In recent developments in England’s legal world, there have been substantial cases that highlighted the express duty of “good faith” within the legal infrastructure of the country, especially in the context of commercial real estate. Katten Muchin Rosenman LLP details these events in-depth in one of their advisories. The expectation of “good faith” in legal…
The COVID-19 pandemic’s devastating impact has led to a wave of personal injury claims from families of those severely affected by the disease. These claims, particularly cases involving employees supposedly acquiring COVID while on the job, are often brought before state courts. However, according to Goodell, DeVries, Leech & Dann, LLP, these claims may not…
In a constantly evolving legal landscape, businesses across the globe need to stay vigilant in their review and refinement of critical documentation, including “standard” employment and separation agreements. There is an increasing urgency for this due to recent trends, most notably a burst of activity from the U.S. National Labor Relations Board (NLRB) and its…
In a recent case, Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (ASBCA or the Board) made it clear that a failure on the part of the federal government to include or incorporate the McNamara-O’Hara Service Contract Act (SCA) FAR Clause 52.222-41 (the SCA Clause) in a contract, does…
In 2014, a remarkable controversy unfolded within the corporate world of Jimmy John’s, a popular sandwich franchise. An employee divulged the existence of a non-compete agreement that all employees had to sign, regardless of their position within the company hierarchy. This included everyone from store-level employees such as sandwich creators and delivery drivers to those…
About the enforcement of non-compete clauses and liquidated damages provisions, it’s crucial to be aware that regulations and viewpoints of pertinent bodies, especially The Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB), can significantly impact their legality and application. Non-compete covenants and liquidated damages clauses are often used in employment contracts to…
The legal landscape continues to evolve, with constant updates in the realm of financial regulations. Among the most recent developments, the Office of Financial Research has published a brief entitled, “Work-from-Home and the Future Consolidation of the U.S. Commercial Real Estate Office Sector: The Decline of Regional Malls May Provide Insight.” The briefing points towards…
As the winds of change continue to sweep across the legal landscape vis-a-vis labor and employment regulations, corporate legal professionals need to stay ahead. The most recent example of this evolving landscape is the amendment to the Illinois Equal Pay Act. Notably, Illinois Gov. J.B. Pritzker signed this modification, which will come into effect from…
The Office of Federal Contract Compliance Programs (OFCCP), the federal agency responsible for overseeing affirmative action and federal contract compliance, is set to introduce a significant adjustment to its audit procedures and conciliation practices affecting federal contractors, according to a report. The modifications to these protocols, which involve alleged discriminatory practices, herald a significant shift…
In a landscape where government regulations increasingly intersect with tech, federal contractors need to stay up-to-date on the current rules and revisions. One development of particular importance is the No TikTok on Government Devices Act, which has led to a recent rule banning the TikTok app from government devices. This rule extends to all government…
In what could be seen as a crucial legal resolution for corporate manufacturers and their military clients alike, 3M Co. has confirmed an agreement to shell out $6.01 billion over the next half-decade. This enormous sum is aimed at placating approximately 260,000 lawsuits brought forth alleging the company supplied defective ear plugs to the US…
In a notable decision, the U.S. Court of Appeals for the Federal Circuit has reviewed the application of the Contract Disputes Act’s (“CDA”) requirement for claims to state a “sum certain”. The case, ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), posed vital questions regarding…
The Flint water crisis litigation has added another layer of intrigue. Two attorneys have lodged a plea with a Michigan federal judge, aiming to halt their former colleague from allegedly absconding with a $1 million fee attached to the case. They argue that her actions contradict an agreement established during their firm’s division in 2017….
In a recent case of Klauber v. VMWare, the First Circuit Court has sanctioned the legality of a clause included in an employer’s remuneration plan allowing modification of commissions on substantial or unconventional sales. Often referred to as “windfall” clauses, such conditions are commonly seen in sales commission schemes.JD Supra reports that this ruling by…
A recent survey indicates a significant discrepancy in the expectations for contract turnaround times within corporate legal departments in Latin America, potentially raising tensions among business sectors. The study was conducted by ODDS Legal, a consultancy for legal operations. The survey involved interviewing 72 in-house counsels from Argentina, Chile, Colombia, Ecuador, Mexico, Peru, and Spain….
On August 17, the Office of the Comptroller of the Currency (OCC) disseminated a roster of recent enforcement actions executed against national banks, federal savings associations, and individuals presently and formerly associated with these organizations. The revealed enforcement actions encompass civil money penalty orders, formal contracts, and prohibition orders, all dispensed with the complaisance of…
On August 24, 2023, the Office of Information and Regulatory Affairs, part of the Office of Management and Budget (OMB), announced a decision marked as “Approved with Change” towards the proposed revisions of the Office of Federal Contract Compliance Programs (OFCCP) scheduling letter for supply and service contractors. These revisions are significant as they outline…
In the recent case of Atlas Brookview Mezzanine LLC v. DB Brookview LLC, dealt by the New York Supreme Court of Trial Courts, New York County in November 2021, the assumption that an accommodation pledge linked to a mortgage loan effectively impedes a borrower’s right of redemption has come under prompt examination. This claim has…
In a recent move reflecting an evolving regulatory landscape, Massachusetts’s Attorney General (AG) is intensifying his office’s focus on the motor-vehicle-repossession sector. The AG’s concentrated efforts came to light in a recent Assurance of Discontinuance (AOD), released on January 17, 2023. In this AOD, the AG made it clear that an investigation is underway concerning…
On August 23, 2023, almost a year after the Build America Buy America Act (BABA) was signed into law, the federal Office of Management and Budget (OMB) released its “Final Guidance for Grants and Agreements”. This guidance document intends to implement BABA’s domestic content preference requirements. As legal professionals, it’s essential for us to thoroughly…
A noteworthy milestone has been passed—ten years since Brazil implemented its pioneering anti-corruption law. This legislation has paved the way for numerous investigations and criminal charges. Unsurprisingly, these developments have also led to an influx of work—for both local and international law firms. A case that still echoes in the corridors of justice is the…
The Massachusetts Cannabis Control Commission (MCCC) has scheduled a vote on September 8, 2023, to decide on several significant regulations related to the marijuana industry. These encompass medical use, adult use, Host Community Agreements (HCA), Community Impact Fee (CIF) invoicing, and social equity regulations. On August 16, 2023, MCCC posted its draft regulations for 935…
Google’s Local Services Ads, which are both effective and economical for generating leads for specific types of law practices, can now be accessed directly within Clio Grow. This follows an integration by law practice management company, Clio, with Google’s Local Services Ads. In contrast to typical pay-per-click ads, local services ads appear at the top…
London-based governmental body Transport for London (TfL) and wealth management conglomerate Lombard International have chosen to extend their current legal panel contracts. TfL, the entity governing the majority of London’s transport network, has reportedly decided to extend its panel for two more years. This decision comes with the panel framework last reviewed in 2019 and…
A decade has elapsed since Brazil incorporated a significant anti-corruption law, leading to multiple investigations, criminal charges, and a considerable amount of work for both local and international law firms. This law has been integral in tailing corruption within Latin America’s largest economy, trapping politicians and executives across the Americas, additionally providing ample work to…