Machine Learning Patent Claims That Don’t Improve the Technology Are Patent Ineligible

On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided a case of first impression regarding the intersection of patent claims directed to machine learning training and patentable subject matter under…more

Algorithms, Appeals, CAFC, First Impression, Intellectual Property Litigation

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Executive Orders and Their Limits - What Businesses Need To Know

An Executive Order is a signed, published directive issued by the President of the United States to manage operations within the federal government. These orders guide the actions of government officials and agencies, but do not…more

Administrative Procedure Act, Constitutional Challenges, Executive Orders, Federal Contractors, Government Agencies

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Supreme Court Holds Corporation Waived Due Process Rights and Consented to General Personal Jurisdiction by Registering to do Business in Pennsylvania; Distinguishes International Shoe.

On June 27, 2023, the United States Supreme Court held in Mallory v. Norfolk Southern R. Co., No. 21-1168, 2023 WL 4187749, that Norfolk Southern submitted to the state of Pennsylvania’s general jurisdiction (that is, being…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

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Transferring Your Family or Closely Held Business – Part 2

With more certainty creeping back into the market following the unprecedented economic downturn of the COVID-19 crisis, business owners may be wondering whether now is an opportune time to bring their company to market. While…more

Capital Raising, Closely Held Businesses, Coronavirus/COVID-19, Family Businesses

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Executive Order Closing the Department of Education Faces Legal and Congressional Barriers

President Trump has signed an Executive Order titled, “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to close the Department of Education to the “maximum…more

Constitutional Challenges, Department of Education, Educational Institutions, Executive Orders, Federal Funding

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Whistleblowers Get a Stronger Whistle: The False Claims Act Liability Under President Trump’s DEI Order

One of the new administration’s Executive Orders, titled “Ending Illegal Discrimination and Restoring Merit-Base Opportunity,” has significant potential impact on companies operating diversity, equity and inclusion (DEI)…more

Anti-Discrimination Policies, Civil Liability, Civil Rights Act, Corporate Liability, Diversity

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COVID-19 Vaccinations and the Workplace: Critical Updates

In our previous alert on vaccinations and the workplace, we addressed the threshold question of whether employers can require their employees to get vaccinated and other related COVID-19 vaccine issues. At that time, however,…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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EEOC Releases Updated Proposed Workplace Harassment Guidance

On Friday, September 29, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) posted for public inspection its proposed “Enforcement Guidance on Harassment in the Workplace.” The EEOC previously released proposed…more

#MeToo, Anti-Harassment Policies, Bostock v Clayton County Georgia, Comment Period, Equal Employment Opportunity Commission (EEOC)

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Now What? Navigating the DEI Executive Orders and Ongoing Legal Challenges to Their Enforcement

Since taking office in January, President Trump has signed a flurry of Executive Orders (EOs) on a wide range of topics. Few EOs, however, have generated as much attention and uncertainty as Executive Order 14151 and Executive…more

Affirmative Action, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Minnesota Lobbying and Campaign Finance Changes in Effect for 2024

Now that the legislative session is underway—and the 2024 election is fast approaching—organizations that work to influence public policy or elections should focus on the significant changes to Minnesota’s lobbying and campaign…more

Advertising, Campaign Finance Reform, Electioneering, Gifts, Lobbying

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Can You Copyright AI-Generated Content?

A great deal of news and public discussion has been fixated on the increasing popularity of generative AI — a category of artificial intelligence algorithms that can generate content (textual, visual, or audio) by “training” on…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Office

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What Employers and Self-Employed Individuals Need to Know About the Coronavirus Response Act Tax Credits for Emergency Paid Leave

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the “Act”) into law. The Act requires employers with less than 500 employees and certain public employers to provide Emergency Paid Sick…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Sick Leave

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Understanding Business Insurance in the Wake of Hurricane Helene

Current reports estimate there will be over $5 billion in insured losses from Hurricane Helene, as the devastating hurricane tore through at least six states and has resulted in over 100 deaths since Thursday, September 26,…more

Best Practices, Business Interruption, Commercial Insurance Policies, Documentation, Hurricane Season

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Eighth Circuit Court of Appeals Affirms Dismissal of Case Based on Plaintiff’s Dishonesty

Last month, the U.S. Court of Appeals for the Eighth Circuit affirmed a sanction decision of the U.S. District Court for the District of Minnesota, ruling that the lower court’s dismissal of the plaintiff’s case for lying in her…more

Abuse of Discretion, Appeals, Attorney's Fees, Depositions, Dismissals

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New Study Reports Finding PFAS, an Allowed Component, in Cosmetics; Legislation Ensues Despite a Lack of Any Established Health Risks

PFAS are a diverse group of human-made components that are used in a variety of consumer products. PFAS is FDA authorized for use in food contact substances, such as packaging, cookware, and other products, due to its non-stick…more

Cosmetics, Food and Drug Administration (FDA), Hazardous Substances, Manufacturers, PFAS

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Is there a Damages Limitation on Timely Copyright Claims? Supreme Court says: "No."

On May 9, 2024, the United States Supreme Court clarified that the “Copyright Act entitles a copyright owner to recover damages for any timely claim.” This seemingly simple rule of law, however, rested on shaky ground as soon as…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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Ohio Federal Court Grants Keg Distributor’s Motion for Temporary Restraining Order Prohibiting Fellow Distributor from Spouting Off

A federal court in Ohio recently granted Cavalier Distributing’s motion to temporarily restrain a fellow distributor, MicroStar Logistics, from contacting other keg suppliers to accuse Cavalier of failing to pay a debt or…more

Breach of Contract, Business Litigation, Contract Disputes, Injunctive Relief, Lanham Act

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California Federal Court Grants Franchisor’s Motion to Compel Arbitration but Finds Forum Selection and Choice of Law Clauses Invalid

A federal court in California recently granted franchisor Spiffy Franchising, LLC’s motion to compel arbitration of a franchisee’s claims, but found the North Carolina forum selection and choice of law provisions in the…more

Arbitration Agreements, Breach of Contract, Choice-of-Law, Contract Terms, Dispute Resolution

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New DOJ Limits on Cross-Border Data Transfers Prompt Assessment by Businesses

On April 8, the National Security Division of the U.S. Department of Justice’s (DOJ) new rule on cross-border data transfers takes effect. It restricts U.S. businesses from transferring certain bulk sensitive personal data to…more

China, Cross-Border, Data Controller, Data Privacy, Data Processors

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Chicago Ordinance Makes Scheduling Employees for Work More Complicated in Seven Industries

A new Chicago ordinance places complicated restrictions on how employers in 7 industries can schedule employees for work. Employers will face stiff financial penalties for failing to follow the new rules…more

Covered Employees, Employee Rights, Fair Workweek, Healthcare Workers, Hospitality Industry

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Missouri Liquor Advertising Amendments

The Missouri Division of Alcohol and Tobacco Control (ATC) recently passed a “temporary” emergency amendment that could affect business operations in Missouri. Missouri's liquor control laws and regulations are designed to…more

Advertising, Amended Regulation, Commercial Speech, First Amendment, Liquor Control Boards

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Cryptocurrency 101

If you do not currently own Bitcoin, the odds are in the last few months you have thought about the merits (or lack thereof) of owning Bitcoin. Bitcoin is a cryptocurrency, which is a digital or virtual currency (commonly…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT)

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Leveraging Institutional Capital Assets to Meet the Moment

Hoping to alleviate the immense damage to vulnerable communities inflicted by COVID-19 and racial inequities that have drawn the spotlight over the past year, foundations and other charitable institutions are digging deeper and…more

501(c)(3), Bonds, Charitable Organizations, Coronavirus/COVID-19, Credit Facilities

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Tax-free Rollovers of 529 Plan Funds to Roth IRAs Allowed Under Secure 2.0

Section 529 college savings accounts are used for tax-free education investments. When considering whether to create a 529 account, there generally is some apprehension that the person you are saving for won’t pursue a college…more

529 Plans, Amended Legislation, Beneficiaries, Education Expenses, Retirement Plan

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Wellness Check for Your Family Foundation

One of the best things that a family foundation’s governing board can do is embark on a “Wellness Check” of the foundation. A Wellness Check is a review of the foundation’s compliance with state and federal law, filings, key…more

501(c)(3), Best Practices, Compliance, Corporate Governance, Private Foundations

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California Bankruptcy Court Rules that Section 364(c)(1) of the Bankruptcy Code Allows Popeyes Louisiana Kitchen to Block Chapter 11 Debtor’s Motion to Assume Franchise Agreements, Terminating the Debtor’s Chances at Reorganization

A bankruptcy court in California denied Pinnacle Foods of California, LLC’s motion to assume six separate franchise agreements with franchisor Popeyes Louisiana Kitchen, Inc. In re Pinnacle Foods of California LLC, 2024 WL…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debt Restructuring

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Executive Order Closing the Department of Education Faces Legal and Congressional Barriers

President Trump has signed an Executive Order titled, “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to close the Department of Education to the “maximum…more

Constitutional Challenges, Department of Education, Educational Institutions, Executive Orders, Federal Funding

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Recent Decision from California Appeals Court Could Imperil Homeowner’s Coverage for Southern California Wildfires

Coming on the heels of what are projected to be the costliest wildfires in California history, a new decision from the California Second District Court of Appeals could make it more difficult to obtain insurance coverage for…more

Appellate Courts, Bad Faith, Breach of Contract, Homeowners, Insurance Claims

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Missouri Governor Signs Bill on COVID-19 Civil Actions

On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the…more

Civil Liability, Coronavirus/COVID-19, Damages, Governor Parson, Health Care Providers

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Texas Federal Court Vacates U.S. Department of Labor’s Exempt Salary Threshold Rule with Nationwide Effect

On November 15, 2024, the U.S. District Court for the Eastern District of Texas ruled that the U.S. Department of Labor’s (“DOL”) 2024 final rule on exempt salary thresholds is unlawful. The ruling has nationwide effect. Texas…more

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

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Retirement Security Fiduciary Rule Stayed

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary protections…more

401k, Administrative Procedure Act, Chevron Deference, Department of Labor (DOL), Employee Benefits

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Should Your Business Be Worried About Tariffs?

What Is a Tariff? A tariff is a tax or duty imposed on goods when they cross national borders. Most commonly, tariffs apply to imports, raising the cost of foreign-made products in the domestic market…more

Acquisitions, Customs and Border Protection, Due Diligence, Executive Orders, Imports

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California Extends Fair Debt Collection Statute To Cover Small Business Debts up to $500,000

Similar to the federal Fair Debt Collection Practices Act (FDCPA), California’s “Rosenthal Fair Debt Collection Practices Act” (RFDCPA) has historically regulated the manner in which debt collectors interact with borrowers that…more

Commercial Loans, Consumer Financial Products, Debt Collection, Debt Collectors, Governor Newsom

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Arizona Federal Court Grants Franchisee Temporary Restraining Order to Prevent Termination

A federal court in Arizona recently granted a franchisee’s motion for temporary restraining order preventing termination of its franchise agreement and the franchisor’s withdrawal of any funds from the franchisee’s accounts. S&G…more

Breach of Contract, Contract Terms, Franchise Agreements, Franchisee, Franchises

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Missouri Supreme Court Holds Statutes Creating Lake of the Ozarks Area Lodging Tax Unconstitutional

Guests of Lake of the Ozarks lodging establishments ranging from vacation rentals to resorts will have one less tax to pay thanks to a recent decision by the Missouri Supreme Court. The court found that statutes creating a lake…more

AirBnB, Constitutional Challenges, State Constitutions, Tax Revenues, Tourism

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OIG Issues New Nursing Facility Compliance Guidance, Comes on the Heels of Enhanced Medicare Enrollment Requirements for SNFs

The Office of Inspector General at the U.S. Department of Health and Human Services (OIG) recently followed up on a 2023 commitment to supplement its General Compliance Program Guidance (GCPG) by publishing its first…more

Compliance, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Medicaid

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California Extends Fair Debt Collection Statute To Cover Small Business Debts up to $500,000

Similar to the federal Fair Debt Collection Practices Act (FDCPA), California’s “Rosenthal Fair Debt Collection Practices Act” (RFDCPA) has historically regulated the manner in which debt collectors interact with borrowers that…more

Commercial Loans, Consumer Financial Products, Debt Collection, Debt Collectors, Governor Newsom

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Transparency and AI: FTC Launches Enforcement Actions Against Businesses Promoting Deceptive AI Product Claims

Numerous businesses today deploy artificial intelligence (AI) innovatively across various industries, with many companies eager to hop on the AI hype train and ride the momentum of new and innovative business tools. While…more

Algorithms, Artificial Intelligence, Enforcement Actions, False Advertising, Federal Trade Commission (FTC)

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Wealth, Legacy and the Next Generation: Getting Started and Other Considerations

Legacies and estate planning are often considered to be something later in life. Yet the truth is none of us have any idea when we might become incapacitated or pass away and consequently, understanding the various scenarios and…more

Estate Planning, Gifts, Power of Attorney, Revocable Trusts, Trusts

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Executive Order Closing the Department of Education Faces Legal and Congressional Barriers

President Trump has signed an Executive Order titled, “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to close the Department of Education to the “maximum…more

Constitutional Challenges, Department of Education, Educational Institutions, Executive Orders, Federal Funding

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Litigation Pitfalls for Employers in a COVID-19 World

The COVID-19 pandemic has caused companies and their management teams to react quickly and make adjustments to their business operations instantly. Many companies are doing what they can to survive while, at the same time,…more

Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Beneficial Ownership Information Rules and Regulations: How It May Impact You

On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued a final rule (the “Rule”), the first of three planned rulemakings implementing the beneficial ownership information reporting rules of the…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Final Rules

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Minnesota Court Declares Restrictions on Abortion Unconstitutional - State Level-Decisions Become Increasingly Important for Health Care Providers

A Ramsey County District Court Judge has ruled that several provisions in state law related to abortion violate the state constitution, including mandatory physician informed consent disclosures followed by a 24-hour waiting…more

Abortion, Health Care Providers, Reproductive Healthcare Issues, State Constitutions, Strict Scrutiny Standard

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MN Legislature Considers Limiting PE Investment in Healthcare

On February 22, 2024, the Minnesota legislature introduced a bill (SF-4392 and companion bill HR-4206) which seeks to curb the control and acquisition over certain healthcare providers by private equity companies and real estate…more

Acquisitions, Federal Trade Commission (FTC), Health Care Providers, Healthcare Facilities, Investors

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A Win for Open and Transparent Government in Missouri

In a win for open and transparent government in Missouri, the Missouri Supreme Court ruled that the Missouri Sunshine Law prohibits public governmental bodies from charging persons who request public records under the Missouri…more

MO Supreme Court, Open Records, Public Agencies, Public Records, Sunshine Laws

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U.S.-China Trade Update: Tariff Escalation and End of De Minimis Exemption

On April 2, 2025, the U.S. government implemented new measures affecting trade with China via Executive Order, including a reciprocal tariff regime and elimination of the de minimis exemption for Chinese-origin goods. These…more

China, De Minimus Quantity Exemption, Executive Orders, International Trade, Retaliatory Tariffs

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Corporate Transparency Act Update: Federal District Court Rules CTA Unconstitutional

Although existing entities covered by the Corporate Transparency Act (“CTA”) should still plan to comply with the beneficial ownership reporting (“BOI”) requirements, a new federal district court ruling offers hope that the…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

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Washington Court Grants Summary Judgment Against Attorney General and Awards Fees to Franchisor

A state court in Washington has granted summary judgment and awarded over $3.4 million in attorneys’ fees and costs to a franchisor in a dispute brought by the Washington Attorney General under the Washington’s Consumer…more

Attorney's Fees, Consumer Protection Laws, Franchise Agreements, Franchises, Franchisors

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[Virtual Event] State of Litigation – Part 2 - June 16th, 12:00 pm - 2:15 pm CT

Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and how…more

Continuing Legal Education, Coronavirus/COVID-19, Credibility, Criminal Convictions, Ethics

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EPA Moves to Address PFAS Discharges Under Clean Water Act Ahead of New Administration

EPA recently proposed significant actions to address PFAS in wastewater under the Clean Water Act by (1) publishing recommended human health water quality criteria used to enact surface water quality standards and (2) proposing…more

Clean Water Act, Effluent Limitations, Environmental Protection Agency (EPA), PFAS, Pollution Control

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BE AWARE...Federal Enforcement of Discriminatory Pay Disparities on the Rise

The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race…more

Affirmative Action, Employer Liability Issues, Enforcement Actions, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Employers with Illinois Employees Should Be Aware of the Amendments to the Illinois One Day Rest in Seven Act

On January 1, 2023, the amendments to the Illinois One Day Rest in Seven Act (“ODRISA”) took effect, and the changes are significant. Employers with one or more employees in Illinois should take note of these new amendments to…more

Compliance Dates, Employer Liability Issues, Exempt-Employees, Non-Exempt Employees, Posting Requirements

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Wisconsin Federal Court Transfers Venue to Indiana Notwithstanding Forum Selection Clause

A federal court in Wisconsin recently transferred a franchisor’s breach of contract lawsuit to Indiana, the location of the franchisee, even though the parties’ supply agreement contained a Wisconsin forum selection clause…more

Breach of Contract, Choice-of-Law, Contract Disputes, Contract Terms, Forum Selection

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Transparency and AI: FTC Launches Enforcement Actions Against Businesses Promoting Deceptive AI Product Claims

Numerous businesses today deploy artificial intelligence (AI) innovatively across various industries, with many companies eager to hop on the AI hype train and ride the momentum of new and innovative business tools. While…more

Algorithms, Artificial Intelligence, Enforcement Actions, False Advertising, Federal Trade Commission (FTC)

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Federal Circuit Upholds Validity of Entresto Patent In Precedential Decision Concerning Written Description and Enablement

In a Jan. 10 precedential ruling by the United States Court of Appeals for the Federal Circuit, the validity of the U.S. patent covering Novartis’s blockbuster drug Entresto was upheld, reversing an earlier decision by the U.S…more

Claim Construction, Enablement Inquiries, Generic Drugs, Novartis, Patent Infringement

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The Importance of a Buy-Sell Agreement for Business Owners

If you are the owner of a business that does not have a buy-sell agreement in place, or you have not reviewed your buy-sell agreement recently, it may be time to sit down with your attorney. Buy-sell agreements can be complex…more

Business Disputes, Business Divorce, Business Succession, Buy-Sell Agreements, Buyouts

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Retirement Security Fiduciary Rule Stayed

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary protections…more

401k, Administrative Procedure Act, Chevron Deference, Department of Labor (DOL), Employee Benefits

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Provider Relief Funds Reporting Window Extended

The Provider Relief Fund was established in the CARES Act to reimburse eligible health care providers for increased expenses or lost revenue attributable to the Covid-19 pandemic. As a condition of receiving funds, providers had…more

CARES Act, Coronavirus/COVID-19, Deadlines, Health Care Providers, HRSA

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Southern District of New York Transfers Anticipatory Declaratory Judgment Action to the Middle District of North Carolina

Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment and breach of contract action…more

Breach of Contract, Business Litigation, Commercial Litigation, Contract Disputes, Declaratory Judgments

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Federal Circuit Upholds Validity of Entresto Patent In Precedential Decision Concerning Written Description and Enablement

In a Jan. 10 precedential ruling by the United States Court of Appeals for the Federal Circuit, the validity of the U.S. patent covering Novartis’s blockbuster drug Entresto was upheld, reversing an earlier decision by the U.S…more

Claim Construction, Enablement Inquiries, Generic Drugs, Novartis, Patent Infringement

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States Increasingly Considering COVID-19 Liability Protections

As we approach one year from the WHO’s declaration of the COVID-19 outbreak as a global pandemic, many state legislatures are adopting or considering laws shielding businesses from liability related to COVID-19. Generally, the…more

Civil Liability, Coronavirus/COVID-19, Immunity, Infectious Diseases, State Legislatures

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First Time Issuance of IRS Form for Elections Under Section 83(b)

For the first time, the IRS has issued an official form to be used for making an election under Section 83(b) of the Internal Revenue Code. Until the IRS issued Form 15620 in late 2024, taxpayers used their own “homemade” forms…more

Income Taxes, Internal Revenue Code (IRC), IRC Section 83(b), IRS, Required Forms

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History and Outlook of the Federal Estate Tax

At the end of 2025, the federal estate and gift tax exemption will dramatically decrease unless Congress affirmatively passes a law saying otherwise. This event is the “sunsetting” of a 2018 federal tax law and is leading many…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Is Your Environmental Nonprofit At Risk for Tax-Exempt Status Revocation by the President?

Recent press reports speculating that President Trump will take action to revoke the tax-exempt status of some environmental organizations – coupled with his public statements advocating for the revocation of Harvard’s…more

Audits, Executive Orders, Harvard University, IRS, Nonprofits

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Federal Circuit Reverses Preliminary Injunction for Trade Secret Misappropriation

In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. …more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Medical Devices, Misappropriation, Patents

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Recent Decision from California Appeals Court Could Imperil Homeowner’s Coverage for Southern California Wildfires

Coming on the heels of what are projected to be the costliest wildfires in California history, a new decision from the California Second District Court of Appeals could make it more difficult to obtain insurance coverage for…more

Appellate Courts, Bad Faith, Breach of Contract, Homeowners, Insurance Claims

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Department of Education Certification Requirement Enforcement Date Extended to April 24

On April 9, an agreement was reached in a New Hampshire federal court blocking the U.S. Department of Education (ED) from taking any enforcement action under the February 14 “Dear Colleague” Letter (DCL) or the April 3 ED…more

Certification Requirements, Compliance Dates, Dear Colleague Letter, Department of Education, Diversity and Inclusion Standards (D&I)

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United States Supreme Court Expands Worker Exemption in Federal Arbitration Act

The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker…more

Arbitration, Bissonnette v LePage Bakeries Park St LLC, Exemptions, Federal Arbitration Act, Interstate Commerce

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Bankruptcy Court Grants Motion of Franchisee Debtor to Reject Franchise Agreement, Concludes Noncompete and Confidentiality Provisions Enforceable Post-Rejection

A Michigan bankruptcy court recently granted debtor/franchisee Empower Central Michigan Inc.’s motion to reject a franchise agreement as an executory contract but found that a non-compete clause and a related confidentiality…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Confidentiality Agreements, Contract Terms

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FTC Sues PepsiCo for Illegal Price Discrimination Under Robinson-Patman Act

The Federal Trade Commission recently sued PepsiCo, Inc. alleging that the company engaged in illegal price discrimination by providing a large retailer with unfair pricing advantages in violation of the Robinson-Patman Act…more

Antitrust Provisions, Antitrust Violations, Enforcement Actions, Federal Trade Commission (FTC), PepsiCo

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EPA Moves to Address PFAS Discharges Under Clean Water Act Ahead of New Administration

EPA recently proposed significant actions to address PFAS in wastewater under the Clean Water Act by (1) publishing recommended human health water quality criteria used to enact surface water quality standards and (2) proposing…more

Clean Water Act, Effluent Limitations, Environmental Protection Agency (EPA), PFAS, Pollution Control

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Six-Step Quick Guide to the Beneficial Ownership Information (“BOI”) Reporting Rules of the Corporate Transparency Act (“CTA”)

In September 2022, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued the final beneficial ownership information (“BOI”) reporting rules (the “BOI Reporting Rules”) of the Corporate…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Filing Deadlines

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U.S.-China Trade Update: Tariff Escalation and End of De Minimis Exemption

On April 2, 2025, the U.S. government implemented new measures affecting trade with China via Executive Order, including a reciprocal tariff regime and elimination of the de minimis exemption for Chinese-origin goods. These…more

China, De Minimus Quantity Exemption, Executive Orders, International Trade, Retaliatory Tariffs

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USPTO Announces Patent Fee Hikes for 2025

The United States Patent and Trademark Office (USPTO) announced on Wednesday that patent-related fees will be raised starting January 19, 2025 to offset forecasted increases in operating cost…more

Intellectual Property Protection, Patent Applications, Patent Examinations, Patent Fees, Patent Term Extensions

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Minnesota Court of Appeals Decides Beneficiary Subject to Fiduciary Duty When Exercising Power to Remove Trustee

On November 6, 2023, the Minnesota Court of Appeals issued its opinion in In the Matter of the Trust Agreement of Genevieve M. Rossow. Among other topics, the court’s opinion addressed whether a trust beneficiary’s power to…more

Bad Faith, Beneficiaries, Estate Planning, Fiduciary Duty, Trust Administration

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Missouri Supreme Court Holds Statutes Creating Lake of the Ozarks Area Lodging Tax Unconstitutional

Guests of Lake of the Ozarks lodging establishments ranging from vacation rentals to resorts will have one less tax to pay thanks to a recent decision by the Missouri Supreme Court. The court found that statutes creating a lake…more

AirBnB, Constitutional Challenges, State Constitutions, Tax Revenues, Tourism

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Revisions To Delaware SB 21 Made Public After Initial Draft Criticized As Too Controller-Friendly

On March 3, a committee of the Delaware State Bar Association (DSBA) announced revisions to Senate Bill 21 (SB 21) aimed at paring back some of the proposed protections seen as too controller-friendly…more

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

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Health Checkup for Your Company

The new requirement for companies to comply with the Corporate Transparency Act (CTA) prior to year-end has caused many business owners to ask what other housekeeping work they need to do. All company owners need to maintain the…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, Disclosure Requirements

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Homeowners Allege California FAIR Plan Member Insurers Impermissibly Restricted Wildfire-Related Loss Coverage

Last week, 10 California homeowners filed suit in Los Angeles County Superior Court against the California FAIR Plan Association (CFPA) and several of its largest insurance company members. Plaintiffs allege defendants…more

California, Department of Insurance, Enforcement, Homeowners, Insurance Claims

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Federal Circuit Overrules ODP Rejection of Parent Patent Based on In re Cellect

In a new precedential decision issued August 13, 2024, the Court of Appeals for the Federal Circuit in Allergan USA. v. MSN Labs, 24-1061, held that a first-filed, first-issued parent patent that receives a patent term…more

Abbreviated New Drug Application (ANDA), Allergan Inc, First-Filed Action Rule, Generic Drugs, Obviousness-Type Double Patenting (ODP)

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California Federal District Court Dismisses Distributor’s Oral Contract Claims Under Statute of Frauds

A federal court in California recently granted a manufacturer’s motion to dismiss a distributor’s oral contract claims, but declined to dismiss claims for promissory estoppel and unjust enrichment. Cosmonova, LLC v. BioFilm,…more

Breach of Contract, Business Litigation, Contract Disputes, Damages, Manufacturers

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Amendments to Minnesota's Earned Sick and Safe Time Act

On May 24, 2024, Minnesota Governor Tim Waltz signed legislation amending the Minnesota Earned Sick and Safe Time (ESST) law that went into effect earlier this year on January 1, 2024…more

Amended Legislation, Compliance, Governor Walz, Safe Leave, Sick Leave

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EPA Releases Long Awaited Risk Assessment of PFOA and PFOS in Biosolids

On January 14, 2025, the EPA released for public comment a risk assessment report evaluating the potential risks associated with land application and land disposal of biosolids containing two types of PFAS, PFOA and PFOS…more

Biosolids, CERCLA, Clean Water Act, Comment Period, Drinking Water

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EPA’s ‘Forever Chemicals’ Rule at Risk Without Chevron Deference

The US Supreme Court’s June 28 decision to end judicial deference to agencies’ reasonable interpretations of laws comes at a pivotal time for new regulations related to “forever chemicals”—per- and polyfluoroalkyl substances…more

CERCLA, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Hazardous Substances

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European Union Artificial Intelligence Act

On June 14, 2023, the European Parliament passed its version of the Artificial Intelligence Act (the “Act”). The Act is now under review by negotiators from the European Union’s (“EU”) three bodies – the European Commission,…more

Artificial Intelligence, Biometric Information, Cybersecurity, EU, European Commission

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Minnesota Federal Court Grants Furniture Store’s Motion to Compel Arbitration but Stays Rather than Dismisses Sales Representative’s Claims

A federal court in Minnesota recently granted in part Ashley Furniture Industries’ motion to compel arbitration of a Minnesota-based sales representative’s claims. ABWB, Inc. v. Ashley Furniture Indus., LLC,2024 WL 4296900 (D…more

Arbitration, Federal Arbitration Act, Forum Selection, Motion to Compel, Stays

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Reporting Rules for the Corporate Transparency Act Continue to Evolve

Reporting rules for The Corporate Transparency Act (“CTA”) took effect on January 1, 2024. The new rules require certain business entities (like some corporations, partnerships and LLCs), each defined as a “reporting company”,…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, FinCEN

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Local Kansas City Funding for Small Businesses and Nonprofit Organizations

In response to the global COVID-19 pandemic, Kansas City area economic development organizations, corporations, foundations and municipalities are offering financial assistance in the form of loans and grants to small businesses…more

Coronavirus/COVID-19, Economic Development, Funding, Municipalities, Nonprofits

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U.S.-China Trade Update: Tariff Escalation and End of De Minimis Exemption

On April 2, 2025, the U.S. government implemented new measures affecting trade with China via Executive Order, including a reciprocal tariff regime and elimination of the de minimis exemption for Chinese-origin goods. These…more

China, De Minimus Quantity Exemption, Executive Orders, International Trade, Retaliatory Tariffs

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MN Legislature Considers Limiting PE Investment in Healthcare

On February 22, 2024, the Minnesota legislature introduced a bill (SF-4392 and companion bill HR-4206) which seeks to curb the control and acquisition over certain healthcare providers by private equity companies and real estate…more

Acquisitions, Federal Trade Commission (FTC), Health Care Providers, Healthcare Facilities, Investors

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How Commercial General Liability Policies’ ‘Coverage B’ Can Help Mitigate IP Losses

In recent years, intellectual property (IP) claims have been on the rise—patent disputes, infringement claims, unlicensed use of social media content—all often lead to expensive IP litigation. Originally published in…more

Commercial General Liability Policies, Disparagement, Intellectual Property Protection, IP Litigation, Patent Litigation

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Proposed OSHA Rule Hopes to Turn Down the Heat

On August 30, the Occupational Safety and Health Administration (OSHA) published a proposed new rule aimed at addressing the adverse effects of heat in the workplace. The proposed rule - titled Heat Injury and Illness Prevention…more

Comment Period, Health and Safety, Heat Exposure, OSHA, Proposed Rules

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Ohio Federal Court Dismisses Perpetrator Liability Sex Trafficking Claims Against Hotel Defendants, Allows Vicarious Liability Claims to Proceed

A federal court in Ohio recently granted, in part, defendants’ motion to dismiss various TVPRA claims and denied their motion to transfer in a suit concerning alleged sex trafficking at two Red Roof Inn locations in Virginia…more

Choice-of-Venue, Dismissals, Employer Liability Issues, Federal Court Litigation, Franchises

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$43 Million False Claims Act Verdict in Minnesota Illustrates Ongoing Anti-kickback Statute Risks

On February 27, a Minnesota federal court jury ruled in the favor of the U.S. Department of Justice (DOJ) in a False Claims Act (FCA) case based on allegations of Anti-kickback Statute (AKS) violations. The focus of the case was…more

Anti-Kickback Statute, Bribery, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Hair Length Discrimination Banned in Colorado

Colorado recently amended its CROWN Act of 2020 to include hair length as a protected characteristic for purposes of the state’s nondiscrimination law…more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Hairstyle Discrimination

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(Almost) Ten Top Tips for Fiduciaries to Avoid Litigation

​​​​​​​Fiduciaries sometimes find themselves in the unenviable position of facing conflict, whether with or among beneficiaries. In this article we offer some tips for preventing and managing conflicts and approaching the role…more

Beneficiaries, Best Practices, Breach of Duty, Conflicts of Interest, Fiduciary

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Pennsylvania Appellate Court Affirms Finding of Vicarious Liability Against Franchisor in Pizza Delivery Accident

The Superior Court of Pennsylvania recently affirmed a judgment holding Domino’s Pizza vicariously liable for a motorcycle accident involving a franchisee’s delivery driver. Coryell v. Morris, — A.3d —, 2025 Pa. Super. 28 (Jan…more

Bodily Injury, Dominos, Employer Liability Issues, Franchise Agreements, Franchisee

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