The growing capabilities of artificial intelligence (AI) technology present new opportunities for human decision-making substitutes, even in the realm of arbitration. As these technologies transform every aspect of our lives, it is also crucial to carefully examine the potential repercussions, including the acceptance of a lack of human element in decision-making and the implications for…
The Mexican Congress is presently discussing a reform that would decrease the workweek from 48 to 40 hours, per a report from Holland & Knight LLP. This change could have substantial repercussions on workplaces throughout the country. Although details surrounding the specific impacts are not yet fully available, they are expected to be significant and…
In an age of fast-paced developments and swift entrepreneurial endeavors, the importance of drafting meticulous organizational documents is often glossed over by entrepreneurs and future IPO aspirants. Taking a situation analogous to this, one might consider this similar to purchasing a house without heeding to the exact name on the title or the details enshrined…
The landscape of noncompete agreements is rapidly evolving in the United States as various jurisdictions take steps to restrict or entirely prevent their use. In a significant development in the constitutional state, California recently expanded its ban on such agreements with a new amendment. With an already strict stance on noncompetes, California is ahead of…
The smooth functioning of the United States government hinges on an agreed annual cycle of budget allocation and spending involving the House, Senate, and President. Typically, the President’s annual budget request is floated to Congress. The House and Senate then, independently, craft their budget resolutions. If there are discrepancies between these resolutions and the President’s…
On August 23, 2023, the United States Securities and Exchange Commission (SEC) adopted fresh rules and amendments termed “PFA Rules”. These were added under the Investment Advisers Act of 1940 (the “Advisers Act”). The PFA Rules have introduced new obligations and requirements for investment advisers to private funds. As outlined by Robinson Bradshaw, these amendments…
As of September 1, 2023, California employers need to amend their procedures in regard to non-compete agreements for their employees. In an important development, Governor Gavin Newsom has enacted SB 699, a piece of legislation designed to strengthen the state’s approach to non-compete agreements and their enforcement.[1] California has a history of being averse to…
The shadow of a potential government shutdown is looming larger, with the current federal funding expiring this Saturday. As the deadline comes closer, chances of Congress passing a continuing resolution or a short-term stopgap measure to prevent the shutdown seem increasingly slim. This precarious situation warrants keen attention, especially by government contractors who could face…
Keating Muething & Klekamp PLL have recently distributed their monthly update on significant Employee Retirement Income Security Act (ERISA) legal developments. The September Monthly Minute is directed to corporate legal professionals and covers three important areas: tobacco surcharge cases, gag clause attestation, and adjustments to the Affordable Care Act (ACA) affordability percentage. The Monthly Minute…
In August 2023, the Office of Inspector General for the Department of Health and Human Services (OIG) declared a new strategic plan seeking to scrutinize the lifecycle of Medicare Advantage and Medicaid managed care contracts. This investigation will span from the inception of the contracts right up to their enrolment, reimbursement, services, and renewal phases….
In these times of heightened interest rates and inflation, certain purchasers of pre-sale or pre-construction condominiums may well be wrestling with buyer’s remorse as the closing date looms closer. The regret can be even stronger for those who may have signed contracts of purchase and sale several years previously, during a different economic climate. According…
In the rapidly changing landscape of employment law in the U.S., companies making use of noncompete agreements should ceaselessly assess their practices. Recent shifts in legal infrastructure reveal a growing hostility towards these agreements, which may signal their slow extinction.JDSupra reports. Noncompete agreements, a common feature of many employment contracts, restrict employees from working for…
In the legal world, particularly contract law, the term ‘standard’ often incites a sense of security, predictability, and familiarity. Yet, an article recently published on JD Supra rightly advises industry professionals to be wary of ‘standard’ contract terms cautioning that ‘nothing is ‘standard’. The concern lies within the scenario where developers, designers, contractors and other…
When it comes to the intersection of betting and regulation, recent decisions from the Commodity Futures Trading Commission (CFTC) are offering plenty to ponder over. As highlighted in a piece penned by Suzanne Cosgrove, an emerging regulatory narrative surrounds the prohibition of what are referred to as Congressional Control Contracts. The CFTC, primarily responsible for…
Texting has evolved over the years from simple text messages to graphics-heavy conversations. Emojis are prevalent in modern communication, turning up in a wide array of communications – including, as it turns out, legal ones. But can a thumbs-up emoji be legally binding? It appears so, according to a recent ruling in Canada. In a…
Seventh Circuit Judge Richard A. Posner, now retired, is on the receiving end of a lawsuit claiming that he failed to pay a hired individual a six-figure salary. This said individual was employed to head a pro bono legal services organization, which is currently non-operational. The amount in dispute is reported to be $170,000. This…
The US is not the only country currently engaging in debates around non-compete reform. There’s a global shift happening, as other nations worldwide also grapple with the complexity of refining existing non-compete laws. Non-compete agreements—understood to be contracts between an employer and employee that restrict the latter’s ability to work for a competitor after employment…
September 2023 has seen substantial movements in the employment sector, with several noteworthy developments occurring post Parliament’s resumption from its summer recess. Major strides were made in the advancement of workplace rights, particularly in addressing sexual harassment and contract predictability. In a significant transposition, proposals centered around preventing sexual harassment at work received priority, thus…
In a significant development for construction law and green building practices, the New York State Office of General Services has officially issued the long-awaited New York State Buy Clean Concrete guidelines. These guidelines are applicable to certain State of New York (“NYS”) construction projects. The new regulations are set to dramatically reshape the requirements for…
If you’re a contractor who deals with the federal government in some capacity, then knowing what happens during a government shutdown is essential for nurturing your business. The past week has seen a significant surge in the likelihood of such a shutdown taking place due to the current congressional gridlock. This gridlock won’t even allow…
In a recent turn of events, there have been new legal changes concerning criminal background checks and noncompete agreements in California. These changes, which were approved by the Civil Rights Council, an arm of the Civil Rights Department, may have significant implications on all employers conducting background checks within the state. In addition to that,…
Welcome back to our coverage of the Truth in Negotiations Act (TINA), also colloquially referred to as Government Contracts Cost and Pricing. After two comprehensive articles on this topic, we now turn our attention to the Defense Contract Audit Agency (DCAA) audits in relation to TINA, and how governmental contractors can ensure compliance with these…
Legal professionals worldwide are turning their attention to a potentially significant development regarding contractual joint ventures. The Office of Inspector General (OIG) recently released Advisory Opinion 23-05, where it expressed the likelihood of imposing sanctions in relation to the proposed implementation of particular joint ventures for the provision of surgical monitoring services. In the said…
In a noteworthy case that may have broader implications, a New York state court recently voided a $1.3 million loan agreement with a corporate borrower. The cause behind this court action: the loan agreement’s cited interest rate of 34% contravened New York’s criminal usury law statute. The firm affected by the ruling, Orrick – Distressed…
On September 11, the Consumer Financial Protection Bureau (CFPB) issued a consent order against an Ohio-based nonbank consumer finance company. The company, who remains unnamed, was cited for deceptive practices in connection with consumer leasing agreements. This action by CFPB is part of a parallel multi-state settlement that also involves 41 states and the District…