In an unusual occurrence in the corporate world, BNSF Railway, one of the largest freight train network operators in North America, is facing a lawsuit alleging that it hired a private investigator to follow one of its employees. The employee had reportedly taken a leave of absence due to an anxiety attack. Law.com first surfaced…
The United States Department of Labor (“DOL”) has recently finalized a rule which adjusts the manner in which prevailing wages are calculated for federally-funded construction projects. These adjustments are explicitly applicable to contracts that are subject to the Davis-Bacon Act and affiliated regulations. As outlined in a recent article, the alterations in the prevailing wage…
In a pivotal move, the Texas Supreme Court recently ruled in favor of developers and builders looking to enforce arbitration agreements in construction cases. Two key victories gave tremendous impetus to the principle of ‘Arbitration for All’. Contrary to previous presumption, the court ruled that household members and subsequent purchasers bringing a construction defect claim…
In a significant development in the finance sector, HSBC has vehemently defended its hiring of multiple former Silicon Valley Bank (SVB) employees. This defense comes in the face of a $1 billion poaching lawsuit filed by First Citizens Bank. First Citizens Bank had previously acquired remnants of the bankrupt California lender, SVB. However, HSBC counters…
The rise of artificial intelligence (AI) continues to revolutionize numerous sectors, including the legal profession where applications range from contract analysis to legal research. Now, even family office structures are finding beneficial uses for AI, although they must also navigate the potential risks associated with its adoption. This technology’s increasing prevalence prompts individuals and businesses…
Major law firms in Washington, D.C. like Baker Botts, K&L Gates, Sidley Austin, and Thompson Hine are in a race to bolster their litigation and dispute teams, as client demand in such practices is helping to balance out slowdowns in transactional work. This wave of recruitment is a response to a robust Q2 for countercyclical…
In a recent legal development pertaining to distributor relationships, the Ninth Circuit has made a significant ruling. The court has permitted suppliers and manufacturers in Washington to contractually agree on termination of distributor relationship without cause, and also puts a limit to remedies for such termination. Details of this ruling emerge from the case of…
In a significant move by the Israeli legislative body, new enrollees in managers’ insurance plans are facing potential restrictions. The changes, given clearance by the Knesset Finance Committee, see an amendment made to the existing regulations, setting new guidelines for the insurance sector. According to a report by JDSupra, the changes are set to take…
The landscape of California employment law continues to evolve in nuanced ways, particularly in relation to Professional and Administrative pay exemptions. This is a topic that impacts numerous corporations and law firms as changes in exemption rules may influence employment contracts, employee classification, and overall business strategy. According to a recent podcast featured on JD…
The U.S. Small Business Administration’s 8(a) Business Development Program, used to aid small businesses in competing in the American economy and accessing the federal procurement market, could be impacted by recent U.S. Supreme Court decisions. The rulings pertaining to affirmative action programs in higher education admissions could have profound implications for racially conscious programs in…
In a move to increase protections for service sector workers, New Jersey’s Governor Phil Murphy signed into law a piece of legislation known as the “Service Worker Retention Law” (S2389/A4682) on July 24. This step has garnered considerable attention, especially among large corporations and law firms hiring extensively in the services sector. The bill’s mandate…
The world of contract law is once again brought into sharper focus with the much-anticipated release of the Bar Exam Toolbox Podcast Episode 226, Part Two on Contract Defenses. The episode offers an insightful exploration into the complexities of contract defenses, building on the preliminary discussions of mistake, fraudulent misrepresentation, and non-disclosure covered in Part…
In a recent episode, Tom Howerton once again graced Jdsupra viewers with his insight, this time extensively treating the impact of NIST 800-53 Rev. 5 on organizational cybersecurity. This latest rendition of security guidelines issued by the National Institute of Standards and Technology (NIST) has expanded its sphere of influence to deal not just with…
In accord with a recent ruling, a New York federal judge throws his support to a near $16.6 million arbitrated award issued to Acorda Therapeutics Inc. Acorda Therapeutics, the American biotechnology company based in Ardsley, New York, has been in dispute with Ireland’s global biopharmaceutical company, Alkermes PLC, consequent to a bone of contention revolving…
In a significant development emerging from the Colorado judiciary, former Chief Justice Nathan B. Coats has been censured by a special tribunal. The tribunal’s move was in response to Coats authorizing a $2.7 million no-bid contract for a former high-level judicial department employee. This decision came despite allegations of “serious misconduct” floating around the employee…
In a recent turn of events anticipated by many GovCon news followers, the Small Business Administration (SBA) has announced a “temporary suspension” of new 8(a) application submissions. A development of significant judicial and business implications. For individuals who haven’t been closely tracking related news, this crucial development might appear slightly disorienting. To understand this better,…
In a surprising twist, Elon Musk, the CEO of Tesla and SpaceX, has pledged to aid individuals who have faced employer repercussions due to their activity on his rebranded social media platform, X. Framing himself as a representative of those wronged by the so-called “Woke Mind Virus,” Musk has offered to cover the legal fees…
The federal government’s contracting practices have played a significant role in shaping the Alaska economy over the past four decades, with numerous local businesses and Native corporations relying heavily on these contracts for revenue. According to the annual Top 49ers list from Alaska Business, federal government contracting constitutes a substantial portion of the income for…
The Consumer Financial Protection Bureau (CFPB) has initiated a lawsuit against USASF Servicing (USASF), a Georgia federal district court. According to JD Supra, the CFPB claims that USASF is in violation of the Consumer Financial Protection Act, engaging in several unfair acts or practices. USASF services retail installment sales contracts (RICs) that are originated by…
The global automotive industry has faced a multitude of challenges over the past years. Conflict in Eastern Europe, supply chain disruptions, and the ongoing impacts of the COVID-19 pandemic have left significant marks on this critical sector. As noted by legal experts at McDermott Will & Emery, these events have led to an environment of…
Trade and compliance professionals operating in the international legal landscape have a fresh set of complexities facing them. The intersection of “Buy America” provisions and the Federal Acquisition Regulations (FAR) are causing a stir within the sphere of global commerce and procurement, particularly in government contracts. A noteworthy development, as observed by the Braumiller Law…
In the rapidly evolving landscape of sports and entertainment law, a few incidents have recently caught the eye of legal professionals across the globe, including the slime-ulcast for Super Bowl LVIII, Cardi B’s concert drama, college sports revamp, and ASU Stadium’s new identity. These may offer valuable insights into the emerging trends and legal considerations…
Artificial intelligence (AI) continues to infiltrate numerous sectors, including law. Legal professionals have begun leveraging advanced technology to streamline operations and deliver efficient services. However, with this development, lawyers are now faced with the dilemma of negotiating contracts for AI services. This exposure emphasizes the need to be thoroughly aware of all aspects surrounding AI…
A refusal by a Pennsylvania federal court to diminish claims from a lawsuit against Takeda Pharmaceuticals and a number of generic-drug makers denotes an escalating issue concerning alleged anti-competitive behavior. These pharmaceutical companies have been accused of striking up exclusivity contracts aiming to delay competition for Takeda’s anti-gout drug, Colcrys. As a result, this controversial…
In a unanimous decision on July 21, 2023, a three-judge panel of the Ninth Circuit once again confirmed a ruling by a California federal court. The ruling states that truck drivers, who deliver ingredients from Domino’s Southern California Supply Chain Center to Domino’s California franchisees, are exempt from the Federal Arbitration Act (FAA). The reported…