On January 19, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here and here. The original deadline for comments on the proposed rule was March 20. On March 6, the FTC announced it is extending the deadline to submit comments to April 19. As of March 9, a total of 16,965 comments (8,848 electronically) have been received on the proposed rule ...
Trademark owners have already faced a number of changes since the Trademark Modernization Act (“TMA”) first began to take effect in 2021. However, it’s a small change to the provisions regarding attorney representation at the US Trademark Office that may have the most costly impact to trademark owners and lead to an unintended loss of rights. The provision is 37 CFR § 2 ...
The Federal Housing Administration recently issued Mortgagee Letter 2022-23, establishing a new COVID-19 Home Equity Conversion Mortgage Property Charge Repayment Plan.[1] The COVID-19 HECM Property Charge Repayment Plan would aid HECM borrowers in covering costs associated with standard property charges. As a condition of their loan, HECM borrowers are required to pay property charges such as property taxes, insurance and homeowner association fees related to their mortgaged property ...
March 9, 2023 By: Gwenneth O’Hara, Jonathan Kendrick, and Samir Hafez While reading this client update, the first thing you need to do is keep in mind the date of April 14, 2023. As explained below, that is the last date to submit an interconnection application with your utility provider to grandfather a new solar system into the current net energy metering (NEM) program called NEM 2.0 ...
Lavery celebrates International Women?s Day today Today, Wednesday, March 8, we celebrate International Women?s Day. IWD is an opportunity to honour those who inspire us every day and who continue to demonstrate the progress we?ve made towards gender equality in the workplace, setting an example for future generations. This year, several of the firm?s women professionals shared why they decided to become lawyers ...
Published in Corporate Counsel Business Journal March 1, 2023 CCBJ: To start out, please share your background with our readers, including your involvement with the WSG–Legal 500 Survey of In-House Legal Technology. Herman Raspé: I am a partner at Patterson Belknap Webb & Tyler in the capital markets group with a focus principally on equity, but also cross-border debt transactions ...
Litigating in Florida state court can be a slog. Cases move slowly, discovery can be a hassle, and scheduling is sometimes a headache. Yet judges aren’t to blame—Florida trial courts are overloaded and under-resourced. The Florida Supreme Court wants to change that. Just weeks ago, the court signaled that big changes—and perhaps even a resource infusion—are on the horizon. This article unpacks those changes and what they mean for litigants and their lawyers ...
This is the third alert in a series designed to inform physicians and other health care providers of what to do in the event of a State Medical Board of Ohio (“Board”) investigation, how to potentially avoid an investigation and what to expect during a license disciplinary case ...
Financial services companies, such as banks, credit unions, lenders, finance companies, loan servicers, broker-dealers, and securities firms, often receive subpoenas from parties in litigation involving their customers, employees, and business partners. They may also receive subpoenas from regulatory organizations, government agencies, and grand juries ...
Revisions to Regulation D (“Reg. D”), the major exemptive provision from the registration requirements of the Securities Act of 1933 (the “Securities Act”), has been on the Securities and Exchange Commission’s Regulatory Flexibility Agenda for some time. In a January 2023 address, SEC Commissioner Caroline A. Crenshaw floated some of the reforms the current Commission is considering. Background Reg ...
There has been a recent decision on an interesting case involving a challenge to the ability of the federal government to provide benefits or rights to Tribes and other Native organizations. Maverick Gaming LLC v. United States, Case No. 3:2022cv05325, which is currently before the U.S ...
Illinois has the strictest biometric privacy law in the country with the Biometric Information Privacy Act (“BIPA”). The BIPA requires employers who collect employees’ biometric data to follow a number of protocols. These protocols include (1) maintaining a written policy about the collection and storage of employee biometric data, (2) providing employees with written notice of that policy, and (3) obtaining informed consent from employees to collect biometric data ...
Nearly 106,000 Americans are currently on waiting lists for donor organs and 17 die each day while waiting. The holy grail for rising to meet this demand and end this suffering will be the ability to “print” the organs, muscles, and tissues from individually grown cells, lowering the need for human donors and the complicated and sometimes unbearable stress that goes along with donor wait lines ...
As consumer data collection continues to rise in the United States and around the world, aggregated health data is becoming a more common product bought and sold by data brokers. While worrying on its own, even more concerning is the growth in individually identifiable data being sold by private companies, which could range from the number of occurrences of a certain condition in a given zip code to the names, addresses, and incomes of individuals with the same condition ...
February 27, 2023 By: Leah Lively and Jack Darrington All employers should be aware of the recent decision by the United States Supreme in Helix Energy Solutions Group Inc. v. Hewitt dealing with exemptions under the Fair Labor Standards Act (“FLSA”). The Hewitt court held that a well-compensated employee paid a daily rate, rather than a fixed weekly or monthly salary, was not exempt from the FLSA and its rules regarding overtime pay ...
