In a noteworthy development, the Ninth Circuit Court of Appeals has upheld a district court order denying a motion to compel arbitration of a plaintiff’s discrimination claims in Perez v. Discover Bank. The Ninth Circuit found the mandatory arbitration clauses in student and consolidation loan agreements, which were signed by the plaintiff, did not necessitate…
In light of the latest updates in public law and infrastructure, the Public Law team at the Paris office recently provided insights on the recent French and European news involving public contract law and public procurement law. The information provided offers a selection as well as an analysis of jurisprudence and regulatory texts over the…
For legal professionals working in corporations or large law firms, staying abreast of updates in local, state, and federal regulations is pivotal to effective policy management. The modern workplace is an ever-evolving landscape, with remote teams spanning the globe, and companies are continually tasked with adapting to new regulations across multiple jurisdictions. Recent changes range…
In an enforcement action that could send shockwaves through the consumer finance industry, the Consumer Financial Protection Bureau (CFPB) has permanently banned a Nonbank Consumer Finance Company operating from Manchester, New Hampshire. The action followed allegations that the company concealed contract terms of its lease agreements and neglected to provide necessary leasing disclosures. This action,…
As we emerge from the treacherous labyrinth of this pandemic, the resultant aftershocks are juddering through the fabric of our legal landscape, particularly on the terrain of contract law. Like the COVID-19 virus, COVID-related contract claims have not gone away, manifesting in myriad ways that continue to test the boundaries of law. One such frontier…
For many professionals in the legal space, the wave of union strikes over this past summer warrants close observation. Hollywood writers and actors garnered substantial media attention for their ongoing strike efforts; however, they were not alone in their endeavors. Union actions have precipitated significant outcomes for various labor markets. UPS drivers and commercial air…
“Force majeure” is a contractual provision that explains events agreed upon by the parties as unforeseen, unavoidable, and beyond the control of either. These events triggering force majeure are encompassing and may include natural cataclysms, political unrest, labor disturbances, or acts of God – essentially any event that allows a party to fail in their…
The California Consumer Privacy Act’s (CCPA) compliance burden for employers can be immense. Given this concern, companies should seize any opportunity to simplify their obligations under this statute. A surprisingly elementary strategy for doing this lies in updating your contracts with HR vendors. A suggestive article by Fisher Phillips on JDSupra outlines this method and…
Effective June 2, 2023, a significant regulation update comes into effect which will alter federal contracts and solicitation requirements. All such contracts are required to include the Federal Acquisition Regulation (FAR) clause: FAR 52.204-27, titled “Prohibition on a ByteDance Covered Application”. This clause is a concrete implementation of Section 102 of Division R of the…
As we witness a familiar scene unfolding in the US labor landscape, the U.S. Department of Labor (DOL) has announced its plan to revisit the regulations regarding overtime compensation. It’s indeed a déjà vu moment as the Department sets out to rewrite the overtime rule, similar to attempts made by the Obama Administration. For a…
When distributing investment funds and structuring fund documentation, it’s crucial to note cancellation rights (Widerrufsrechte). This not only applies to retail funds (Publikumsfonds) but also special funds (Spezialfonds) if they are distributed to “consumers” within the meaning of the German Civil Code (BGB). Consumer classification in this context could apply primarily to retail investors and…
In the past year, several federal appellate courts have breathed new life into lawsuits accusing universities of contract breaches with students. These institutions made the switch to remote learning amidst the COVID-19 pandemic’s peak, a decision that left students grappling with unchanged tuition and fees despite the altered learning format. Among these is a class-action…
In a notable move, California Governor Gavin Newsom has expanded the existing prohibition against non-compete agreements by signing the Senate Bill 699 into law on September 1, 2023. The new amendment notably affects the California Business & Professions Code Section 16600, outlawing an employer’s option to initiate or attempt enforcement of a non-compete agreement, notwithstanding…
Avionic Instruments, LLC has voiced its objections towards a contract awarded to Physical Optics Corporation (POC) by the Department of the Navy’s Naval Air Systems Command. The subject of the contract is the replacement of analog inverters on the Navy UH-1Y helicopter fleet with digital signal processor (DSP) inverters. The replacement of technology in military…
In a recent situation raising eyebrows in the legal and sports world alike, NBA player James Harden and executive Daryl Morey illustrate a situation ripe for legal navigation. James Harden – a standout athlete of a decade, notable in the National Basketball Association capacity – found himself at odds with one of the NBA’s prominent…
In a recent update, the Office of Federal Contract Compliance Programs (OFCCP) made public its second 2023 Corporate Scheduling Announcement List (CSAL). A significant development released on September 8, 2023, this impacts an estimated 1,000 supply and service establishments. The CSAL serves as an advance notification to contractors of impending audits, and thus warrants immediate…
As legal professionals, we’ve witnessed technology significantly transform the mechanisms of our day-to-day operations. Recently, leading the batch of disruptive technologies is Artificial Intelligence (AI). From AI-enabled chatbots to sophisticated virtual assistants, the scope and influence of AI in the legal sector are no longer mere buzzwords, but tangible realities. The presence of AI across…
In a recent ruling that has caught the attention of legal experts, the Tenth Circuit came down on the side of KFC in a contentious dispute with a franchisee over alleged breach of the implied covenant of good faith and fair dealing. The case, Kazi v. KFC US, LLC, 2023 WL 4983119 (10th Cir. Aug….
On September 1, 2023, California Governor Gavin Newsom signed into effect a new, stringent law aimed at enhancing the state’s protections for employee mobility. This new legislation also targets to nullify out-of-state employee non-compete agreements, marking a significant shift in the state’s approach to employee’s rights and contracts. Drawing into its ambit any contract void…
In an update that will grab the attention of legal professionals with corporate clients, the Office of Federal Contract Compliance Programs (OFCCP) announced on September 8, 2023, that it has posted a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. Announced on the industry platform JD Supra, the list consists of 1,000…
In an era of increasing digital threats and heightened scrutiny on data privacy, vendor agreements are undergoing significant changes. Recent efforts by the Department of Labor (DOL) focus on best practices in cybersecurity and data privacy for fiduciaries who contract and monitor recordkeepers and other plan providers. With the enforcement of new state privacy laws,…
September 2023 has seen important updates in the field of Energy and Sustainability within Washington D.C., particularly concerning the Bipartisan Infrastructure Law and Inflation Reduction Act. These crucial developments present a variety of opportunities relating to clean energy, a vital sector within both U.S. infrastructure and the economy. Foremost among these opportunities are those presented…
Engineering and construction giant Fluor Corporation finds itself in difficult legal waters as the SEC brings settled charges against the company, citing allegations of improper accounting on two of their large-scale, fixed-price construction projects. The charges were also extended to five of Fluor’s current and former officers and employees. The full story details can be…
In this week’s legal update for contractors and commercial businesses, we turn our attention to the recent news regarding the General Service Administration’s (GSA) One Acquisition Solution for Integrated Services (OASIS) Unrestricted Contract, which has now been extended until March 2025. This update was reported by GovConWire and comes via the weekly roundup on JD…
Across the globe, construction contracts commonly include specific provisions allowing for predetermined or “liquidated” damages in case of a contract breach. These provisions can arm the contracting parties with some level of certainty regarding potential repercussions of a contract breach and may ease the process of demonstrating damages during a court proceeding. In an intriguing…