All companies, foreign and domestic, holding securities listed in the United States will be required to adopt an executive compensation recoupment policy, widely known as a “clawback” policy, by no later than December 1, 2023. This initiative comes as the Securities and Exchange Commission (SEC) and national exchanges have adopted new rules obligating issuers to…
In recent years, many women have initiated lawsuits against hair product companies like Revlon and L’Oréal, an alarming trend worthy of legal and consumer attention. The root of these allegations lies mainly in the alleged side effects of chemical hair straighteners, especially considering the increased risk of developing uterine cancer. According to details from a…
In an intriguing turn of the legal tides, a court has recently dismissed a contractor’s claim that the COVID-19 pandemic rendered contract performance impossible. The precedent established is of particular interest to legal professionals. The essence of contract law has always been the fulfillment of legally enforceable promises. If such commitments or “contracts” are not…
In a notable development, the New York State Court of Appeals recently provided new insights on a long-debated subject in the legal world: the assumption of risk doctrine. The case under consideration involved an injured high school baseball player, whose case, the court has affirmed, must proceed to trial. The assumption of risk doctrine, as…
In one of the most significant outcomes in the District of Columbia’s (D.C.) environmental legal history, District of Columbia Attorney General Brian L. Schwalb has reached a $57 million settlement with the Potomac Electric Power Company (PEPCO). The amount marks the largest environmental settlement in D.C. history, and resolves allegations that have been leveled against…
In the second part of a two-part series titled Navigating Changes to a Job Post-PERM Certification, the impact of a job change on an approved, certified PERM and during a foreign national’s green card process is expertly evaluated. The series is presented by Jackson Lewis P.C. PERM, or Program Electronic Review Management, is a system…
In a surprising turn of events, Missouri is asking the Supreme Court to revive a law barring local police from enforcing federal gun laws. Revealing some larger discussions about the role of local law enforcement in upholding federal regulations, matters are not as straightforward as some may think. If publicly elected sheriffs shouldn’t be coerced…
Discussing compensation can be an uncomfortable process, despite its significance during job transition periods, particularly when transitioning from a law firm to an in-house setting or moving from one in-house position to another. It is a conversation of utmost importance, mirrored by the very personal and consequential nature of the topic. Notably, when considering compensation,…
Eminent domain is a legal principle allowing government entities to expropriate private property for public use, typically in exchange for reasonable compensation. California, like many other states, has this power. However, what does it mean for your property, and why does it happen? More importantly, is there a way to challenge or prevent it from…
In a move that made headlines recently, the California Department of Financial Protection and Innovation (CDFPI) enforced severe actions against Silicon Valley Bank (SVB), a California chartered, non-member bank. The CDFPI concluded its proceedings by positioning SVB into receivership and nominating the Federal Deposit Insurance Corporation (FDIC) as the administrative receiver. This incident with SVB…
In an intriguing development from the 2023 West Virginia Legislative Session, a new piece of legislation aiming to cap damages in deliberate intent cases has been passed. The notable House Bill 3270 brings crucial amendments to West Virginia Code § 23-4-2 and the established deliberate intent exception, which previously ruled the exclusive remedy of workers’…
In the world of venture capital and finance, acronyms and terms can often become convoluted, leaving both investors and entrepreneurs perplexed. One such term that has become prevalent among U.S.-based investors is “MRL”, which stands for a management rights letter. Despite its commonality, many are left wondering: “What is an MRL?” and “Why does this…
In recent years, the issue of underpayment for holiday pay, especially, concerning overtime and commission, has seen a significant rise in case laws. As a result, it has solidified the position that claims for such underpayments must be issued within a span of three months from the day of underpayment. Notably, these claims can be…
Florida’s legal framework underwent a significant reform in 2023 with respect to comparative fault. This specific change looks set to reverberate through the field of personal injury law, with the potential for the highest impact to be felt in cases pertaining to motorcycle accidents. Such incidents typically involve severe injuries, and the allocation of blame…
Issues of hiring, worker classification and terminations are significant facets of operational functionality and legal clarity for any business – more so for startups navigating these domains for the first time. One critical area that demands significant attention is documenting worker relationships and onboarding processes. Once a startup classifies a worker correctly, it becomes paramount…
In a seminal decision that could alter the legal landscape regarding fees and development, the Supreme Court of the United States declared that it will assess a Takings Clause case concerning the Fifth Amendment. The objective of this review is to ascertain whether permit exaction fees, sanctioned by legislation, are immune from the unconstitutional-conditions doctrine…
In the world of legal labor reform, few actions have recently resonated as strongly as the legislation passed by California’s Governor Gavin Newsom. On September 28, 2023, Newsom signed Assembly Bill (AB) No. 1228, which has significant implications for the state’s fast food industry. The law repeals the previous FAST Food Accountability and Standards Recovery…
On Monday, the U.S. Securities and Exchange Commission’s (SEC) mandatory clawback rule came into effect. This rule allows for the retrieval of erroneously paid incentive-based compensation to both current and former executives at publicly traded companies due to inaccuracies in financial reporting. The clawback rule’s inception was facilitated by the SEC in compliance with Section…
In a recent development, it appears the Russian government may be seeking to compensate aviation leasing companies for expropriated aircraft and engines. The situation arose as numerous U.S. leasing corporations were affected when Russia seized their aircraft and engines amidst a global sanctions regime imposed due to the ongoing Ukrainian war. The sanctions, spearheaded by…
These are bustling times for copyright law in the Supreme Court corridors with cases such as ‘Unicolors v. Hennes & Mauritz’ in 2021 and ‘Andy Warhol Foundation v. Goldsmith’ last year. The recent inclusion of ‘Nealy v. Warner Chappell Music‘ in the Supreme Court docket, a case that explores the degree to which a copyright…
As legal professionals, we often grapple with the precise interpretations of statutory language. One area of common consternation – the definition of “adverse employment action” and “privileges of employment” under Title VII of the Civil Rights Act. The Fifth Circuit Court of Appeals recently weighed in, shaping the contours of these constitutional debates, and inching…
In the ongoing discourse about liability and compensation in truck accident cases, Florida has captured the attention of the legal community. The state recently adopted a system known as “modified comparative negligence” – a noteworthy shift that has not gone unnoticed. Historically, like most other states, a victim in Florida could receive compensation even if…
In recent legal news, Mexico Restaurant, a Honolulu-based establishment renowned for its Mexican cuisine, has reached an agreement to settle a sexual and racial harassment lawsuit for the sum of $227,500, according to a recent announcement by the U.S. Equal Employment Opportunity Commission (EEOC). Visit here to read the official release. As reported by the…
In the wake of Axiom Ince’s abrupt shutdown, hitherto authorities at the firm are reportedly laboring to account for the £64 million deficit in the company’s client account. This proactive reaction follows Axiom Ince’s cancellation by the Solicitors Regulation Authority and a concurrent police examination into the firm’s proprietor, as per different stakeholders. A formal…
Calculating overtime pay according to the Fair Labor Standards Act (FLSA) often presents pitfall opportunities for employers, especially when it comes to the inclusion of non-discretionary income. This is a common error made by organizations which can lead to significant challenges. The FLSA is a cornerstone of labor law in the U.S, constructed to guarantee…