The fiduciary standards of ERISA and applicable tax rules have, for a long time, presented a challenging spectrum for benefit plan administrators. Given the complexity of the responsibilities, sourcing for formidable best practices has emerged as a common concern for plan sponsors aiming to enhance their compliance, regardless of the plan type involved. Following our…
In recent news, Rite Aid Corporation, the well-known drugstore chain, is facing severe financial troubles. According to Seward & Kissel LLP, Rite Aid is preparing to file for bankruptcy and plans to close as many as 500 out of its 2,100 stores. A series of complex challenges have contributed to the company’s woes. Primarily, Rite…
In a recent case, Mass General Brigham (MGB), a renowned hospital network in Massachusetts, won against six plaintiffs in an Americans with Disabilities Act (ADA) related dispute. The plaintiffs alleged that MGB violated their rights under the ADA and Civil Rights Act Title VII when it denied their requests for medical exemptions from the COVID-19…
The ongoing stalemate between the Senate and the House regarding government funding paths is expected to lead to a likely shutdown on October 1, 2023 according to this week’s McDermottPlus Check-up. The Senate is believed to be weighing up a short-term Continuing Resolution (CR) that would finance the administration through November 17. However, final endorsement…
Uncertainty looms over the US federal government due to the looming possibility of a partial shutdown. An impasse in Congress regarding the enactment of appropriations to fund specific federal operations could result in a shutdown by September 30, 2023. This situation could have significant effects on antitrust merger enforcement and the review of new and…
In a recent development, the Supreme Court of New York ruled in a landmark case, State Farm Fire & Cas. Co. v. Tamagawa, Index No. 510977/2021, 2023 N.Y. Misc. Lexis 5434, that an insurer has the right to settle its property subrogation lawsuit with the offender and discontinue the lawsuit regardless if the insured has…
California Governor Gavin Newsom signed Senate Bill (SB) No. 428 on September 30, 2023, expanding the state’s Workplace Violence Restraining Order law. The update offers protection against certain types of harassment in the workplace, further fortifying the legal measures for occupational safety in the region. Previously, the workplace violence restraining order rule in California catered…
In a recent ruling, the Court of Chancery dismissed an employer’s claim against its former employee for breach of an employment agreement’s restrictive covenants, reaffirming the court’s established reluctance towards enforcing excessively broad restrictive covenants. The case in question, Centurion Service Group, LLC v. Wilensky, involved an employment agreement between plaintiff Centurion and defendant Wilensky….
In a significant update to data privacy regulations, as of July 10, 2023, the participating U.S. organizations found themselves operating under the new rules of the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). This new arrangement replaced the invalidated EU-U.S. Privacy Shield framework (“Privacy Shield”), enabling U.S. firms to legally receive personal data from the European…
The “Jewish Divorce Talk” podcast has just concluded its first season, providing a thoughtful and comprehensive exploration of the complexities of divorce within the Jewish community. The podcast’s host has been engaged in insightful dialogues with a variety of notable figures, ranging from scholars and experts to cultural figures, delving into every facet of Jewish…
As the acceleration of digital transformation carries on unabated, operational resilience is gaining heightened importance for modern businesses. Organizations are increasingly relying on third-party providers and outsourced IT solutions, thus raising the stakes of exposure to digital threats and other types of business interruption. Accordingly, the need for access to critical software source code and…
In July, the United States Patent and Trademark Office (USPTO) announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. This interim process was initially established in the aftermath of the Supreme Court’s decision in U.S. v. Arthrex, 594 U.S. ___ (2021). The USPTO’s interim process has experienced…
The North Carolina General Assembly ratified a new state budget on September 22, 2023, for the period spanning from July 1, 2023, through June 30, 2025. Upon its passage, despite some reservations, Governor Roy Cooper indicated he would permit the budget to transform into law without his formal endorsement. As part of this fresh legislative…
In an increasingly digitized world where data is the new gold, privacy policies and their governing regulations have taken center stage. Regulatory bodies worldwide are heightening their focus on how companies, particularly lenders, formulate their privacy notices, especially when deploying artificial intelligence (AI) and complex models in their operations. The Consumer Financial Protection Bureau (CFPB)…
In the October 2023 wireless industry report, our focus will be centered on key developments and deadlines, with the Federal Communications Commission’s (FCC) heavily anticipated draft being the highlight. The FCC has finally released the much-anticipated draft of its Notice of Proposed Rulemaking (NPRM) on net neutrality. The NPRM signifies a significant shift in the…
In a world where advancements in life sciences, medtech, and diagnostic industries continue to spur growth and complexity in equal measure, the legal, regulatory, and compliance landscapes have been transformed accordingly. This development is crucial for firms, investors, and legal professionals who must stay current with a raft of evolving laws and regulations across pharmaceuticals,…
Earlier this month, a federal judge vacated two convictions connected to the Department of Justice’s investigation into corruption in international soccer, also known as the “FIFA Case”. The convictions were related to alleged fraud in terms of honest services. The accused were involved in bribery and kickback schemes related to the acquisition of soccer broadcasting…
As a legal professional, it’s crucial you’re kept informed about on-going changes in law that could impact your practice or your company. A prime example being the recent amendments made to Texas’s data breach reporting requirements. These important changes went into effect on September 1st, and primarily affect the time interval for breach notification. According…
As legal professionals worldwide are well aware, governmental fiscal deadlines often induce turbulence in multiple sectors. The looming fiscal deadline of September 30th typifies such a situation. Failure to procure an appropriate funding deal keeps the threat of a government shutdown on the horizon. This, in turn, may have significant implications for wage and hour…
In a notable development in the healthcare sector, Louisiana’s Certificate of Public Advantage (COPA) legislation has provided an exemption for hospital acquisitions from Federal antitrust laws. This information comes in the aftermath of a lawsuit filed by the Federal Trade Commission (FTC) in April. The FTC had sought an injunction in the Federal District Court…
In recent environmental legal developments, Macy’s, the renowned department store chain, has been held liable for environmental infringements across its 98 outlets in California and has been directed to pay a hefty sum of $1.6 million to resolve a lawsuit. This litigation was initiated by district attorneys hailing from 25 California counties and two city…
The Law Commission has recently issued its final report on the review of the Arbitration Act 1996. Commencing in March 2021, the review has been exhaustive and has encompassed two consultations. As legal professionals and those closely following the arbitration legal space would know, the Law Commission, in its role as the independent body responsible…
The United States Patent and Trademark Office (USPTO) recently made significant updates to its Madrid Protocol webpages. These changes aim to improve and simplify the experience for international trademark applicants. According to a bulletin issued by the USPTO, the website now exhibits enhanced content designed to be more understandable and accessible. Few details regarding the…
On September 28, 2023, Arlington County released an updated draft of their Langston Boulevard Area Plan, referred to as Plan Langston Boulevard. The ambitious plan sees the long-term redevelopment of Langston Boulevard into a mixed-use corridor. Notable in its focus, the plan places substantial emphasis on sustainability, environmental resilience, and equity as foundational elements. Arlington…
While trusts are a common tool used to transfer wealth within families, protect wealth, and reduce taxes, there’s often a prevalent lack of understanding about what a trust is or how they operate. As is evidenced by the situation that many legal professionals find themselves facing – clients questioning the specificities of a trust, its…