The U.S. Department of Labor (DOL) on August 30, 2023, announced a Notice of Proposed Rulemaking (NPRM) that aims to substantially increase the salary thresholds for certain employees to be exempt from the Federal Fair Labor Standards Act (FLSA) overtime requirements. For further details shared by McGuireWoods LLP, click here. The DOL has also issued…
Ihor Kolomoisky, a prominent Ukraine tycoon, has been arrested and charged with fraud and money laundering related to his oil and gas holdings. The arrest is part of an on-going anti-corruption crackdown spearheaded by Ukraine’s main security agency, the Security Service of Ukraine (SBU). Local news reports from Ukraine indicate that the Shevchenkivskyi District Court…
In somber news for the industry, it seems that the U.S. legal sector underwent another contraction in August, as data from the U.S. Bureau of Labor Statistics reveals a loss of 4,200 jobs compared to July.The report, released on Friday, only adds to a trend observed in recent months. While it is concerning, the need…
For professionals in the world of corporate law and construction, especially those pertaining to the Texas jurisdiction, new legislation has passed which could have substantial effects on how change orders are handled. The legislation in question is House Bill 3485, recently passed by the Texas legislature. This bill sets a significant limit on owner-directed change…
In a calculated stride by the National Labor Relations Board (NLRB), two influential decisions were issued on August 30 that limit the ability of employers to implement changes during the initial contract negotiations and even after a collective bargaining agreement (CBA) has expired. The decisions made were in the Wendt and Tecnocap cases, markedly shifting…
On August 30, 2023, the U.S Department of Labor (DOL) unveiled a Notice of Proposed Rulemaking (NPRM) purporting to “restore and extend overtime protections to 3.6 million salaried workers” across the United States. The decision, as announced by the DOL, is aimed at increasing the salary threshold for exemptions under the Federal Labor Standards Act…
The Internal Revenue Service (IRS) has finally released a Notice of Proposed Rulemaking aimed at clarifying the prevailing wage and apprenticeship compliance requirements under the Inflation Reduction Act. This alert summarizes the key provisions outlined in the notice. One critical provision of the notice involves the identification of a qualifying project’s relevant wage determination(s). This…
Earlier this week, Judge Tanya Chutkan dismissed a group of potential amici in Donald Trump’s ongoing DC criminal case. Among the applicants was an entity claiming to be the “Galaxy Bar Association”, raising questions about their existence and intentions. The group does not appear to have an online presence, however, various recent court filings suggest…
In a heartfelt recounting, a parent reflects on the experience of dropping their third child off at college, a statement encapsulating the bittersweet nature of such transitions in the life of a family. Despite past experiences, the latest departure proves to be the toughest yet, with future farewells anticipated with equal parts apprehension and excitement….
In what continues to be a barrage of patent infringement lawsuits, Tesla once again finds itself defendant for the third consecutive month, with the latest action filed on August 4, 2023. Graphite Charging Company LLC, the entity responsible for the recent lawsuit, submitted the action in the Western District of Texas. This is the latest…
In a case that has intrigued the legal professionals globally, Inguran, LLC, DBA STGenetics v. ABS Global, INC., Genus PLC, No. 2022-1385 (July 5, 2023) seeks to address the issue of res judicata and the interpretation of the scope of an earlier judgment awarding an ongoing royalty. For context, back in 2006 and 2012, ABS…
In a recent ruling by the Utah Court of Appeals, the power and influence of integration clauses have been reinforced substantially. This judicial decision, as explored in this in-depth analysis, is particularly relevant for legal professionals involved in construction law and associated contracts, but its implications hold for many other sectors as well. During disputes…
The UK government has recently announced a significant shift in its strategy towards police misconduct, as it seeks to afford senior officers and chief constables greater power to terminate the contracts of employees deemed to be ‘rogue’. In addition to this, individuals who fail to pass background checks will also be subject to dismissal. A…
In a notable development on August 28, 2023, the US Securities and Exchange Commission (SEC) declared a settled enforcement action against Impact Theory LLC. The decision held that the unregistered sale of non-fungible tokens (NFTs) by Impact Theory were deemed securities. The delineation of NFTs as securities sets a precedent in the regulatory landscape of…
In recent news, the U.S. Department of Labor (DOL) has made public a Notice of Proposed Rulemaking (NPRM) signaling a potential revision of the regulations under the Fair Labor Standards Act (FLSA). Of particular note, it is the salary threshold portion within the test for determining whether specific white-collar salaried employees are exempt from minimum…
In July 2023, Ontario’s Ministry of Energy unveiled its blueprint for the procurement and conservation of the electricity resources required to meet rising demand in the province. Titled “Powering Ontario’s Growth: Ontario’s Plan for a Clean Energy Future,” this 84-page document details the province’s strategy to construct clean electricity generation, storage, and transmission infrastructure. This…
Today, legal professionals across the globe need to pay close attention to recent proposals put forth by the U.S. Department of Labor. The department has suggested a substantial rise in the Fair Labor Standards Act’s (FLSA) salary-level threshold. This would vault from the existing $35,568 to a proposed $55,068. If this proposition is endorsed, it…
In the face of an aging global population, real estate trends in the senior housing sector have been evolving rapidly. Communities around the world are witnessing a notable increase in their older populations, a trend expected to persist in the upcoming years. With an understanding of this demographic shift, municipalities have initiated strategic planning to…
Legal specialists and corporate professionals are taking note of a recent proposed rule from the U.S. Department of Labor (DOL), aimed at expanding overtime protections. Initiated on August 30, 2023, this proposed rule has the potential to affect a wide range of workers under the Fair Labor Standards Act (FLSA). The DOL’s proposed rule sets…
The U.S. Department of the Treasury has recently released a proposed rulemaking related to prevailing wage and apprenticeship (PWA) requirements for increased tax credits. This initiative has been established by the Inflation Reduction Act of 2022 (IRA), and includes an increase in the investment tax credit under section 48 of the Internal Revenue Code (ITC),…
In an intriguing development in the world of franchising, a Virginia district court recently ruled in favor of a franchisor, dismissing a lawsuit filed by 360 Painting. Known for its vast portfolio in residential and commercial painting services, the operation’s legal challenge was based on allegations of breach of contract and a call for equitable…
On June 30, the Northern District of Illinois vacated the $228 million in damages awarded in the first jury trial arising under Illinois’ Biometric Information Privacy Act and ordered a new jury trial limited to the determination of damages. The case, Rogers v. BNSF Railway, Co. was brought on behalf of a class of truck…
In a recent decision on August 23, 2023, The Delaware Court of Chancery addressed an issue of poorly drafted contracts in the case, Frontline Technologies Parent LLC et al. v. Brian Murphy et al. The case, as pronounced by the court, is described as a “textbook example of why parties should ensure their contracts say…
In a recent ruling by the High Court, England was identified as the most suitable platform to determine whether Vale SA, a Brazilian corporation, should shoulder liability with the BHP Group within a class action lawsuit presented in the English High Court. This follows the disastrous 2015 Fundão Dam calamity in Brazil. The case, dubbed…
In the realm of government contracts and litigation thereunto, the United States Court of Appeals for the Federal Circuit has provided some clarity on a critical issue. The court holds that the “sum certain” requirement for Contract Disputes Act (CDA) claims against the government is a nonjurisdictional rule, and as such, this requirement is subject…