Author Info for Seyfarth Shaw LLP

Rachel Abanonu

AB 51: Preliminary Injunction GRANTED

Seyfarth Synopsis: Among other things, AB 51 makes it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. AB 51 was quickly challenged on… more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Contract Terms

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Rania Abboud

December 2024 Global Immigration Alert

The Australian government has proposed changes to the temporary skilled worker framework through the introduction of a “Skills in Demand” (SID) visa… more

Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Sherlyn Abdullah

Paid Leave and Coronavirus — Part 29: Maryland Passes Paid Public Health Emergency Leave Mandate; Practical Effect Remains Unclear

Seyfarth Synopsis: On May 28, Maryland Governor Larry Hogan announced his intention to allow H.B. 581, the Maryland Essential Workers’ Protection Act (the “Act”), to become law without his signature. On June 1, the Act took… more

Coronavirus/COVID-19, Covered Employer, Paid Leave, Public Health Emergency, State Labor Laws

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Amy Abeloff

Supreme Court Allows Copyright Damages Recovery Outside Three-Year Limitations Period—But Questions Regarding Accrual of Claims Remain

The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year… more

Copyright, Copyright Infringement, Copyright Ownership, Damages, Discovery

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Michael Addy

“Concealing” Approved Accommodations? Tenth Circuit Finds it Does Not Violate the ADA in Certain Circumstances

Seyfarth Synopsis: On January 17, 2023, the Tenth Circuit issued a decision in Norwood v. United Parcel Service . The Tenth Circuit affirmed the trial court’s decision in favor of United Parcel Service (“UPS”), holding that… more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Reasonable Accommodation

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Michael Afar

The California Supreme Court Pulls The Carpet Out From Underneath Employers

Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA claim… more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Labor Code

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Thomas Ahlering

Seventh Circuit Tosses BIPA Class Action On Federal Labor Law Preemption Grounds

Seyfarth Synopsis: On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., No. 21-1067 (7th Cir. Sept. 20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act (“BIPA”)… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Labor Management Relations Act (LMRA), Preemption

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Hoorya Ahmad

Employers Feeling the Heat: Washington Adopts Permanent Changes to Outdoor Heat Exposure Rules Effective July 17, 2023

Seyfarth Synopsis: Effective July 17, 2023, employers with outdoor workers in the state of Washington will be required to follow revised heat illness prevention rules. The revised rules modify Washington’s long-standing 2008… more

Employer Liability Issues, Heat Exposure, Labor Reform, New Guidance, Occupational Exposure

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Gershon Akerman

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Richard Alfred

A Bright Day for Employers: The Supreme Court Decides In Lamps Plus That Courts Cannot Order Class Arbitration Without An Express Agreement

Seyfarth Synopsis: Yesterday the Supreme Court issued a 5-4 decision in the Lamps Plus, Inc. v. Varela class action arbitration case. The holding and rationale are important to employers because the Court decisively ruled that… more

Ambiguous, Appeals, Arbitration, Arbitration Agreements, Class Arbitration

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Mahsa Aliaskari

Navigating “Anti-American Hiring Bias” Priorities & Staying Compliant While Sponsoring Talent in the U.S.

In recent months, we have seen a rise in charges filed with the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and announcements from the Equal Employment Opportunity Commission (EEOC) depicting a… more

Anti-Discrimination Policies, Bias, Corporate Counsel, Department of Justice (DOJ), Employer Liability Issues

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Douglas Allen

Year-End Estate Planning for 2024

A record-breaking stock market has again generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer. Gifts and… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Jose Almanzar

New California Legislation Outlaw PFAS in Textiles and Cosmetics in Continuation of PFAS Regulation in Western States

Seyfarth Synopsis: Governor Gavin Newsom has signed into law two sweeping pieces of legislation prohibiting certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in California… more

Chemicals, Corporate Counsel, Manufacturers, PFAS, Toxic Chemicals

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Lorie Almon

New York City Finally Provides the “Key to NYC” – But Does it Open the Door to All of the Answers?

Seyfarth Synopsis: On August 3, 2021, Mayor Bill de Blasio announced that New York City would be issuing a Mayoral directive that businesses require proof of vaccination for people participating in indoor dining, fitness, and… more

Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Masks, Public Health

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Kimberly Altschul Straker

New York State Issues Updated Model Sexual Harassment Prevention Policy

Seyfarth Synopsis: New York State released a revised model sexual harassment policy highlighting a lower legal threshold for conduct to constitute sexual harassment under the New York Human Rights Law and emphasizing through… more

Anti-Harassment Policies, Employee Rights, Gender Discrimination, Labor Reform, LGBTQ

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Heriberto Alvarez, Jr.

Governor Inslee Signs “Silenced No More Act” Prohibiting Nondisclosure and Nondisparagement Provisions In All Employment Agreements In Washington

On March 24, 2022, Washington state Governor Inslee signed into law Engrossed Substitute House Bill 1795 (The Silenced No More Act) (“ESHB 1795”). Washington now becomes the second state (after California) to render… more

Employer Liability Issues, Employment Contract, Governor Inslee, Non-Disclosure Agreement, Non-Disparagement Provisions

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Eden Anderson

DOJ Updates Its COVID-19 and ADA FAQs with Information About “Streateries” and Medical Facilities’ Visitor Policies

Seyfarth Synopsis: The DOJ issued guidance on two COVID-era access issues, confirming outdoor business operations must comply with the ADA and prohibiting medical providers from adopting blanket bans on companion accompaniment… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Department of Justice (DOJ), Healthcare Facilities, Patients

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Jamie Anderson

Update on the ChatGPT Case: Counsel Who Submitted Fake Cases Are Sanctioned

We previously wrote about the widely-publicized Southern District of New York case involving lawyers who submitted papers citing non-existent cases generated by the artificial intelligence program ChatGPT, Mata v. Avianca, Inc… more

Artificial Intelligence, Client Services, Commercial Litigation, Ethics, Innovative Technology

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Rhandi Anderson

Illinois - the Newest State to Toughen its Equal Pay Laws with a Robust Salary History Ban

Seyfarth Synopsis: On July 31, 2019, the Illinois Governor J.B. Pritzker signed HB0834 into law, amending the state’s Equal Pay Act. The amendments toughen the state’s pay equity protections and includes a salary history ban,… more

Anti-Retaliation Provisions, Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination

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Renée Appel

“Click to Cancel”

How hard is it to just cancel? If you have found yourself pondering this question in a heat of frustration after seeing unexpected charges on your card following your latest subscription service or free trial period, you’re not… more

Automatic Renewals, Cancellation Rights, Consumer Contracts, Federal Trade Commission (FTC), Subscription Services

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Kristine Argentine

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Ashley Arnett

No Arbitration Even If Only One Claim Is Covered By EFAA

Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment… more

#MeToo, Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract

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Edward Arnold

The False Claims Act Comes to Britain? Preparing for the ‘Failure to Prevent Fraud’ Offence

In just a few months, the UK’s corporate criminal liability offence of Failure to Prevent Fraud (FTPF) comes into force. Modelled on the framework of the Failure to Prevent Bribery offence, FTPF imposes strict liability on… more

Corporate Counsel, Corruption, Criminal Liability, Enforcement, False Claims Act (FCA)

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Brian Ashe

Supreme Court Unanimously Confirms Scope Of Whistleblower Protection Under Dodd-Frank

Seyfarth Synopsis: The United States Supreme Court ruled 9-0 today that whistleblowing employees seeking to sue for retaliation under the Dodd-Frank Wall Street Reform and Consumer Protection Act must bring their concerns to… more

Anti-Retaliation Provisions, Digital Realty Trust Inc v Somers, Dodd-Frank, Internal Reporting, Reporting Requirements

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Ari Asher

Per Diem Employment: Taking it Day by Day

Seyfarth Synopsis: “Per diem” (or per day) employment may seem like a simple way to maintain a flexible workforce enabling employers to respond to last-minute changes in staffing needs. But certain legal and practical issues can… more

Best Practices, Flexible Work Arrangements, Per Diem, Wage and Hour, Work Schedules

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Alison Ashford

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract… more

Claim Procedures, Construction Contracts, Construction Defects, Construction Litigation, Contractors

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Scott Atkinson

Washington State Governor Signs Law Severely Limiting Non-Competes

Washington state has joined the ranks of an ever-growing number of states that impose significant restrictions on employee non-compete agreements… more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Hiring & Firing

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John Ayers-Mann

How the Latest NLRB Guidance Helps Employers Resolve Disputes

Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also… more

Corporate Counsel, Dispute Resolution, Employees, Employer Liability Issues, Employer Responsibilities

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Nicole Baarts

Prohibiting Sexual Harassment in Non-Employment Professional Relationships

Seyfarth Synopsis: California has long prohibited sexual harassment in various types of relationships, including employment relationships, and in other professional and business relationships which have elements of power… more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Sexual Harassment, State Labor Laws

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Marshall Babson

National Strikes and Boycott Activities Planned for February 16 & 17 (And Beyond)

Seyfarth Synopsis: Several organizations are planning nationwide strikes and boycott activities on February 16-17 to oppose Trump Administration and Republican policies. Employers impacted by these activities should be mindful… more

Immigration Reform, NLRB, Protests, Strike4Democracy, Travel Ban

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David Baffa

You’ve Been WARNed: Washington Enacts a mini-WARN Law

The new law applies to employers with 50+ employees (excluding part-time workers) and mirrors many federal WARN Act provisions, with some notable distinctions… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Erica Bakies

Six Essential Tips for Government Contractors Engaging in International Sales

In celebration of the release of the 6th edition of our Government Contracts Compliance Handbook, we are excited to share six essential tips for ensuring compliance in international sales. These tips are designed to help lawyers… more

Anti-Corruption, Bureau of Industry and Security (BIS), Commerce Control List, Directorate of Defense Trade Controls (DDTC), ECCNs

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Raymond Baldwin

Change in the Commonwealth: Reviewing Virginia’s Expansive New Employment Legislation Taking Effect Today

For months, Virginia employers have heard about the new wave of employee-friendly legislation that will create additional costs and challenges for Virginia employers. Today, as Virginia enters Phase 3 of its reopening plan,… more

Employer Liability Issues, Employment Discrimination, Human Rights Act, Low-Wage Workers, New Legislation

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Jami Balint

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Matthew Banham

The False Claims Act Comes to Britain? Preparing for the ‘Failure to Prevent Fraud’ Offence

In just a few months, the UK’s corporate criminal liability offence of Failure to Prevent Fraud (FTPF) comes into force. Modelled on the framework of the Failure to Prevent Bribery offence, FTPF imposes strict liability on… more

Corporate Counsel, Corruption, Criminal Liability, Enforcement, False Claims Act (FCA)

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Patrick Bannon

Staying Around – The Supreme Court Resolves Circuit Split and Mandates that Cases Compelled to Arbitration be Stayed (Not Dismissed)

The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case. In Smith v. Spizzirri, the Supreme Court… more

Arbitration, Arbitration Agreements, Employees, Employment Litigation, SCOTUS

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Rotem Bar-Kokhva

The Internal Revenue Service Extends the Payment Period for Certain Deferred Employee Payroll Taxes in Accordance with Recently Enacted Legislation

Seyfarth Synopsis: On January 19, 2021, the Internal Revenue Service (“IRS”) issued guidance (the “Guidance”) in accordance with the recently enacted COVID-related Tax Relief Act of 2020 (the “Act”) extending the payment period… more

Coronavirus/COVID-19, Corporate Counsel, IRS, Payroll Taxes, Tax Deferral

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Sofia Bargellini

Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we… more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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Marcantonio W. Barnes

Federal Disaster Loan Assistance Program for Small Businesses Impacted by COVID-19

Background - On March 12, 2020, in response to President Trump’s address to the nation and the signing of the Coronavirus Preparedness and Response Supplemental Appropriations Act (the “Act”), the Small Business… more

CARES Act, Coronavirus/COVID-19, Disaster Aid, Federal Loans, Small Business

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Sarah Barney

Six Essential Tips for Navigating Mergers & Acquisitions (M&A) in Government Contracts

In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating Mergers & Acquisitions (M&A) in government contracting. The complexities… more

Acquisition Agreements, Conflicts of Interest, Corporate Sales Transactions, Cybersecurity, Dispute Resolution

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Brian Barrett

San Francisco Employees Now Entitled To Differential Pay For Military Leave

On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and… more

California, Employees, Labor Reform, Local Ordinance, Military Leave

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Emily Barsamian

If Pain, Yes Gain – Part 132: NYC Amends Earned Safe and Sick Time Rules to Add Detailed Paid Prenatal Leave Requirements

As previously reported, the New York State Paid Prenatal Leave entitlement went into effect as part of Section 196-B of the New York Labor Law (i.e., the New York State Paid Sick Leave Law) on January 1, 2025… more

City of New York, Earned Sick Time, Employee Benefits, Employee Rights, Employer Responsibilities

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Brett Bartlett

WHD Makes it Clear: Double Damages are (Liqui)Dated

The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so… more

Department of Labor (DOL), Employee Rights, Employer Responsibilities, Enforcement, Enforcement Actions

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Eric Barton

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Connor Bateman

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 4)

Seyfarth Synopsis: For the final blog in this series regarding the legacy of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog closes its survey of federal Circuit Courts with key rulings from the Ninth,… more

Article III, Class Action, Employees, Employment Litigation, Injury-in-Fact

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Mia Batista

Court Halts TPS Termination for Venezuelans: Relief (and Uncertainty) for Employers

On March 31, 2025, Federal Judge Edward M. Chen of the Northern District of California issued a stay on the Trump administration’s revocation of Temporary Protected Status (TPS) for Venezuelans in the United States… more

Appeals, Constitutional Challenges, Corporate Counsel, Department of Homeland Security (DHS), Employment Authorization Documents (EAD)

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Jeffrey Bauer

Fifth Circuit Finds The COVID-19 Pandemic Is Not A Natural Disaster Under The WARN Act

Seyfarth Synopsis: In Easom v. US Well Servs., No. 21-20202, 2022 U.S. App. LEXIS 16556 (5th Cir. June 15, 2022), the employer defendant invoked the WARN Act’s “natural disaster” exception when it conducted mass layoffs in its… more

Coronavirus/COVID-19, Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs

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Sarah Bauman

EEOC Releases Its Internal Report Card: Revelations From The Commission’s Annual Performance Report

Seyfarth Synopsis: On March 13, 2022, the EEOC released its fiscal year (“FY”) 2022 performance report (“APR”). The APR is the EEOC’s own “report card.” It analyzes the Commission’s performance results based on its Strategic… more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Dion Beatty

Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition

Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and… more

Adverse Employment Action, AutoZone, Depositions, Employer Liability Issues, Employment Litigation

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Lauren Becker

Paid Leave and Coronavirus—Part XII: More New Jersey COVID-Related Paid Leave Amendments, Including School Closure Leave, Signed into Law

Seyfarth Synopsis: New Jersey extends its Family Leave Act, disability and paid family leave laws by offering leave to employees to care for a family member in the event of an epidemic of a communicable disease, or in connection… more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Murphy, New Jersey

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Alnisa Bell

No Splitting Hairs About It: New York City Issues Guidance Banning Hair Discrimination

Seyfarth Synopsis: New York City recently released guidance that ensures that all New Yorkers, with an emphasis on black people, have a right to wear their “natural hair, treated or untreated hairstyles such as locs, cornrows,… more

Anti-Discrimination Policies, Appearance Policy, Dress Codes, Employer Liability Issues, Employment Discrimination

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Aaron Belzer

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Kwame Benjamin

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Katrina Bennett

Long-Awaited Outbound Investment Program Finally Addressed

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national… more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, China, Comment Period

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William Benson

Texas Motor Vehicle Regulation Advisory Committee Rejects Attempt by Texas Dealer Association to Overhaul Vehicle Allocation System - Seyfarth's Future of Automotive Series

On June 25, 2024, the Motor Vehicle Regulation Advisory Committee of the Texas Department of Motor Vehicles (the “Advisory Committee”) rejected a rulemaking petition advanced by the Texas Automobile Dealers Association (“TADA”)… more

Automotive Industry, Car Dealerships, Commercial Litigation, Dealers, DMV

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Meredith-Anne Berger

New York State Lifts Mandatory Industry Specific COVID-19 Guidelines Upon Reaching 70% Adult Vaccination Goal

Seyfarth Synopsis: On June 15, 2021, Governor Cuomo announced that the State would be rolling back much of the industry-specific COVID-19 guidance as the State has hit its goal of a 70% adult vaccination rate, as discussed in… more

Coronavirus/COVID-19, Governor Cuomo, Infectious Diseases, Public Health, State and Local Government

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Edward Bergmann

New Illinois Law Requires Unpaid Child Bereavement Leave

Seyfarth Synopsis: Illinois recently became one of two states to enact a statute requiring certain employers provide two weeks of unpaid leave to employees who suffer the loss of a child. On July 29, 2016, Illinois became… more

Bereavement Leave, CBLA, Family and Medical Leave Act (FMLA), Minor Children, New Legislation

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Jessica Berk

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,… more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Michael Berkheimer

Are Bright Times Ahead for Employers at the NLRB?

On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper Bright… more

Appellate Courts, Chevron, Chevron Deference, Chevron v NRDC, Loper Bright Enterprises v Raimondo

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William Berkowitz

Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call upon… more

Class Action, Commercial Bankruptcy, Commercial Court, Commercial Litigation, Cybersecurity

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Moshe Berliner

FinCEN Hits Pause on BOI Enforcement for All, While Treasury Terminates Enforcement for Some

Two recent announcements from the Financial Crimes Enforcement Network (FinCEN) and the U.S Department of the Treasury provide some, at least momentary, relief with respect to the Corporate Transparency Act’s (CTA) Beneficial… more

Beneficial Owner, Business Ownership, Corporate Transparency Act, Enforcement Guidance, FinCEN

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Jeffrey Berman

The California Supreme Court Pulls The Carpet Out From Underneath Employers

Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA claim… more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Labor Code

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Rachel Bernasconi

The emerging law on women’s advancement programs and transgender rights: a cross-border perspective

The landscape of transgender employment laws is evolving globally, with various jurisdictions adopting laws that ensure inclusivity and non-discrimination in the workplace. This area is one of the most complex issues in… more

Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Employment Litigation, Gender Discrimination

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Candace Bertoldi

Mendoza v. Nordstrom: Court to Define “Day of Rest”

“The rest is silence.” So spake Hamlet, as he expired on stage. Lawyers love wordplay. Webster defined it as the “playful or clever use of words.” Google defines wordplay as “the witty exploitation of the meanings and… more

CA Supreme Court, Employer Liability Issues, Nordstrom Inc., Retailers, Wage and Hour

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Shannon Berube

Massachusetts Releases Updates And New Forms Regarding Paid Family And Medical Leave

Seyfarth Synopsis: With Massachusetts Paid Family and Medical Leave (PFML) benefits becoming available on January 1, 2021, the Massachusetts Department of Family and Medical Leave (Department) issued several updates, a new set… more

Employer Liability Issues, Labor Reform, Labor Regulations, Paid Family Leave Law, Regulatory Requirements

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Holger Besch

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow… more

Adverse Employment Action, Americans with Disabilities Act (ADA), Disability Discrimination, Employment Litigation, Failure to Accommodate

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Justin Beyer

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Ridhima Bhalla

EEOC Prioritizes Campus Antisemitism: What Employers Need to Know

In a March 5, 2025 press release, Andrea Lucas, the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), emphasized the agency’s plans to prioritize holding universities and colleges accountable to prevent… more

Anti-Harassment Policies, Civil Rights Act, Colleges, Educational Institutions, Employment Discrimination

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Alysha Bhatia

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that… more

Agribusiness, Appeals, California, Conditional Use Permit, Easements

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Bryan Bienias

Restoring “Balance” To The (Work)Force: The Board Clarifies Its Tests To Determine When “Protected Activity” Becomes Unprotected

Seyfarth Synopsis: The Board affirms an employer’s decision to discharge an employee for engaging in dishonesty and a security breach. In the process, it clarifies the legal standards to be used when assessing whether non-verbal… more

Administrative Law Judge (ALJ), Disciplinary Proceedings, Employee Misconduct, Employment Litigation, Hiring & Firing

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Bailey Bifoss

The Spotlight Is On Employee Records Requests!

Seyfarth Synopsis: Employees have a right to request their employment records, but which records can they request? And how quickly do employers have to produce them? And who should they be produced to? And is there a way for… more

Employees, Employment Policies, Employment Records, Labor Code, Personnel Records

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Brandon Bigelow

DOJ Task Force Seeks to Root Out Anticompetitive Regulations in Transportation Industry - Seyfarth's Future of Automotive Series

On Thursday, March 27, the U.S. Department of Justice (DOJ) Antitrust Division announced the launch of a new Anticompetitive Regulations Task Force to identify and eliminate anticompetitive state and federal laws and… more

Anti-Competitive, Antitrust Division, Automotive Industry, Biden Administration, Comment Period

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Sharad Bijanki

My Word! Design Patents on a Typeface

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the… more

Design Patent, Intellectual Property Protection, Patent Infringement, Patents, Trademark Infringement

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Tracy Billows

If Pain (Or Anything Else), Yes Gain – Part 110: Imminent Changes to Colorado's Healthy Families and Workplaces Act

What You Need To Know: Effective August 7, 2023, Colorado employees will be able to use leave under the Colorado Healthy Families and Workplaces Act for bereavement, to care for family members whose school or place of care… more

Colorado, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Daniel Birnbaum

Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference

The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners… more

Employee Training, Employees, Employer Liability Issues, Employment Litigation, Mental Health

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Karen Bitar

The Adult Survivors Act Claim Revival Window, and How to Be Ready When It Opens

For any company doing business in New York, this coming November 24 represents more than just Thanksgiving 2022: it will also initiate a one-year period in which nearly any person who claims to have suffered sexual abuse at any… more

Child Abuse, Crime Victims, Employment Policies, Insurance Industry, Sexual Abuse

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David Bizar

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,… more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Claire Bjerke

New York Attorney General’s Office’s Recent EyeMed Investigation Highlights Need to Meet Expanded Data Privacy Standards of New York’s SHIELD Act

Earlier this month, the New York Attorney General’s Office issued findings of its investigation into a data security incident involving EyeMed Vision Care LLC (“EyeMed”) as well as the agreement that it entered into with the… more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Rebecca Bjork

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In… more

ADEA, Age Discrimination, Appeals, Compensation & Benefits, Corporate Counsel

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Melissa Black

California Supreme Court Rejects Conversion Claim for Unpaid Wages

Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion… more

Alter Ego, CA Supreme Court, Compensation & Benefits, Conversion, Employer Liability Issues

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David Blake

COVID-19 Riders for Construction Change Orders

The cost and time to perform change order work may increase as a result of COVID-19 impacts that arise after the change order is agreed upon. The Contractor can include contingencies for that risk in its lump sum pricing, but… more

Construction Contracts, Construction Industry, Construction Project, Contractors, Coronavirus/COVID-19

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Zachary Blas Perez

Opening the Door to Adjustment of Status with New TPS Travel Authorization Policy

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) has announced an important policy change that will benefit noncitizens holding Temporary Protected Status (TPS). The new policy permits USCIS to issue a new… more

Department of Homeland Security (DHS), Foreign Nationals, Immigration Procedures, Temporary Protected Status, USCIS

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Stacey Blecher

FDIC Issues Final Rule to Codify Section 19’s Policy on Hiring Individuals with Convictions for Minor Criminal Offenses

Seyfarth Synopsis: On July 24, 2020, the Federal Deposit Insurance Corporation issued a final rule that codifies the FDIC’s Statement of Policy (SOP) related to Section 19 and makes several important changes to the SOP. The… more

Criminal Background Checks, Criminal Records, De Minimis Claims, FDIC, Financial Institutions

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Lisa Bleed

IRS Releases 2024 Limits for Health and Welfare and Related Plans

Seyfarth Synopsis: The IRS has announced an increase to the applicable dollar amount for determining the Patient-Centered Outcomes Research Institute (“PCORI”) Fee for 2024 as well as other health and welfare limits… more

Affordable Care Act, Department of Health and Human Services (HHS), Employee Benefits, HDHP, Health and Welfare Plans

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Stanley Bloch

The Saga Continues: Fifth Circuit Court Reinstates Nationwide Injunction on CTA Pausing FinCEN’s Recently Announced Reporting Deadlines

The Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of the Treasury reset Corporate Transparency Act (CTA) reporting deadlines. However, on December 26, 2024, the Fifth Circuit Court of Appeals issued a new… more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Samantha Bloom

The New Immigration Registry: What You Need to Know

On April 11, 2025, the United States Citizenship and Immigration Services (USCIS) will begin enforcing the newly created requirement… more

Department of Homeland Security (DHS), ESTA, Executive Orders, Foreign Nationals, Immigrants

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Daniel Blumenthal

Franchising during the Coronavirus recession

Franchise systems around the country are confronting unprecedented challenges and business disruptions from the spread of the coronavirus (COVID-19)… more

Business Closures, Business Interruption, Coronavirus/COVID-19, Franchises

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Robert Bodansky

Latest FinCEN Guidance on the CTA Reporting Rules

On January 12, 2023, the Financial Crimes Enforcement Network (FinCEN) released additional updated guidance to the Beneficial Ownership Information Reporting Frequently Asked Questions regarding the Beneficial Ownership… more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform, FinCEN

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Suzanna Bonham

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs for… more

Contract Disputes, Contract Terms, Energy Policy, Force Majeure Clause, Foreign Policy

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Kay Bonza

EPA Publishes Guidance on Plantwide Applicability Limitation Provisions Under the NSR Rules

Seyfarth Synopsis: On August 5, 2020, the U.S. Environmental Protection Agency (EPA or Agency) released a final memorandum on “Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review Regulations.”… more

Air Pollution, Carbon Emissions, Environmental Policies, Environmental Protection Agency (EPA), Memorandum of Guidance

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Miles Borden

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Ryan Boylan

New York LLC Transparency Act: What You Need to Know

On December 22, 2023 the State of New York adopted the New York LLC Transparency Act (as amended to date, the “NY LLCTA”). The NY LLCTA in many respects follows the federal Corporate Transparency Act (together with any… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Limited Liability Company (LLC)

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Kip Brar

TMB Passes Emergency Rules to Enforce Governor Abbott’s Executive Order GA-09

Following Governor Greg Abbott's issuance of Executive Order GA-09 (“Executive Order”), the Texas Medical Board (“TMB”) adopted rules on March 24, 2020 on an emergency basis to enforce the Executive Order’s prohibition against… more

Coronavirus/COVID-19, Elective Surgical Procedures, Governor Abbott, Licensing Boards, Medical Directives

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Jonathan Braunstein

DOJ Antitrust Division Suffers Back-to-Back Trial Defeats In Wage Fixing And “No Poach” Cases

Last week, the United States Department of Justice (“DOJ”) Antitrust Division suffered back-to-back trial defeats in its recent enforcement initiative to use the Sherman Act to stop employers from using allegedly anticompetitive… more

Antitrust Division, Antitrust Violations, Criminal Prosecution, Department of Justice (DOJ), No-Poaching

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Matthew Brekus

Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and services… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Copyright, Copyright Litigation, Copyright Office

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Mitchell Brennan

Preparing Australian Employers For Increases In Employment Class Action Lawsuits

Employment class action lawsuits are a common cause of action in North America, and while we have traditionally seen fewer in Australia, there has been a recent uptick in occurrences… more

Australia, Class Action, Employer Liability Issues, Employment Litigation, Enforcement Actions

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Benjamin Briggs

Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace Violence Plans

On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation… more

Employee Rights, Employees, Employer Liability Issues, Enforcement Guidance, Enforcement Priorities

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Samantha Brooks

In the Hot Seat: Andrea Lucas Defends Record at Senate Hearing

The Acting Chair of the EEOC has been renominated to serve another term as commissioner, and testified at her confirmation hearing on June 18, 2025. Confirmation is required for her to continue as Acting Chair. Ms. Lucas’… more

Confirmation Proceedings, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Enforcement Actions

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Jonathan Brophy

Paging Healthcare Workers! California Legislature Passes Bill Raising Minimum Wages (UPDATED)

Update: On May 31, 2024, Governor Newsom passed S.B. 828, which delays implementation of S.B. 525, the health care minimum wage law signed by Governor Newsom on October 13, 2023. S.B. 828 delays all of the minimum wage… more

California, Employees, Employer Liability Issues, Healthcare, Healthcare Facilities

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Steven Brouillard

USCIS Announces Significant Fee Increases Effective on April 1, 2024

Seyfarth Synopsis: Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits… more

Filing Fees, Foreign Workers, Form I-129, Form I-140 Petitions, H-1B

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Arnold Brown, II

BIS Publishes Interim Final Rule on “Standards-Related Activities"

On July 18, 2024, the U.S. Dept. of Commerce, Bureau of Industry and Security (BIS) published a new interim final rule (the “Interim Final Rule”) entitled “Standards-Related Activities and the Export Administration Regulations,”… more

Bureau of Industry and Security (BIS), Comment Period, Entity List, Export Administration Regulations (EAR), Export Controls

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Rebecca Bryant

Recent Supreme Court Trump Decisions and ERISA Jurisprudence

Seyfarth Synopsis: The Supreme Court has shown a recent reluctance, as a general matter, to expand the scope of its review. That reluctance should apply as well to cases that seek to extend the scope and enforcement of ERISA… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Preemption

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Robert Buch

Workers’ Compensation Liability Is Catching In California

Seyfarth Synopsis: Senate Bill 1159 was signed into law by Governor Newsom on September 17, 2020, and went into effect immediately. Under the new law, if employees test positive for COVID-19 under specific circumstances, there… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Executive Orders, Governor Newsom

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Timothy Buckley

Staying Around – The Supreme Court Resolves Circuit Split and Mandates that Cases Compelled to Arbitration be Stayed (Not Dismissed)

The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case. In Smith v. Spizzirri, the Supreme Court… more

Arbitration, Arbitration Agreements, Employees, Employment Litigation, SCOTUS

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Cary Reid Burke

The Chevron Doctrine is Dead. Long Live the Administrative State.

Seyfarth Synopsis: Last week, the administrative state’s foundation shook as the Supreme Court overruled Chevron, holding that federal administrative agencies are not entitled to deference in interpreting statutes and that… more

Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Catherine Burns

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Jason Burritt

USCIS Again Increases Auto-Extended Work Permits for Certain EAD Renewals

U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from up to 180 days to… more

Auto-Renewal, Corporate Counsel, Employment Authorization Documents (EAD), Foreign Workers, Form I-9

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Alan Cabral

PBGC Addresses Withdrawal Liability Assumptions For First Time In New Proposed Rule

Seyfarth Synopsis: On October 14, 2022, the Pension Benefit Guaranty Corporation (“PBGC”) published its proposed rule under ERISA Section 4213 (the “Proposed Rule”), which sets forth for the first time the agency’s guidance on… more

Comment Period, Employee Benefits, Employee Retirement Income Security Act (ERISA), Interest Rates, Multiemployer Pension Plan Amendments Act (MPPAA)

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Anthony Califano

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical… more

Adverse Employment Action, Americans with Disabilities Act (ADA), Conditional Job Offers, Department of Transportation (DOT), Disability Discrimination

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Jake Campbell

Navigating the New Entry Restrictions: Implications for Global Mobility and Workforce Planning

On June 4, 2025, President Donald Trump issued a Presidential Proclamation aimed at enhancing national security by restricting the entry of certain foreign nationals into the United States. This action builds on Executive Order… more

Employee Mobility, Employees, Employment Policies, Executive Orders, Foreign Nationals

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Tori Campbell

PACA Liens: A New Cloud on Title?

The Perishable Agricultural Commodities Act (PACA) was passed by Congress in 1930 to protect agricultural produce suppliers from unscrupulous vendors who refused to pay the suppliers for their goods. PACA contains language… more

Agricultural Sector, Commercial Bankruptcy, Commercial Tenants, Fiduciary Duty, Grocery Stores

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Christian Canas

Employer Sponsored Disaster Relief Programs – Four Options to Consider

With the COVID-19 pandemic now a presidentially-declared national emergency—and for this purpose a “qualified disaster”—employers nationwide have several options available for providing employees and their families in need with… more

501(c)(3), Coronavirus/COVID-19, Disaster Aid, Emergency Management Plans, Relief Measures

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Lotus Cannon

Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADA

Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Information Technology, Internet Retailers

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Ashley Cano

Biden Executive Order Mandates Union Agreements for Federal Construction Projects of $35 Million or More

On February 4, 2022, President Biden signed an Executive Order that mandates the use of project labor agreements (“PLAs”) on federal construction projects valued at or above $35 million. PLAs are pre-hire collective bargaining… more

Biden Administration, Construction Project, Executive Orders, Federal Contractors, Project Labor Agreements

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Amadeo Cantú

Hotel Franchising in the Time of COVID-19

With hotel occupancies plunging to levels well below those seen in prior epidemics, wars and recessions, particularly in large cities, hotel and hospitality franchisors and franchisees are awake at night trying to deal with a… more

Business Interruption, Employer Liability Issues, Health and Safety, Hospitality Industry, Hotels

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Ian Capell

Minnesota Enacts Pay Transparency Law to Require Salary Range Disclosure in Job Postings

Seyfarth Synopsis: Minnesota joins the growing number of states to adopt statewide legislation requiring employers to disclose starting salary ranges and other forms of compensation and benefits in postings for open positions… more

Disclosure Requirements, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Ads

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Debbie Caplan

Sunrise, Sunset: New York State 2025 Budget Brings New Paid Prenatal Personal Leave and Sunset Date for COVID-19 Paid Leave

Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget (the “NYS 2025 Budget”) on April 20, 2024… more

Coronavirus/COVID-19, Earned Sick Time, Employees, Employer Liability Issues, Labor Reform

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Kori Carew

A Leadership Invitation on Inclusion & Belonging During the COVID-19 Pandemic

For weeks, leaders in our profession have been living, breathing, and reacting to COVID-19. Thank you for your continued leadership as things change from day to day. … more

Business Continuity Plans, Business Disruption, Business Strategies, Coronavirus/COVID-19, Leadership

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Jay Carle

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Scott Carlson

SEC Publishes Public Company Cybersecurity Disclosure Final Rule

What Happened - On July 26, the U.S. Securities & Exchange Commission (SEC) adopted its Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure final rule on a 3-2 vote. The final rule is a modified… more

Cybersecurity, Data Breach, Data Protection, Disclosure, Final Rules

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R. Terry Carroll II

What to Know About Recourse Carve-Outs in the Age of COVID-19

In this challenging and rapidly changing environment, real estate players are dealing with the effects of COVID-19 on real property operations in real time. As they make decisions at an accelerated pace, they should bear in mind… more

Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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Robert Carty

Fifth Circuit Affirms Striking Down Individual Mandate of Affordable Care Act and Remands on Issue of Severability

In a bold but conservative 2-1 decision Wednesday, The United States Court of Appeals for the Fifth Circuit affirmed the ruling of a federal district judge in Texas striking down the individual mandate of the Affordable Care Act… more

Affordable Care Act, Appeals, Article III, Constitutional Challenges, Employee Benefits

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Joan Casciari

Top Ten Considerations for Employers When it Comes to Potential COVID-19 Vaccine Programs

With the possibility of a COVID-19 vaccine on the horizon, many employers are starting to ask themselves how they’re going to handle this eventuality. Below are ten considerations for employers to keep in mind from the… more

Americans with Disabilities Act (ADA), Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

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Mark Casciari

ERISA Fiduciary Breach Litigation Can Involve Complicated Damages Analyses

Seyfarth Synopsis: If an ERISA plaintiff establishes a fiduciary breach, expect the computation of damages to be a complicated process that may enhance damages through judgment. And a court judgment in complicated cases can… more

Breach of Duty, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Ashley Casey

The New Standard for Reasonable Accommodations in the Second Circuit

The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employee Rights

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Matthew Catalano

SEC Staff Provides Much-Needed Clarity on Meme Coins, but Litigation and Regulatory Pitfalls Remain

Two years ago, we wrote about a cautionary tale in which a New York federal court allowed a complaint alleging that a popular set of NFT basketball cards were “securities” to survive dismissal, rejecting the argument that, even… more

Blockchain, Compliance, Cryptocurrency, Digital Assets, Enforcement Actions

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Amanda Cavanough

The four-day workweek: What’s not to love about a shorter working week?

The arrival of a four-day workweek (where staff work fewer hours with no loss of pay) is a hot topic for employers in Australia and overseas. Employees generally see this work arrangement as a viable way to maintain a work/life… more

Employer Liability Issues, International Labor Laws, UK, Wage and Hour

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Michael Cederoth

Court Finds Named Plaintiffs Inadequate to Represent Proposed Class on ERISA Excessive Fee Claims

Seyfarth Synopsis: A recent decision from the Eastern District of Michigan serves as a reminder that—while courts are often quick to certify classes in ERISA cases—plaintiffs must satisfy the requirements of Rule 23 and that… more

Breach of Duty, Class Action, Class Certification, Class Representatives, Compensation & Benefits

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Christina Cerasale

SECURE Act 2.0: Hold My Beer

Seyfarth Synopsis: The SECURE Act, passed just before the onset of the COVID-19 pandemic at the end of 2019 (“SECURE 1.0”), significantly altered the retirement plan landscape. For a reminder on how the SECURE Act changed the… more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Retirement

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Sherman Chan

HKEx’s Enhanced Corporate Governance Code and Related Listing Rules

HKEx published conclusions in December 2024 to its consultation on Review of the Corporate Governance Code (“CG Code”) and related Listing Rules. The latest changes to the CG Code and related Listing Rules include (i)… more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG)

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Uma Chandrasekaran

Reminder: Looming June 30, 2023 Sexual Harassment Training Deadlines for Chicago Employers

Seyfarth Synopsis: Employers must ensure their employees complete required sexual harassment training by June 30, 2023 pursuant to the City of Chicago Human Rights Ordinance which was amended last year and imposed new… more

#MeToo, Employee Training, Employer Liability Issues, Labor Reform, Local Ordinance

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Claire Chang

San Francisco’s 10-Day Travel Quarantine Order Tells Holiday Travelers to Stay Home, Though Santa Likely Excepted

Seyfarth Synopsis. On December 18, 2020, San Francisco imposed a 10-day mandatory quarantine on most people traveling or returning to the city for more than 24 hours. The order does not apply to travel within the larger Bay… more

Coronavirus/COVID-19, Infectious Diseases, Quarantine, State and Local Government

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Megha Charalambides

California To Protect Pay Equity Reporting Requirements From Federal Challenge?

Seyfarth Synopsis: The California state assembly is set to vote on Senate Bill 171, a state analogue to the federal EEO-1 report, which would require employers with 100 or more employees to submit annual pay data reports to the… more

Data Collection, EEO-1, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Nancy Chawla

Mental Health Compliance Report Issued to Congress Spoiler Alert – Plans All Fail

Seyfarth Synopsis: The Mental Health Parity and Addiction Equity Act (MHPAEA) requires group health plans and insurers to cover treatments for mental health and substance use disorders in a manner that is equitable to the plans'… more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), EBSA, Employee Benefits

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Deanna Chea

Termination of TPS for Afghans Effective July 14, 2025: Implications and Legal Challenge

The U.S. Department of Homeland Security (DHS), under Secretary Kristi Noem, has announced the termination of Temporary Protected Status (TPS) for Afghan nationals residing in the United States. The notice of termination,… more

Administrative Procedure Act, Afghanistan, Constitutional Challenges, Deadlines, Department of Homeland Security (DHS)

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Jasmine Chen

Tech Industry Outlook: Navigating Potential Policy Shifts in a Second Trump Administration

The U.S. technology landscape is poised to experience significant transformations under the second Trump administration. Key sectors such as the semiconductor industry, autonomous vehicles, and digital payments may experience… more

Artificial Intelligence, Clean Tech, Cryptocurrency, Driverless Cars, Electric Vehicles

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Shannon Cherney

Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation

The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to the… more

Appeals, Class Action, Collective Actions, Cracker Barrel, Due Process

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Jacob Cherry

National Interest Waiver (NIW) as a Viable Alternative to a Traditional Employment-based Green Card

In an era of increasing global competition for highly skilled professionals, U.S. employers often face challenges in recruiting and retaining top talent. The National Interest Waiver (NIW) is a special provision under the EB-2… more

EB-2, Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa, Hiring & Firing

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Ellie Cheung

2024 Year in Review – Hong Kong Employment Law

The year 2024 brought about notable changes in employment law in Hong Kong. This article provides a brief overview of the key developments that occurred over the past year and a look forward at the expected changes as we… more

Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Michael Childers

Long Awaited California Pay Report Template Released

Seyfarth Synopsis: On February 1, 2021, California’s Department of Fair Employment and Housing released key information regarding the recently enacted Pay Data Reporting Law. Materials include a template of the pay report,… more

California, DFEH, Employer Liability Issues, Pay Data, Reporting Requirements

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Sierra Chinn-Liu

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Peter Choi

Court of Appeal Holds Statutory Rights Supersede Arbitration Award

Seyfarth Synopsis: California Business and Professions Code section 16600 expresses California’s strong public policy of protecting the right of citizens to pursue any lawful employment… more

Arbitration, Arbitration Awards, Employer Liability Issues, Employment Contract, Mediation

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Erin Chow

Finding Religion on a Motion to Dismiss: Federal Court Concludes that Plaintiff’s Secular Concerns About COVID Vaccines Do Not Foreclose Religious Discrimination Claims

In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff’s allegations of religious conflict with… more

Civil Rights Act, Coronavirus/COVID-19, Employment Discrimination, Employment Litigation, Employment Policies

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Matthew Christoff

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Louis Chronowski

Distribution Law Series: The Accidental Franchise?

According to National Association of Wholesaler-Distributors, wholesale distribution revenue accounts for 27.5% of US GDP, or $5.9 trillion, as of 2019. In other words, wholesale distribution is a significant way by which… more

Franchises, Sales & Distribution Agreements, Wholesale

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Ana Cid

Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we… more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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Alonso Cisneros

FHFA Releases Multifamily Caps for Fannie Mae and Freddie Mac

For those who may have missed it, the Federal Housing Finance Agency (FHFA) just released the 2022 multifamily loan caps for Fannie Mae and Freddie Mac (the Enterprises) increasing each Enterprise's multifamily cap to $78… more

Affordable Housing, Fannie Mae, FHFA, Freddie Mac

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Brent Clark

Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference

The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners… more

Employee Training, Employees, Employer Liability Issues, Employment Litigation, Mental Health

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Andrew Randall Cockroft

New York City’s New Biometric Privacy Law Goes Into Effect July 9, 2021

Seyfarth Synopsis: New York City’s new biometric privacy ordinance creates a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability. Employers who do business… more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Data Collection, Data Privacy

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Michael Coffman

Commercial Litigation Outlook - 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global tumult… more

Arbitration, Commercial Bankruptcy, Commercial Insurance Policies, Commercial Litigation, Dispute Resolution

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Andrew Cohen

NLRB GC Abruzzo Charges Forward With Memos Detailing Controversial Labor Agenda

On March 20, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 23-04. The memorandum is a follow-up to her August 12, 2021, GC Memo 21-04 (“Mandatory Submissions to Advice”), in… more

Employer Liability Issues, NLRA, NLRB, NLRB General Counsel, Protected Concerted Activity

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Jeffrey Cohen

Ohio Courts: A Microcosm of the Judiciary’s Struggle to Address Insurance Coverage in the Wake of the COVID-19 Pandemic

Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or not)… more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Insurance Litigation

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Jeremy Cohen

Rhode Island Governor Vetoes Proposed Non-Compete Ban

Against the backdrop of the FTC’s rule banning non-compete agreements nationwide and the lawsuits challenging that rule, many states have considered legislation narrowing or outright banning non-competes. Minnesota recently… more

Employment Contract, Governor Vetoes, Hiring & Firing, Non-Compete Agreements, Pending Legislation

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Kelly Cohen

California’s Mandate: Give Me Vaccinations, Or Give Me Tests!

Seyfarth Synopsis: On July 26, 2021, Governor Newsom, announced that California state workers and workers in “health care” and “high-risk congregate settings” will be mandated to either show proof of being fully vaccinated, or… more

Coronavirus/COVID-19, Governor Newsom, Infectious Diseases, Public Health, Vaccinations

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Matthew Cohen

Retail Money, Institutional Risks: The New Dynamic in Private Equity

Private equity (PE) sponsors are increasingly seeking to broaden their investor base by offering retail access to traditionally institutional-only funds. Recently, statements by the SEC indicated the SEC staff will no longer… more

Conflicts of Interest, Corporate Governance, Disclosure Requirements, Fiduciary Duty, Financial Markets

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Susan Jeanblanc Cohen

Get Off My Lawn (Or Gurney): Off Duty Employees Allowed To Picket on Hospital Employer’s Property

Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance. After the collective bargaining agreement between acute… more

Collective Bargaining, Health Care Providers, Healthcare, Hospitals, NLRA

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Jesse Coleman

Non-Compete Agreements in Health Care: A Rapidly Evolving Legal Landscape

In the wake of the Federal Trade Commission’s recently failed attempt to ban non-compete agreements between employers and workers, individual states have once again taken up the mantle of further regulating and limiting their… more

Contract Terms, Employee Rights, Employment Contract, Federal Trade Commission (FTC), Health Care Providers

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John Collins

General Release May Not Preclude FLSA Claims Says Fifth Circuit

If I settle my employment lawsuit and release “all claims,” does that include wage-hour claims if the subject never came up? Last week, in Bodle, et al. v. TXL Mortgage Corporation, the Fifth Circuit said no… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Release of Liability, Restrictive Covenants, Sales Commissions

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Benjamin Conley

SCOTUS on ACA Challenge: Seriously Guys, We’re Doing This Again?

In a closely watched decision, the Supreme Court has upheld the authority of the U.S. Preventive Services Task Force (Task Force), preserving the Affordable Care Act’s (ACA) requirement that health plans cover preventive… more

Affordable Care Act, Appointments Clause, Constitutional Challenges, Corporate Counsel, Department of Health and Human Services (HHS)

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Jay Connolly

FDA Issues Nutrition-Labeling Guidance in Response to the COVID-19 Pandemic

FDA recently issued two nutrition-labeling guidance documents intended to provide restaurants and food manufacturers flexibility during the public health emergency declared by the Department of Health and Human Services… more

Delays, Fast-Food Industry, Food and Drug Administration (FDA), Food Labeling, Grocery Stores

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Jeremy Corapi

Cross-Border Transactions: Key Items to Review When Performing Human Resource and Employment Due Diligence

Seyfarth Synopsis: In the world of cross-border mergers and acquisitions, complex human resource and employment considerations arise during the transaction’s due diligence process. Depending on the transaction’s structure, these… more

Collective Bargaining Agreements (CBA), Cross-Border Transactions, Due Diligence, Form I-9, Immigration Procedures

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Christine Mary Costantino

Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether… more

Adverse Employment Action, Civil Rights Act, Department of Justice (DOJ), Employee Transfers, Employees

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Christopher Cottrell

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs for… more

Contract Disputes, Contract Terms, Energy Policy, Force Majeure Clause, Foreign Policy

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Steven Crainer

The IRS Extends the 45-Day and 180-Day Deadlines for Section 1031 Exchanges Initiated Before March 13, 2020 and the Deadline to Reinvest Eligible Gains in a Qualified Opportunity Zone Fund Affected by COVID-19

On April 9, 2020, following issuance by the President of the United States of an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act on March 13, 2020, the Secretary of the U.S… more

Coronavirus/COVID-19, Deadlines, Guidance Update, IRS, Like Kind Exchanges

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Tessa Cranfield

Navigating the New World of Work: Is Contracting on the Way Out?

Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies… more

Australia, Background Screening Services, Contractors, Employee Rights, Employer Liability Issues

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Stephen Crilly

Knock, Knock… Who’s There And Do I Have To Let You In?

Does an employer have to let a union official in? Only if they have a permit! Right of entry disputes are common – partly because of the multiple laws that at a glance seem to overlap in a way that can be confusing. The… more

Australia, Employment Policies, Fair Work Act, OSHA, Private Property

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Caitlyn Crisp

New Year’s Resolution: Update Your Employee Handbook

Seyfarth Synopsis: Every year California enacts a host of new laws that mean even the most diligent employers need to give their handbooks and policies a review and make sure they are up to date with the latest developments… more

Bereavement Leave, California Family Rights Act (CFRA), Employee Handbooks, Employer Liability Issues, Employment Policies

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Christopher Crosman

Minimum Wage Increases Across the Pride Lands

Seyfarth Synopsis: The great California patchwork of minimum wage ordinances might have employers feeling full of matatas, but no worries! Seyfarth is here to explain the circle of life of these laws so that even the slowest… more

Employer Liability Issues, Local Ordinance, Minimum Wage, State and Local Government, Wage and Hour

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Lauren Crossman

The five red flags of wage non-compliance

Many in our readership will have embarked (or are embarking) upon a compliance audit of workplace entitlements. Anyone who has done so will appreciate the difficulties associated with what becomes a massive and complex task. The… more

Employer Liability Issues, Wage and Hour, Wage Theft

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Ariel Cudkowicz

Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices

Employers must provide current employees with written notice of the 2025 contribution rates for the Massachusetts Paid Family and Medical Leave (PFML) program. Employees must receive notice of the 2025 contribution rates on or… more

Employee Benefits, Employees, Employer Liability Issues, Family Medical Leave, Notice Requirements

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Daniel Culicover

Washington Supreme Court Rejects Noncompete Provision Barring Employees Competitors

A recent Washington State Supreme Court decision addressed a simmering conflict between the statutory right of employees earning less than double minimum wage to work a second job, on the one hand, and employees’ duty of loyalty… more

Competition, Employee Rights, Employment Contract, Employment Litigation, Employment Policies

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Marjorie Culver

Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we… more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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Justin Curley

PAGA Paraphrased – Nickson v. Shemran, Inc., 90 Cal.App.5th 121 (2023)

Seyfarth Synopsis: The Fourth District joined the Second District in issuing another published decision holding that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration… more

Arbitration, Arbitration Agreements, Private Attorneys General Act (PAGA)

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James Curtis

Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference

The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners… more

Employee Training, Employees, Employer Liability Issues, Employment Litigation, Mental Health

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Tieranny Cutler

United States Announces Forthcoming Expansion of Travel Restrictions to Include India

Seyfarth Synopsis: The U.S. announced on April 30, 2021 that most travel from India will be restricted effective May 4, 2021, due to rising COVID-19 infections in India… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Infectious Diseases, International Travel, Public Health

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Paul Cutrone

The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores… more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Kaveh Dabashi

Strength in Numbers? Not Necessarily, Says Second Circuit

Seyfarth Synopsis: A recent Second Circuit decision casts doubt on the usefulness of national statistics to support a claim of hiring disparities at the pleading stage of litigation. Unless the national population mirrors the… more

Civil Rights Act, Criminal Background Checks, Criminal Records, Employer Liability Issues, Employment Litigation

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Catherine Dacre

FLSA Pleading: Mathematical Precision Not Required

Seyfarth Synopsis: The Supreme Court’s decision in Iqbal on the requirement of specificity in pleading provided the guidance that “determining whether a plausible claim has been pled is a context-specific task that requires the… more

Employees, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Sheryl Tatar Dacso

50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA… more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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Elizabeth Dahill

A Purchaser’s Guide for Preparing a Closing Checklist in a Skilled Nursing Home Property Acquisition

Prior to acquiring any real estate, which will be operated as a skilled nursing facility (“SNF”), a purchaser should perform a thorough due diligence investigation as to any material facts or issues relevant to the intended use… more

Centers for Medicare & Medicaid Services (CMS), Certificate of Need, Due Diligence, Licenses, Real Estate Transactions

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Lisa Damon

The Federal Funding Freeze and its Effect on Health Equity Programs

A string of executive orders and an OMB memorandum from the Trump Administration left the status of almost all federal funding in a state of limbo. In particular, funding from the National Institutes of Health and for Health… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Diversity and Inclusion Standards (D&I), Executive Orders, Federal Funding

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Anne Dana

New York City Finally Provides the “Key to NYC” – But Does it Open the Door to All of the Answers?

Seyfarth Synopsis: On August 3, 2021, Mayor Bill de Blasio announced that New York City would be issuing a Mayoral directive that businesses require proof of vaccination for people participating in indoor dining, fitness, and… more

Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Masks, Public Health

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Mariame Dangnokho

Maryland Makes Notable Changes to Its Paid Family and Medical Leave Insurance Program, Including Implementation Delays

What You Need to Know - On May 3, 2023, Governor Wes Moore approved the Maryland General Assembly’s modifications (SB 828) to the Maryland Time to Care Act of 2022, which established the Maryland Family and Medical Leave… more

Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave, State Labor Laws

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Andrea Davis

Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees (UPDATED)

Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the… more

Department of Homeland Security (DHS), Department of Labor (DOL), E-Verify, EB-5, Employer Liability Issues

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Rebecca Davis

EPA Proposes First-Ever National Standard for PFAS in Drinking Water

Seyfarth Synopsis: The U.S. Environmental Protection Agency’s (EPA) has announced that it is proposing the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS) in the latest action under… more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Tracee Davis

SEC Proposes Sweeping New Cybersecurity Rules: Is Your Company Prepared?

On March 15, 2023 the Securities and Exchange Commission (“SEC”) proposed three new sets of rules (the “Proposed Rules”) which, if adopted, would require a variety of companies to beef up their cybersecurity policies and data… more

Cybersecurity, Data Management, Data Protection, Data Security, Popular

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Nicholas De Baun

New York Non-Compete Ban is Off the Table—For Now

Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023… more

Employees, Employer Liability Issues, Employment Contract, Governor Vetoes, Hiring & Firing

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Liz Deckman

Major SECURE 2.0 Guidance Issued: Extra Credit for Repaying Qualified Student Loans

Seyfarth Synopsis: On August 19, 2024, the IRS issued Notice 2024-63 (the “Notice”) providing guidance for plan sponsors that wish to provide matching contributions based on eligible student loan repayments made by participants,… more

Benefit Plan Sponsors, Contribution Limits, Employee Benefits, Employees, IRS

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Christopher DeGroff

In the Hot Seat: Andrea Lucas Defends Record at Senate Hearing

The Acting Chair of the EEOC has been renominated to serve another term as commissioner, and testified at her confirmation hearing on June 18, 2025. Confirmation is required for her to continue as Acting Chair. Ms. Lucas’… more

Confirmation Proceedings, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Enforcement Actions

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Andrew del Junco

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,… more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Michael Delaney

Tech Industry Outlook: Navigating Potential Policy Shifts in a Second Trump Administration

The U.S. technology landscape is poised to experience significant transformations under the second Trump administration. Key sectors such as the semiconductor industry, autonomous vehicles, and digital payments may experience… more

Artificial Intelligence, Clean Tech, Cryptocurrency, Driverless Cars, Electric Vehicles

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Michael DeMarino

Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et al.,… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Corporate Counsel, Employer Mandates

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Chris DeMeo

2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our… more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), NLRB

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Pamela Devata

San Diego County Joins California Jurisdictions With Fair Chance Ordinances

Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and the… more

Adverse Employment Action, Background Checks, Ban the Box, California, Conditional Job Offers

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Garreth DeVoe

Takeaways From AHLA Webinar, "CMS, OIG Insights into Stark and AKS Final Rules Part I: Supporting Value-Based Care"

On Thursday, December 17, 2020, senior representatives of the US Department of Health and Human Services’ Office of Inspector General (“OIG”) and the Centers for Medicare & Medicaid Services (“CMS”) delivered a virtual… more

AHLA, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, OIG

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Claudia Di Biase

New Rules and Obligations for Employers in Italy Concerning Whistleblowing

Last March, Italy passed the Legislative Decree n. 24/2023, which implemented the EU Directive n. 2019/1937 introducing relevant changes and obligations for employers in terms of whistleblowing. As a result, companies with… more

Employees, Employer Liability Issues, EU, International Labor Laws, Italy

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Alyson Dieckman

Washington Amends Employee Personnel File Access Laws

The Washington Legislature has passed a new law affecting employers’ obligations related to employee personnel files. The new law amends RCW 49.12.240 and 49.12.250 in four important ways… more

Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities, Employment Policies

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Louis DiFronzo

LIBOR Discontinuance Update - What You Should Know

As you likely know by now, in July 2017 the U.K.’s Financial Conduct Authority announced that LIBOR will be phased out by 2021… more

Interest Rates, Libor, Loans, Secured Overnight Funding Rate (SOFR), UK

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John DiNapoli

Should I Stay Or Should I Go? Second Circuit Holds That FAA Requires a Stay, Not Dismissal, Upon Successful Motion to Compel Arbitration

Many courts dismiss an action once they order the parties to arbitrate the dispute. And many of these courts do so even if one of the parties requests that the court stay the proceedings pending arbitration. The Second… more

Arbitration, Breach of Contract, Consumer Financial Contracts, Consumer Financial Products, Federal Arbitration Act

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Joshua Ditelberg

You’ve Been WARNed: Washington Enacts a mini-WARN Law

The new law applies to employers with 50+ employees (excluding part-time workers) and mirrors many federal WARN Act provisions, with some notable distinctions… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Brandon Dixon

SCOTUS Issues Highly Anticipated Muldrow Decision, Rejecting Heightened Harm Requirement in Adverse Action Analysis

The United States Supreme Court issued its opinion in one of the most anticipated employment cases of this term. In Muldrow v. City of St. Louis, the Court considered whether Title VII of the Civil Rights Act of 1964 prohibits… more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues

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Grace Dodig

FTC Workshop Targets Digital Marketplaces for Potential Predatory Pricing Claims

During a recent virtual workshop hosted by the Federal Trade Commission (FTC), academics, trade association representatives, and two FTC commissioners advocated for change in the application of Section 2 of the Sherman Act to… more

Algorithms, Antitrust Provisions, Competition, Department of Justice (DOJ), Digital Marketplace

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Kenneth Dolin

Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis for Mid-Term Unilateral Changes

As expected, on December 10, in Endurance Environmental Solutions LLC, 373 NLRB No. 141 (2024), the Democratic majority on the National Labor Relations Board (“NLRB” or “Board”) overruled MV Transportation, 368 NLRB No. 66… more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employees, Employer Liability Issues, Employment Litigation

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Ada Dolph

Supreme Court Lowers Bar to Pleading Prohibited Transactions, Despite “Serious Concerns” of Meritless Litigation

In a unanimous decision reversing dismissal of prohibited transaction claims based on fees paid to defined contribution plan recordkeepers, the Supreme Court held that ERISA’s prohibited transaction exemptions are affirmative… more

Appeals, Benefit Plan Sponsors, Class Action, Compensation & Benefits, Cunningham v Cornell University

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Christa Dommers

US Congress is Considering Several Drafts of Legislation Addressing Business Interruption Insurance Coverage and Public-Private Risk Sharing Initiatives in the Context of Both the Current COVID-19 Pandemic and Future Pandemics

Seyfarth Synopsis: Legislative development of draft proposals addressing business interruption insurance coverage have continued to be discussed by Congress since our March 23, 2020 Legal Update… more

Business Interruption, Coronavirus/COVID-19, Federal Funding, Legislative Agendas, Liability Insurance

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Gregg Dorman

IL Appellate Court Rules: New Landlord May Not be Entitled to Unpaid Rent

Seyfarth Synopsis: The Illinois Appellate Court ruled in favor of a commercial tenant after the new landlord attempted to collect accrued unpaid rent owed to the previous landlord, who had assigned the lease to the new landlord… more

Appeals, Article III, Landlords, Lease Term, Rent

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Emily Dorner

CPRA Brings Big Changes to Perceived Big Brother Employers

Seyfarth Synopsis: Employers need to be aware and prepare for significant changes to options and rights afforded to employees with respect to their private data and information coming with the California Privacy Rights Act’s… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Cybersecurity, Data Privacy, Data Protection

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James Dorough-Lewis

Texas Adopts Business-Friendly Amendments to Its Corporate Code—A Response to Delaware?

As states compete to become the preferred jurisdiction for incorporation, Texas has taken a bold step with significant amendments to its Texas Business Organizations Code. Following Delaware’s recent pro-management… more

Board of Directors, Business Codes, Business Entities, Business Judgment Rule, Corporate Governance

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Brad Doucette

THC Found in CBD Tincture ‘Sparks’ Statutory Debate: SCOTUS Permits Fired Employee To Sue Cannabis Businesses Under CIVIL RICO Law

In Medical Marijuana, Inc. et al v. Horn, 604 U.S. ___ (2025), the Supreme Court of the United States (SCOTUS) engaged in a lively statutory interpretation debate over the reach of the civil provisions of the Racketeer… more

Cannabidiol (CBD) oil, Cannabis Products, Damages, Employment Litigation, False Advertising

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Meghan Douris

The End of Chevron Creates Uncertainty for the AbilityOne Program

One June 28th, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, 603 U.S. __ (2024), overturning Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984),… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Jake Downing

IRS Provides Guidance on CARES Act Defined Benefit Contribution Funding Relief

Seyfarth Synopsis: As Seyfarth has blogged about on multiple occasions, the CARES Act provided relief for qualified plans as a result of COVID-19. With respect to qualified defined benefit pension plans, the CARES Act extended… more

Benefit Plan Sponsors, CARES Act, Coronavirus/COVID-19, Defined Benefit Plans, Employee Benefits

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Marissa Dreher

The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores… more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

See all updates »

Paul Drizner

IRS Clarifies the Federal Income and Employment Tax Treatment of Contributions to and Benefits Paid from State Paid Family and Medical Leave Programs

As mandatory State paid family leave and paid family and medical leave (collectively “PFML”) programs have significantly expanded and proliferated in recent years, participating employers and employees have been faced with a… more

Employee Benefits, Employees, Employer Contributions, Employer Liability Issues, Federal Taxes

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Alex Drummond

Florida’s Stop WOKE Act Is Set To Go Into Effect On July 1 – What Should Employers Do?

On July 1, 2022, the law Florida Governor Ron DeSantis labeled the “Stop the Wrongs to Our Kids and Employees,” or Stop WOKE (“Act”), is set to go into effect, amending Florida’s employment discrimination laws state wide. The… more

Employer Liability Issues, Employment Discrimination, Florida, Governor DeSantis, State and Local Government

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Alexandra Drury

First There Was Litigation; And Then There Was Standing

Now more than ever, it is important for organizations to review and update their basic information security protocols (their incident response, business continuity and crisis communications plans), and to ensure they’re keeping… more

Article III, Corporate Counsel, Data Breach, Data Protection, Data Security

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John Drury

“No Concrete Harm, No Standing”: Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violation Do Not Have Article III Standing And Cannot Recover Damages In Federal Court.

Seyfarth Synopsis: On June 25, 2021, the United States Supreme Court reversed the Ninth Circuit Court of Appeals in TransUnion LLC v. Ramirez, holding that the vast majority of class members did not suffer a “concrete harm”… more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Rachel Duboff

The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation for Employer’s Actions

Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it credible… more

Employer Liability Issues, Hiring & Firing, Sexual Orientation, Sexual Orientation Discrimination, Title VII

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Ben Dudley

Revisiting Homer’s drinking bird: Navigating remote work and automation

Almost eight years ago, we wrote about some lessons that could be taken from The Simpsons episode ‘King-Size Homer’ (first broadcast in 1995). You will remember that Homer is so lazy that he sets up a “drinking bird” to automate… more

Australia, Employees, Employer Liability Issues, Fair Work Act, Flexible Work Arrangements

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Christopher Duffy

Important RWI Considerations under the Corporate Transparency Act

The Corporate Transparency Act of 2020 took effect on January 1, 2024, adding new filing requirements for many companies that may find themselves involved in mergers and acquisitions. Given the breadth of standard… more

Acquisition Agreements, Beneficial Owner, Commercial Insurance Policies, Corporate Sales Transactions, Corporate Transparency Act

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Darren Dummit

Game-Changer: Live Sports Gambling’s Transformative Impact

The secret is out: gambling is now a visible part of the American sports landscape (and many of our personal entertainment budgets). That writing has been on the wall for years. But as all 50 states grapple with the economic… more

Gambling, Murphy v National Collegiate Athletic Association, Sports Betting, Sports Gambling

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Elisa Dun

California ABC Test Not FAAAA-Preempted

Seyfarth Synopsis: In a case involving motor carriers, the California Court of Appeal has held that the FAAAA (Federal Aviation Administration Authorization Act of 1994) does not preempt the ABC employment test California… more

ABC Test, Borello Test, Commercial Truck Drivers, Employee Definition, Employer Liability Issues

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Michael Dunn

SEC Proposes New Human Capital Disclosure Requirements: A Reasonable Step or a Wolf in Sheep’s Clothing?

Seyfarth Synopsis: On August 23, the Securities and Exchange Commission (the “Commission”), in a release entitled “Modernization of Regulation S- K Items 101, 103, and 105”, proposed changes to Regulation S-K significantly… more

Amended Rules, Disclosure Requirements, Environmental Social & Governance (ESG), Human Capital, Human Rights

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Anne Dunne

Mirroring Peloton Won’t Result in Victory

Peloton has come out on top of the litigation leaderboard yet again. As we previously blogged about here, Peloton is no stranger to trade secret litigation. Peloton recently won dismissal of a “mirror image” declaratory judgment… more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Trade Secrets

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Marlin Duro-Martinez

If Pain, Yes Gain – Part 132: NYC Amends Earned Safe and Sick Time Rules to Add Detailed Paid Prenatal Leave Requirements

As previously reported, the New York State Paid Prenatal Leave entitlement went into effect as part of Section 196-B of the New York Labor Law (i.e., the New York State Paid Sick Leave Law) on January 1, 2025… more

City of New York, Earned Sick Time, Employee Benefits, Employee Rights, Employer Responsibilities

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Christina Duszlak

Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices

Employers must provide current employees with written notice of the 2025 contribution rates for the Massachusetts Paid Family and Medical Leave (PFML) program. Employees must receive notice of the 2025 contribution rates on or… more

Employee Benefits, Employees, Employer Liability Issues, Family Medical Leave, Notice Requirements

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Joseph Dyer

Six Essential Tips for Government Contractors Engaging in International Sales

In celebration of the release of the 6th edition of our Government Contracts Compliance Handbook, we are excited to share six essential tips for ensuring compliance in international sales. These tips are designed to help lawyers… more

Anti-Corruption, Bureau of Industry and Security (BIS), Commerce Control List, Directorate of Defense Trade Controls (DDTC), ECCNs

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Diane Dygert

So, How Can Participants Invest Their Retirement Money?

Under the current administration, the Department of Labor has once again changed course on its view of permissible investing strategies for retirement plans, warming to crypto and private equity, and confirming their distrust of… more

401k, 403(b) Plans, Collective Investment Schemes, Compensation & Benefits, Cryptocurrency

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C.J.J. Eaton

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was… more

ABC Test, Employee Definition, Employer Liability Issues, Employment Litigation, Independent Contractors

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Phillip Ebsworth

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are… more

Appeals, Appellate Courts, Arbitration, California, Employment Litigation

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William Eck

Paycheck Protection Program: Loan Forgiveness Deadlines Approaching

The Paycheck Protection Program (PPP) loan forgiveness deadlines are quickly approaching. In order to avoid making unnecessary PPP loan payments, borrowers must submit loan forgiveness applications to their lenders within 10… more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Popular

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Luke Edwards

Anticipating Recovery: A Strategic, International Perspective

Our work as advisers to some of the world’s largest businesses gives us a unique perspective on the way in which employers are beginning to recover from the initial crisis management phase of the COVID-19 pandemic… more

Business Opportunities, Coronavirus/COVID-19, Crisis Management, Employee Retention, Financial Crisis

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Chantelle Egan

California Loosens Indoor Masking Requirements for the Unvaccinated

Seyfarth Synopsis: On February 28, 2022, California’s Governor Newsom issued a press release lifting California’s mask requirements for unvaccinated individuals in indoor settings, downgrading the former requirement to a strong… more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Personal Protective Equipment

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John Egan

Facilities Accessibility Standards on the Chopping Block at the Department of Energy

The Department of Energy recently issued a fast-track proposed rule that would eliminate accessibility standards for facilities of recipients of federal funding under Section 504 of the Rehabilitation Act. Is ADA Title III… more

Accessibility Rules, Americans with Disabilities Act (ADA), Department of Energy (DOE), Deregulation, Disability Discrimination

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Alison Eggers

Commercial Litigation Outlook - 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global tumult… more

Arbitration, Commercial Bankruptcy, Commercial Insurance Policies, Commercial Litigation, Dispute Resolution

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Ashley Ehman

If Pain, Yes Gain – Part 112: New York City Publishes Final Amendments to Earned Safe and Sick Time Rules

On September 15, 2023, the New York City Department of Consumer and Worker Protection (the “Department”) released final amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”) Rules (“Rules”)… more

Earned Sick and Safe Time Act, Earned Sick Time, Employee Rights, Employees, Final Rules

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Tara Michelle Ellis

Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause

Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health… more

Civil Rights Act, Denial of Insurance Coverage, Equal Protection, Gender Identity, Health Insurance

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Brooke Emery

Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport

In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a third-party… more

Air Cargo, Airlines, Airports, Aviation Industry, Collective Bargaining

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Dogan Ervin

101 Whack-a-Mole – Yet Another Software Patent Falls Victim to Section 101

In 2014, the Supreme Court upended U.S. patent law in the landmark ruling for Alice Corp. v. CLS Bank International. The Alice decision established new standards for determining whether inventions, especially those related to… more

Artificial Intelligence, CLS Bank v Alice Corp, Computer-Related Inventions, Corporate Counsel, Machine Learning

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Joseph Escarez

Supreme Court Declines to Overturn Landmark TCPA Jury Verdict

On December 16, 2019, the United States Supreme Court declined to review Krakauer v. Dish Network LLC, thus leaving unresolved a circuit split regarding Article III standing under the Telephone Consumer Protection Act (“TCPA”)… more

Article III, Consumer Privacy Rights, Denial of Certiorari, Injury-in-Fact, SCOTUS

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Andrew Escobar

Amendments To Washington State’s Noncompete Statute Go Into Effect June 6, 2024

Effective January 1, 2020, Washington enacted a noncompete statute which, among other things, required employers to satisfy notice obligations and compensation thresholds to use noncompete agreements with employees and… more

Contract Terms, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Tonya Esposito

Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call upon… more

Class Action, Commercial Bankruptcy, Commercial Court, Commercial Litigation, Cybersecurity

See all updates »

Angelina Evans

FINRA’s Proposed Rule Changes Conforming the Industry Code to “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” are Effective Immediately

Seyfarth Synopsis: On May 13, 2022, FINRA filed a proposed rule change to conform the Industry Code to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. FINRA filed the proposed rule change with… more

Arbitration, Financial Industry Regulatory Authority (FINRA), Proposed Rules, Sexual Assault

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Daniel Evans

Lender Perspectives on Property Assessed Clean Energy (PACE) Loans

Property Assessed Clean Energy (“PACE”) financing is a fast-growing source of potential capital available to developers and property owners throughout the country. Available for use with both commercial properties (in which case… more

Clean Energy, Lenders, PACE, Property Owners

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Bessie Fakhri

FCC Imposes New Limits on TCPA Exemptions Affecting Residential Landline Calls

The Telephone Consumer Protection Act (TCPA) generally restricts making certain non-emergency calls to cellular phones and landlines, among other things, without the called party’s consent. However, the Federal Communications… more

ATDS, Auto-Dialed Calls, FCC, TCPA, Telecommunications

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Dean Fanelli

FDA Issues Emergency Use Authorization for COVID-19 Vaccine

On December 11, 2020, FDA issued the first emergency use authorization (“EUA”) for a vaccine to prevent COVID-19. The vaccine, developed by Pfizer-BioNTech, is authorized for those 16 years of age and older… more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA Approval, Food and Drug Administration (FDA), Infectious Diseases

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Sara Beiro Farabow

Commercial Litigation Outlook - 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global tumult… more

Arbitration, Commercial Bankruptcy, Commercial Insurance Policies, Commercial Litigation, Dispute Resolution

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Tim Farahnik

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Katie Farr

Arbitration Agreement Enforceable By Non-Signatory Alleged Joint-Employers

Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against… more

Appeals, Arbitration, Arbitration Agreements, Class Action, Contract Terms

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Donald Featherstun

DOD Issues Class Deviation and Implementation Guidance for CARES Act Section 3610 Authorizing Potential Recovery by Federal Contractors Due to COVID-19

On April 8, 2020, the Department of Defense (“DOD”) issued Class Deviation Number: 2020-00013 authorizing Contracting Officers (“COs”) to deviate from the principles listed in Federal Acquisition Regulation (“FAR”) Part 31 and… more

Critical Infrastructure Sectors, Cybersecurity, Department of Defense (DOD), Department of Homeland Security (DHS), DFARS

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Sarah Fedner

What does a Trump Presidency Mean for Mandatory Climate Reporting?

In recent years, we have watched as both international and national regulations trended towards increased mandatory climate reporting requirements for corporations. However, now that a new administration will take control of… more

Climate Change, Corporate Social Responsibility, Department of Labor (DOL), Disclosure Requirements, Environmental Protection Agency (EPA)

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Catherine Feldman

Signs You Can’t Ignore If You’re Doing Business in California

California law is complicated. When doing business in California, it helps to get the small things right – like mandatory postings. Keep reading for the signs California employers must post in the workplace… more

Anti-Discrimination Policies, Cal-OSHA, California, Employee Benefits, Employee Rights

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Vlada Feldman

Will New Jersey Become the Second State to Pass a Fair Workweek Law?

Seyfarth Synopsis: On the heels of becoming the first state to mandate severance for workers laid off as part of a mass layoff, New Jersey just may become the second state to pass a statewide predictable scheduling law if a… more

Collective Bargaining Agreements (CBA), Covered Employees, Employee Rights, Employer Liability Issues, Fair Workweek

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Ariel Fenster

2016 All Over Again: Texas Judge Rejects FLSA Exemption Salary Hike, Restores $35,568 Minimum

A federal district judge has vacated the U.S. DOL’s 2024 rulemaking increasing the minimum salary employers must pay to exempt executive, administrative, and professional employees. That minimum now reverts to an annualized… more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Scott Fenton

EPA Proposes First-Ever National Standard for PFAS in Drinking Water

Seyfarth Synopsis: The U.S. Environmental Protection Agency’s (EPA) has announced that it is proposing the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS) in the latest action under… more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Giovanna Ferrari

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Paul Ferrillo

Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call upon… more

Class Action, Commercial Bankruptcy, Commercial Court, Commercial Litigation, Cybersecurity

See all updates »

Ira Fierstein

10 Considerations for Landlords During the Coronavirus Crisis

Disruptions from the coronavirus (COVID-19) pandemic will have a lasting impact on industries worldwide. Commercial real estate landlords and tenants are being forced to make difficult decisions to adapt to these sudden changes… more

Breach of Contract, Business Closures, Business Interruption, Commercial Leases, Commercial Property Owners

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Elliot Fink

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical… more

Adverse Employment Action, Americans with Disabilities Act (ADA), Conditional Job Offers, Department of Transportation (DOT), Disability Discrimination

See all updates »

Noah Finkel

For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh Circuit… more

Appeals, Appellate Courts, Burden-Shifting, Class Action, Class Certification

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Robert Fisher

Wage and Hour Traps for Massachusetts Municipalities - FLSA (Part I)

Seyfarth Synopsis: Massachusetts municipalities have a lot on their plate. They are large and complex organizations that provide critical services to their constituents in accordance with (often strict) budgets. As cities and… more

Collective Bargaining Agreements (CBA), Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Minimum Wage

See all updates »

Sage Fishelman

SCOTUS Confirms the Proper Standard for Injunctive Relief Under the NLRA

In an opinion drafted by Justice Thomas and joined by seven other Justices, on June 13, 2024, the U.S. Supreme Court vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the… more

Employer Liability Issues, Employment Litigation, Injunctive Relief, Multi-Factor Test, NLRA

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Timothy Fisher

Massachusetts Enacts Further Unemployment Relief for Employers and Workers Impacted by COVID-19 Pandemic and Shutdown

Seyfarth Synopsis: On May 27, 2020, Governor Baker signed into law An Act Providing Additional Support to Those Affected by the Novel Coronavirus Through the Unemployment Insurance System… more

Coronavirus/COVID-19, New Legislation, State and Local Government, Unemployment Benefits, Unemployment Insurance

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Erin Dougherty Foley

Imminent Employment Law Changes for Illinois Employers

On January 1, 2025, employers in Illinois must be poised to comply with the looming changes to a host of existing and newly enacted employment laws. The changes reflect the state’s ongoing expansion of workers’ rights and… more

Child Labor, Employee Rights, Employer Liability Issues, Employment Discrimination, Equal Pay

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Cliff Fonstein

SEC Targets Employment Agreements Requiring Waiver of Whistleblower Awards

The SEC’s Office of the Whistleblower continues to examine employee severance, settlement and confidentiality agreements for language that might chill reporting of securities violations to the SEC and other regulators. The SEC… more

Cease and Desist, Confidentiality Agreements, Dodd-Frank, Enforcement Actions, Fines

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Seth Fortin

Beyond the 100 Mile Rule: Court of Appeal Affirms District Court’s Power to Compel Attendance of Distant Witnesses and Unveil Hidden Parties In Litigation

What is the range of a federal district court’s power to compel a nonparty’s attendance at a hearing? Every practicing litigator knows the answer—“within 100 miles of where the person resides, is employed, or regularly transacts… more

Class Action, Disclosure Requirements, Jurisdiction, Motion to Compel, Non-Parties

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J. Marc Fosse

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Sara Eber Fowler

Chicago’s Annual Employment Law Changes Are Coming July 1 — Are You Ready?

Effective July 1, 2025, updates to several key Chicago employment laws go into effect, including (1) updates to the Chicago Fair Workweek employee coverage thresholds; (2) updates to the City’s minimum wage; and (3) new… more

City of Chicago, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Edward Fox

Bankruptcy Court Denies Debtors’ Motion to Abate Rent Due To COVID-19 Government Shutdown Orders

On December 14, 2020, Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas, issued an important decision in the CEC Entertainment, Inc. (Chuck E. Cheese) bankruptcy case, Case No… more

Abatement, Business Closures, Chapter 11, Commercial Bankruptcy, Commercial Leases

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Vittorio Franzese

2024 Company Law Changes in China: What Foreign Investors Need to Know Before July 1

Amendments to the Company Law of the People's Republic of China (the “New Company Law”) were passed on December 29, 2023, and will come into effect on July 1, 2024… more

Capital Contributions, China, Company Law, Foreign Investment, Shareholders

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Robin Freeman

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

See all updates »

Cassandra Frias

ERISA Case Signals New Theories for Plaintiffs’ Bar

Seyfarth Synopsis: After focusing most of its attention on retirement benefit plans, a recent complaint filed in the District of Connecticut shows that the plaintiffs’ bar is turning to health and welfare plans as targets for… more

Breach of Duty, Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

See all updates »

Dianne M. Friedl

Sidelined Workers in Texas Can Refuse to Return to Work and Still Retain Unemployment Benefits, But New TWC Rules do Not Provide Job Protection

Seyfarth Synopsis: The Texas Workforce Commission (TWC) just announced new guidelines allowing workers to retain unemployment benefits if they refuse suitable work for various COVID-19 related reasons… more

Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Layoffs, Re-Opening Guidelines

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Gary Friedman

Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete Alternative

The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just senior-level… more

Confidentiality Agreements, Corporate Governance, DE Supreme Court, Employee Benefits, Employment Contract

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Kerry Friedrichs

2023 FLSA Litigation Metrics & Trends

Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted… more

Department of Labor (DOL), Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Kevin Fritz

No More Friendly Skies for Emotional Support Animals

Seyfarth Synopsis: Emotional support animals will no longer be categorized as “service animals” under the Air Carrier Access Act under new Department of Transportation regulations… more

Airlines, Americans with Disabilities Act (ADA), Article III, Department of Transportation (DOT), Emotional Support Animals

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Amanda Fry

Employees Who Won’t Get On Board With Arbitration—Can Employers Rock The Boat?

Seyfarth Synopsis: Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board. What do you do now? Keep reading for a primer on navigating some murky waters… more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Hiring & Firing

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Molly Gabel

Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport

In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a third-party… more

Air Cargo, Airlines, Airports, Aviation Industry, Collective Bargaining

See all updates »

Matthew Gagnon

Key Developments In Equal Pay Litigation: Maintaining Privilege Over Pay Equity Audits And Investigations

Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of… more

Attorney-Client Privilege, Privilege Waivers, Privileged Communication, Privileged Documents, Work-Product Doctrine

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Paul Galligan

The NYC Safe Hotels Act Creates More Challenges For Non-Union Hotels

On November 4, 2024, Mayor Adams signed Intro 0991-2024, also known as the Safe Hotels Act. The Act will become effective 180 days after November 4th. Initially proposed at the NYC Assembly in July 2024, the Safe Hotels Act… more

City of New York, Employees, Employer Liability Issues, Hospitality Industry, Hotels

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Xiaoming Gao

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs for… more

Contract Disputes, Contract Terms, Energy Policy, Force Majeure Clause, Foreign Policy

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Gina Park Garcia

Key Considerations Regarding Electronic Signatures, Remote Online Notarizations and Electronic Recording in Commercial Real Estate Transactions Amidst COVID-19

States across the country have taken measures to prevent the spread of COVID-19, including implementing closures of non-essential businesses. The increase of individuals working from home has prompted the commercial real estate… more

Coronavirus/COVID-19, Cybersecurity, E-Signatures, Electronic Notarization Standard, Electronic Transaction

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Cheryl Gardner

USCIS to Drastically Change Processing of Employment Applications for L-2, E, and H-4 Nonimmigrant Spouses

Seyfarth Synopsis: USCIS issued a Policy Memorandum following the settlement of a lawsuit that significantly changes work authorization rules for H-4, E, and L-2 spouses. Specifically, certain H-4, E, and L-2 Employment… more

Employment Authorization Documents (EAD), Foreign Nationals, H-4 Spouses, Immigration Procedures, L-2 Visas

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Chris Gardner

Navigating employee relations: The advisor’s role (Part 5)

In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.”… more

Australia, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Darren Gardner

Anticipating Recovery: A Strategic, International Perspective

Our work as advisers to some of the world’s largest businesses gives us a unique perspective on the way in which employers are beginning to recover from the initial crisis management phase of the COVID-19 pandemic… more

Business Opportunities, Coronavirus/COVID-19, Crisis Management, Employee Retention, Financial Crisis

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Ronald Gart

House Representatives Introduce Bipartisan Bill to Facilitate Residential Conversions of Buildings

On July 12, 2024, a bipartisan bill was introduced in the U.S. House of Representatives titled the “Revitalizing Downtowns and Main Streets Act” (H.R. 9002) (the “Bill”), which, if enacted, will provide an investment tax credit… more

Bipartisan Budget, Construction Project, Housing Developers, Housing Market, Investment Tax Credits

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Brooke Gary

Court Halts TPS Termination for Venezuelans: Relief (and Uncertainty) for Employers

On March 31, 2025, Federal Judge Edward M. Chen of the Northern District of California issued a stay on the Trump administration’s revocation of Temporary Protected Status (TPS) for Venezuelans in the United States… more

Appeals, Constitutional Challenges, Corporate Counsel, Department of Homeland Security (DHS), Employment Authorization Documents (EAD)

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William Gaskins Jr.

A New Chapter for Opportunity Zones

The Opportunity Zone program (the “OZ Incentive Program”), launched under the 2017 Tax Cuts and Jobs Act, was designed to spur economic development in distressed communities by offering tax incentives to investors. As part of… more

Capital Gains, Community Development, Economic Development, Investment, Opportunity Zones

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Martha Gates

EEOC’s Pregnant Worker Suits Are Compliance Lessons for Employers

The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that… more

Americans with Disabilities Act (ADA), Corporate Counsel, Employee Rights, Employees, Employer Liability Issues

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Alan Gaynor

Texas Adopts Business-Friendly Amendments to Its Corporate Code—A Response to Delaware?

As states compete to become the preferred jurisdiction for incorporation, Texas has taken a bold step with significant amendments to its Texas Business Organizations Code. Following Delaware’s recent pro-management… more

Board of Directors, Business Codes, Business Entities, Business Judgment Rule, Corporate Governance

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Nick Geannacopulos

SCOTUS Strikes Down Restriction on Excluding Organizers from Private Property

Seyfarth Synopsis: California agricultural employers won big before the United States Supreme Court on Wednesday. In Cedar Point Nursery v. Hassid, the Court deemed unconstitutional a California labor regulation which required… more

Agricultural Workers, Cedar Point Nursery v Hassid, Farm Workers, Farms, Fifth Amendment

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Durward James Gehring

COVID-19 Disaster Relief for the Retirement Side

Seyfarth Synopsis: Last Tuesday, the U.S. Department of Labor (DOL) granted relief for a number of deadlines related to the administration of employee benefit plans, including furnishing notices and disclosures to plan… more

Deadlines, Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Form 5500

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Amanda Genovese

OMG! OMB Reviewing Long-Awaited Mental Health Parity Regulations – Public Release Imminent

Seyfarth Synopsis: Employer health plan sponsors, administrators, and insurers have been eagerly awaiting the U.S. Department of Labor’s upcoming guidance on mental health parity. According to recent reports, newly proposed… more

Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, Health Insurance, Healthcare

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Michelle Gergerian

Important UK immigration work visa changes

UK Skilled Worker Visa – Significant Changes - A major update to the UK immigration rules was published on 14 March 2024. The new rules will become effective on 4 April 2024. Notably, these new rules will affect a large number… more

Employees, Foreign Workers, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Agnes Gesiko

Nonprofit Universities and Schools - Skip the Newspaper Publication of Your Nondiscrimination Policy

At long last, tax-exempt schools, colleges, and universities can stop paying newspapers to annually publish their nondiscrimination policies, and instead satisfy the IRS publicity requirement by posting the policy on their… more

Educational Institutions, Equivalency Determinations, Internal Revenue Code (IRC), Non-Discrimination Rules, Online Platforms

See all updates »

Loren Gesinsky

Supreme Court Bans Affirmative Action in College Admissions: Exploring the Potential Employment Implications

Seyfarth Synopsis: In two companion cases involving Harvard and UNC, the Supreme Court held that colleges and universities may no longer consider race as part of the college admissions process. The schools argued that their… more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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Gina Gi

Recent Appellate Court Ruling Serves As a RoadMap For Summary Judgment On Fact-Specific Disability Discrimination Cases

While motions for summary judgment are usually tricky to obtain in fact-laden employment cases alleging discrimination, failure to accommodate, and failure to engage in the interactive process, the Court of Appeal recently… more

CalPERS, Disability Discrimination, Employees, Employer Liability Issues, Employment Litigation

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Ryan Gilchrist

Allocating the Risk of Tariff Price Increases

As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting… more

Aluminum Sales, Construction Contracts, Construction Project, Contingency Plans, Contract Disputes

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Alyssa Gill

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and… more

Appeals, City of New York, Due Process, Environmental Policies, Greenhouse Gas Emissions

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Takai Gillam

Federal Lawsuit and Tri-Agency Report Shake Up Mental Health Parity

On January 17, 2025, the U.S. Departments of Treasury, Labor and Health and Human Services (the “Agencies”) released its annual report to Congress assessing compliance with statutory mental health parity requirements under the… more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Final Rules

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Nicholas Gillard-Byers

10 New Bills Go Into Effect in July for Washington State Employers

In its 2025 regular session, the Washington State Legislature passed 10 bills impacting employers that will come into effect this year. These legal changes affect compliance obligations, employee benefits, and protections… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Aaron Gillett

Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions

1. A Nightmare Acquisition - Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a tragic… more

Acquisition Agreements, Business Succession, Corporate Sales Transactions, Due Diligence, Employees

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Brian Gillis

PAGA Paraphrased – Stone v. Alameda Health System

Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers… more

Appeals, Appellate Courts, CA Supreme Court, California, Civil Monetary Penalty

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Reeves Gillis

Non-Compete Agreements in Health Care: A Rapidly Evolving Legal Landscape

In the wake of the Federal Trade Commission’s recently failed attempt to ban non-compete agreements between employers and workers, individual states have once again taken up the mantle of further regulating and limiting their… more

Contract Terms, Employee Rights, Employment Contract, Federal Trade Commission (FTC), Health Care Providers

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Jade Gilstrap

Requiring Employees Seeking Reasonable Accommodations to “Feel the Burn” May Violate ADA

Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide… more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Employment Litigation

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Justine Giuliani

The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores… more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Jeffrey Glaser

No Buyer? No Problem. 11th Cir. Affirms Application Of Motor Carrier Act Exemption To Intrastate Drivers Even If Final Recipient Of Goods Is Undetermined At Shipment

Seyfarth Synopsis: The Motor Carrier Act exemption to the FLSA (“MCE”) is a powerful defense against overtime claims brought by interstate truck drivers and others involved in the interstate shipment of goods… more

Commercial Truck Drivers, Delivery Drivers, Employer Liability Issues, Employment Litigation, Exemptions

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Ethan Goemann

Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test

Seyfarth Synopsis: The Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement… more

Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Over-Time

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Josh Goldberg

New Rules for Waiving Meal Breaks in Washington Health Care Facilities

Some Washington healthcare employers will be subject to new requirements for meal and rest breaks starting next year. Moving forward, under amended RCW 49.12.480, there are new hoops these employers must jump through in order to… more

Employee Benefits, Employee Rights, Employment Policies, Healthcare Facilities, Healthcare Workers

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Gabriel Goldenberg

Commercial Landlord Guidance: Should You Take the Temperature of Your Tenants?

The coronavirus (COVID-19) pandemic has given rise to a bevy of questions for commercial landlords. As today’s workplaces have rapidly changed over the last several weeks, many landlords have been left wondering how they should… more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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Arren Goldman

North Carolina Stay-at-Home Order Issued: What It May Mean For Real Estate-Related Activities

Seyfarth Synopsis: On the heels of the enactment of a similar order in Mecklenburg County, which went into effect Thursday, March 26 at 8:00 a.m.i, the Governor of the State of North Carolina has enacted a statewide Stay-at-Home… more

Buyers, Commercial Real Estate Contracts, Coronavirus/COVID-19, Deeds, Foreign Acquisitions

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James Goodfellow Jr.

Supreme Court Remands Case Back Seeking Clarification of the Dudenhoeffer Pleading Standard

In Retirement Plans Committee of IBM v. Jander, the Supreme Court, in a unanimous opinion, clarified the its opinion in Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), which set forth the duties that administrators of… more

Breach of Duty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Employee Stock Purchase Plans, ESOP

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Sarah Goodhew

Curiosity may kill the cat, but is indispensable for workplace health and safety

“Curiosity killed the cat” is a proverb “used to warn of the dangers of unnecessary investigation or experimentation” (Wikipedia) or is an idiom “said to warn someone not to ask too many questions about something” (Cambridge… more

Australia, Corporate Culture, Corporate Governance, Corporate Officers, Criminal Liability

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Julia Gorham

Avoiding Discrimination Claims in the Changing Global Workplace

Seyfarth Synopsis: Global employers have had to become adept at re-arranging the ways in which their employees work over the past two years, both domestically and internationally, with varying modes of mobility… more

Disparate Impact, Employer Liability Issues, Employment Discrimination, Remote Working

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Matthew Graffigna

Workers’ Compensation Liability Is Catching In California

Seyfarth Synopsis: Senate Bill 1159 was signed into law by Governor Newsom on September 17, 2020, and went into effect immediately. Under the new law, if employees test positive for COVID-19 under specific circumstances, there… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Executive Orders, Governor Newsom

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Bailey Green

Policy Matters Newsletter - June 2023

Aaaaaand we're back! As we did around the same time last year, we would like the thank the readers for y’all’s patience during our summer hiatus to allow our authors to take a short break to get some Vitamin D and replenish. But… more

Department of Labor (DOL), Employee Benefits, Equal Employment Opportunity Commission (EEOC), Labor Reform, Legislative Agendas

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Kevin Green

Not All Documents Labeled Confidential Actually Are: Texas Jury Finds $23M Trade Secret Case Was Brought in Bad Faith

On May 31, 2023, a Harris County Texas District Court jury found a telecom company acted in bad faith by filing a $23 million trade secret misappropriation lawsuit against a rival where the underlying technology was found to not… more

Bad Faith, Confidential Information, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Eric Greenberg

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Dennis Greenstein

Understanding Local Law 97 (LL 97): Frequently Asked Questions and Answers

What is LL 97? - New York City’s LL 97 is part of a package of laws referred to as the Climate Mobilization Act, intended to be New York City’s own “Green New Deal.” At its core, LL 97 caps the amount of greenhouse gas… more

Condominiums, Greenhouse Gas Emissions, Local Ordinance

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Adam Greetis

Senate And House Reconcile Their Versions Of Tax Reform

This is the fourth issue in a planned series of alerts designed to provide an in-depth analysis on topics related to tax reform. This Tax Reform Management Alert issue focuses on executive compensation and employee benefits… more

Compensation & Benefits, Corporate Taxes, Employee Benefits, Executive Compensation, Fringe Benefits

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Lauren Gregory

Supreme Court Allows Copyright Damages Recovery Outside Three-Year Limitations Period—But Questions Regarding Accrual of Claims Remain

The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year… more

Copyright, Copyright Infringement, Copyright Ownership, Damages, Discovery

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Lara Grines

This New Year, Raise Your Glasses And The Minimum Wage

Seyfarth Synopsis: Effective January 1, 2019, California’s minimum hourly wage goes up to $12.00 for large employers, and many local minimum wages will go higher still. Don’t forget that the statewide change will affect salary… more

Exempt-Employees, Local Ordinance, Minimum Salary, Minimum Wage, State and Local Government

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Jaclyn Gross

From VIP Lists to Vaccine Cards: Expanding Vaccination Requirements

Seyfarth Synopsis: On August 12, 2021, the City and County of San Francisco issued an order requiring certain businesses offering food services or fitness services indoors to check for proof of full vaccination. This requirement… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Infectious Diseases, Public Health, Vaccinations

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Karla Grossenbacher

EEOC’s Pregnant Worker Suits Are Compliance Lessons for Employers

The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that… more

Americans with Disabilities Act (ADA), Corporate Counsel, Employee Rights, Employees, Employer Liability Issues

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Marc Gurell

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the… more

Anti-Harassment Policies, Commercial Leases, Commercial Property Owners, Commercial Tenants, Constitutional Challenges

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Charles Guzak

Policy Matters Newsletter - June 2022

RISE and SHINE Act. It is just a discussion draft, so need to get too excited at the prospect of more bi-partisanship (maybe this author is alone in his excitement over that potential), but recently, Chair Patty Murray and… more

Coronavirus/COVID-19, Employer Liability Issues, Environmental Social & Governance (ESG), OSHA, Wage and Hour

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Christopher Haan

OFCCP Takes Aim at Oracle’s Hiring and Compensation Practices

Seyfarth Synopsis: On January 22, 2019, the Office of Federal Contract Compliance Programs (“OFCCP” or “the Agency”) filed a motion for leave to file a new amended complaint in connection with its 2017 Compliance Evaluation of… more

Compensation & Benefits, Corporate Counsel, Employment Discrimination, Hiring & Firing, Motion for Leave

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Lennon Haas

Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation

The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to the… more

Appeals, Class Action, Collective Actions, Cracker Barrel, Due Process

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Joseph Hadacek

San Francisco Employees Now Entitled To Differential Pay For Military Leave

On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and… more

California, Employees, Labor Reform, Local Ordinance, Military Leave

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Joshua Hager

Key Considerations Regarding Electronic Signatures, Remote Online Notarizations and Electronic Recording in Commercial Real Estate Transactions Amidst COVID-19

States across the country have taken measures to prevent the spread of COVID-19, including implementing closures of non-essential businesses. The increase of individuals working from home has prompted the commercial real estate… more

Coronavirus/COVID-19, Cybersecurity, E-Signatures, Electronic Notarization Standard, Electronic Transaction

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George Haight

Ambiguity Begets Ambiguity: A Legislative Attempt to Bring Clarity to Patentable Subject Matter May Bring More Confusion

On August 2, 2022, Sen. T. Tillis introduced the Patent Eligibility Restoration Act (S.4734) in an effort to clarify which inventions are actually patentable and to codify those that are not. Since the Supreme Court handed down… more

Abstract Ideas, CLS Bank v Alice Corp, Intellectual Property Protection, Mayo v. Prometheus, Patent-Eligible Subject Matter

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Amanda Hailey

Washington’s Increased Minimum Wage Will Bump Washington’s Salary Threshold for Exempt Employees Above Federal Requirements on January 1, 2021

Seyfarth Synopsis: On January 1, 2021, Washington’s minimum wage will increase and will trigger the first in a series of increased salary thresholds for exempt employees, which will continue through 2028. These upcoming changes… more

Employer Liability Issues, Exempt-Employees, Labor Regulations, Minimum Wage, Over-Time

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Victoria Shapiro Hakim

“Weight Watchers”— Weight Discrimination in the Workplace

Seyfarth Synopsis: ‘Tis the season of food temptation: the average American gains at least five pounds between Thanksgiving and New Year’s Day. California employers need to beware of weight discrimination in the fluctuating… more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Discrimination, FEHA

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Timothy Haley

U.S. District Court Denies Motion For Class Certification In Wage Suppression Antitrust Case

Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535, a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13… more

Antitrust Litigation, Antitrust Provisions, Antitrust Violations, Class Action, Class Certification

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Demetria Hamilton

Budtender Bankruptcy Blindside

In a recent legal development that underscores the intricate interplay between federal bankruptcy law and the cannabis industry, a court case has emerged involving a bankruptcy filing by an employee of a cannabis company. It’s… more

Bankruptcy Code, Bankruptcy Court, Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 13

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William Hampshire

UK Labor Law – Legislation For Proposed Significant Reforms Unveiled

The UK’s new Labour government published its highly anticipated Employment Rights Bill last week. In total, the draft Bill contains 28 stand-alone employment law reforms (including many of the changes that we outlined in our… more

Employee Benefits, Employee Rights, Employer Liability Issues, Flexible Work Arrangements, Gender-Based Pay Discrimination

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Benjamin Han

Pondering The Future Of Equal Pay Litigation: What A “Business Necessity” Requirement Means For An Employer’s Defense Against Equal Pay Claims

Seyfarth Synopsis: Pending federal bill H.R. 7, titled the Paycheck Fairness Act, could import into federal law some significant changes that have already been enacted in a few states around the country. If enacted, it could… more

Employer Liability Issues, Equal Pay, Equal Pay Act, Pay Discrimination, Wage and Hour

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William Hanlon

Bankruptcy Court Approves Cannabis Debtor’s Chapter 11 Plan

On September 20, 2023, the U.S. Bankruptcy Court for the Central District of California (“Court”) confirmed a plan for a cannabis-related business (“Debtor”) to sell its equity interests in a Canadian cannabis company, Lowell… more

Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 11, Commercial Bankruptcy, Creditors

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Saman Haque

Unpacking the City of Chicago’s Most Recent Updates To Its Fair Workweek Ordinance

Seyfarth Synopsis: The City of Chicago recently published a few guidance updates to the Chicago Fair Workweek Ordinance: (1) The City published its new annual Notice – effective July 1, 2023 – increasing the earnings threshold… more

City of Chicago, Employer Liability Issues, Fair Workweek, Labor Reform, Local Ordinance

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Christopher Harney

“U Can’t Touch This”: When A Garnished Employee Goes Bankrupt

Seyfarth Synopsis: Employers increasingly find themselves in the difficult position of deciding whether to continue garnishing an employee’s wages pursuant to a garnishment order when the employee files for bankruptcy… more

Automatic Stay, Child Support, Consumer Bankruptcy, Creditors, Employer Liability Issues

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Skelly Harper

D.C. Circuit Denies Enforcement of NLRB’s Decision Applying Pacific Lutheran Standard

Seyfarth Synopsis: An important issue for colleges and universities is whether faculty are “managerial” employees under the National Labor Relations Act, and thus precluded from union organizing… more

Appeals, Educational Institutions, Judicial Review, Managers, NLRB

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Darien Harris

Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says

Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must… more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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Daniel Hart

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Alexandra Hassell

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially… more

Annual Reports, Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Employment Discrimination

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Paul Haswell

The EU Digital Services Act: Overview and Impact

On 16 November 2022, EU Regulation 2022/2065, better known as the Digital Services Act (“DSA”), came into force. The DSA is a key development in the use of online services in the European Union (“EU”), with an impact on online… more

Data Protection, Digital Service Providers, Digital Services, EU, General Data Protection Regulation (GDPR)

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Georgina Hatch

Preventing Sexual Harassment in the Workplace: A Cultural Shift or Business as Usual?

Sexual harassment in the workplace is a pervasive issue with serious consequences for both employees and employers. According to a 2023 Trade Union Congress poll, 60% of women reported experiencing sexual harassment, bullying,… more

Corporate Culture, Employees, Employer Liability Issues, Employment Policies, Hostile Environment

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Holland Hawkins

Sha’Carri Richardson, Olympic Hopeful, Suspended after Testing Positive for Cannabis

Seyfarth Synopsis: An American athlete has been suspended for one month for testing positive for marijuana and violating the Anti-Doping Rule, putting her ability to represent the United States in the Olympic games in jeopardy… more

Anti-Doping Issues, Drug Testing, Marijuana, Olympics

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Erin Hawthorne

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 3)

In Part 3 of our series, we’ll look at the standard of proof, the conduct of interviews, how each country aims to protect confidentiality and whistleblowers, and privacy… more

Asia, Australia, Confidentiality Agreements, Cross-Border, Data Privacy

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Linda Haynes

A Matter of Trust – DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Kay Hazelwood

50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA… more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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A. Scott Hecker

Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid and… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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John Heinbockel

Use of Floorplans in Real Estate Listings is Permissible Under U.S. Copyright Law

Floor plans are a key part of real estate listings, providing fundamental information about the layout of a building to prospective buyers or renters. But home designer Charles James and his company Designworks Homes, Inc. filed… more

Appeals, Architectural Copyrights, Copyright, Copyright Infringement, Copyright Litigation

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Jamila Hemmerich

Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate

This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the… more

Cell Phones, Confidentiality Agreements, Copyright, Copyright Infringement, Copyright Litigation

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Joshua Henderson

This Week – Cal/OSH Board to Vote on New Regulation to Allow Employees and Union Representatives to Request Workplace Injury and Illness Prevention Program

Seyfarth Synopsis: The Cal/OSH Standards Board will vote this week on a proposed standard requiring employers to provide their employees and employee representatives access to the company’s Injury and Illness Prevention… more

Cal-OSHA, Construction Workers, Employer Liability Issues, Health and Safety, Labor Regulations

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Erica Hendricks

FINRA Issues Guidance on the Handling of Customers When a Broker Leaves a Firm

The Financial Industry Regulatory Authority (FINRA) recently issued some expectations/guidance to industry members on FINRA’s expectations when a broker leaves for another firm… more

Brokers, Confidential Information, Financial Industry Regulatory Authority (FINRA), Former Employee, Intellectual Property Protection

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Christine Hendrickson

The Final Countdown: Canada’s Revised Pay Equity Act Effective August 31, 2021

Seyfarth Synopsis: On July 7, 2021, Canada’s Minister of Labour announced an August 31, 2021, effective date for Canada’s Pay Equity Act. The Act and its implementing regulations contain detailed and strict requirements for… more

Canada, Equal Pay, Ministry of Labour, Wage and Hour

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Michael Herbst

Looking Past the Headlines, the Impact of the FTC’s Ban on Non-Competes in M&A, Private Equity and Venture Capital

Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or… more

Competition, Corporate Sales Transactions, Employees, Employer Liability Issues, Employment Contract

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Ari Hersher

California Considers Cutting the Cord with Right to Disconnect Legislation

California lawmakers have introduced legislation that would give employees the right to ignore communications from their employers that are received outside the contours of their “working hours,” which must first be agreed upon,… more

California, Employees, Employer Liability Issues, Labor Code, Labor Reform

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Dyann DelVecchio Hilbern

Essential COVID-19 Immigration Planning for US Employers

Seyfarth Synopsis: COVID-19 has upended the world. Governments and businesses are racing to respond. The US legal immigration system for sponsoring and employing noncitizens is no exception. American employers must plan around… more

Best Practices, Business Continuity Plans, China, Coronavirus/COVID-19, Corporate Counsel

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Eric Edward Hill

Does It Feels Like School? Are You in a Classroom? If So, Soak in the Knowledge but Don’t Expect Pay for the Training Time!

Seyfarth Synopsis: Airline customer service representative denied pay for pre-employment 10-day classroom training program under the FLSA and California Labor Law. The maxim “it is extremely difficult to find someone to pay… more

Airline Employees, Department of Labor (DOL), Employee Training, Fair Labor Standards Act (FLSA), Primary Beneficiary Test

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Stan Hill

11th Circuit to Employers: Heed Your FMLA Obligations

Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the employer… more

Corporate Counsel, Employer Liability Issues, Essential Functions, Family and Medical Leave Act (FMLA), Light-Duty Positions

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Aimee Hinksman

Avoiding Discrimination Claims in the Changing Global Workplace

Seyfarth Synopsis: Global employers have had to become adept at re-arranging the ways in which their employees work over the past two years, both domestically and internationally, with varying modes of mobility… more

Disparate Impact, Employer Liability Issues, Employment Discrimination, Remote Working

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Cristen Hintze

Single Use of Racial Slur May Constitute Harassment

Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,… more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Harassment, Hostile Environment

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Cory Hirsch

Department Of Labor Has More To Say About ESG And Shareholder Rights

On April 23, 2018, the Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-01 (“FAB”), which clarifies Interpretive Bulletin 2015-01 (relating to a benefit plan selecting investments to promote social policy… more

401k, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Honore Hishamunda

Introspective Due Diligence - M&A due diligence as a model for cost-mitigating self-analysis of labor and employment law compliance risks

We devote a substantial part of our practice these days to helping clients conduct due diligence to assess other businesses that they think they might acquire. Much of our work is focused on overseeing our subject matter expert… more

Acquisitions, Buyers, Due Diligence

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Timothy Hix

Recent Appellate Court Ruling Serves As a RoadMap For Summary Judgment On Fact-Specific Disability Discrimination Cases

While motions for summary judgment are usually tricky to obtain in fact-laden employment cases alleging discrimination, failure to accommodate, and failure to engage in the interactive process, the Court of Appeal recently… more

CalPERS, Disability Discrimination, Employees, Employer Liability Issues, Employment Litigation

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James Hlawek

Federal Court Allows Discovery In ERISA Case Based On “Information And Belief” Allegations That Plaintiff Merely Believed To Be True

Seyfarth Synopsis: A federal district court denied a motion to dismiss an ERISA complaint that was based in large part on secondhand “information and belief” allegations about the defendants’ business operations. The decision… more

Collective Bargaining Agreements (CBA), Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement Plan

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Amy Hoang

Six Essential Tips for Navigating Mergers & Acquisitions (M&A) in Government Contracts

In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating Mergers & Acquisitions (M&A) in government contracting. The complexities… more

Acquisition Agreements, Conflicts of Interest, Corporate Sales Transactions, Cybersecurity, Dispute Resolution

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Marcus Hobson

October 2024 Visa Bulletin: Key Highlights and Implications

October 1 marks the start of the government’s fiscal year, signaling the release of at least 140,000 new employment-based immigrant visa numbers to be allocated across categories and nationalities in the new fiscal year. With… more

Foreign Workers, Hiring & Firing, Immigrants, Immigration Procedures, Immigration Reform

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Neeka Hodaie

Oregon Enacts Consumer Privacy Act

On July 18, 2023, Oregon’s Governor Tina Kotek signed SB 619, which created the Oregon Consumer Privacy Act (“OCPA”). Oregon joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Florida,… more

Consumer Privacy Rights, Cybersecurity, Data Protection, New Legislation, Oregon

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Charlotte Hodde

New Rules for Waiving Meal Breaks in Washington Health Care Facilities

Some Washington healthcare employers will be subject to new requirements for meal and rest breaks starting next year. Moving forward, under amended RCW 49.12.480, there are new hoops these employers must jump through in order to… more

Employee Benefits, Employee Rights, Employment Policies, Healthcare Facilities, Healthcare Workers

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Dominic Hodson

Anticipating Recovery: A Strategic, International Perspective

Our work as advisers to some of the world’s largest businesses gives us a unique perspective on the way in which employers are beginning to recover from the initial crisis management phase of the COVID-19 pandemic… more

Business Opportunities, Coronavirus/COVID-19, Crisis Management, Employee Retention, Financial Crisis

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Rachel Hoffer

It’s Easy to See: 20/20 a Clear Win for Employers in the Fifth Circuit

Seyfarth Synopsis: In 20/20 Communications, Inc. v. Crawford, the Fifth Circuit joined eight other circuits in holding that the availability of class arbitration is a “gateway” issue for courts, not arbitrators, to decide—unless… more

Arbitration, Arbitration Agreements, Class Arbitration

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Valerie Hoffman

Equal Pay Day 2022: Key Trends in Pay Equity

Seyfarth Synopsis: Seyfarth Shaw Pay Equity Group is pleased to release our updated 50 State Pay Equity Desktop Reference and Developments in Equal Pay Litigation Reports, and our second annual Global Pay Equity Desktop… more

Employer Liability Issues, Equal Pay, Pay Transparency, Wage and Hour

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Mary Honeychurch

May 2023 U.S. Immigration Alert

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration… more

Foreign Nationals, Immigrants, Immigration Procedures, Visas

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Selyn Hong

Wearable Device Data: The Next Big Thing for Employment Litigation Cases

Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before… more

Admissible Evidence, Disability Benefits, Disability Discrimination, Electronic Protected Health Information (ePHI), Employer Liability Issues

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Timothy Hoppe

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim… more

Employee Misconduct, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Thomas Horan

Supreme Court Lowers Bar to Pleading Prohibited Transactions, Despite “Serious Concerns” of Meritless Litigation

In a unanimous decision reversing dismissal of prohibited transaction claims based on fees paid to defined contribution plan recordkeepers, the Supreme Court held that ERISA’s prohibited transaction exemptions are affirmative… more

Appeals, Benefit Plan Sponsors, Class Action, Compensation & Benefits, Cunningham v Cornell University

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Jay Houghton

Cybersecurity In Construction: How To Effectively Mitigate Cyber Risk

The construction industry’s reliance on digital data and devices has reshaped the construction process. When used properly, digital technology facilitates collaboration and increases productivity. However, growing dependence on… more

Cyber Attacks, Cybersecurity, Data Breach, Data Management, Data Privacy

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Nascine Howell

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions… more

Bankruptcy Court, Breach of Contract, Business Litigation, Contract Terms, Coronavirus/COVID-19

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Dana Howells

2020 Census: The Whereabouts of Paid Sick and Personal Leave Laws & State Gatekeepers

Seyfarth Synopsis: Roughly two years ago we introduced Seyfarth’s Infographic tracking the spread of paid sick leave and anti-local sick leave laws around the country from pre-2014 to year-end 2018. We have since seen a… more

Coronavirus/COVID-19, Corporate Counsel, Federal Contractors, Local Ordinance, Paid Leave

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Thomas Howley

Who Decides Who Decides? The Third Circuit Addresses the “Queen of All Threshold Issues” in Arbitration Law

Seyfarth Synopsis: The U.S. Court of Appeals for the Third Circuit recently addressed what’s been called the “queen of all threshold issues” in arbitration law: does a court or an arbitrator decide whether an agreement exists,… more

Arbitration, Arbitration Agreements, Collective Bargaining Agreements (CBA), Contract Terms, Corporate Counsel

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Lukas Huldi

Finding Religion on a Motion to Dismiss: Federal Court Concludes that Plaintiff’s Secular Concerns About COVID Vaccines Do Not Foreclose Religious Discrimination Claims

In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff’s allegations of religious conflict with… more

Civil Rights Act, Coronavirus/COVID-19, Employment Discrimination, Employment Litigation, Employment Policies

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Meryl Hulteng

Judge Posner Called It a “Racket”: A Federal Judge Pushes Back Against a Very Similar “Mootness Fee” Petition in Federal Merger Litigation

In a recent decision from the United States District Court for the Southern District of New York, a federal Judge pushed back against the common but abusive practice of “mootness fee” payoffs in public M&A deals. In the February… more

Attorney's Fees, Class Action, Disclosure-Based Settlements, Mergers, Shareholder Litigation

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Jeffrey Hummel

Fourth Circuit Clarifies What Qualifies As “Labor” Under The Miller Act

Under the Miller Act, 40 U.S.C. §§ 3131 et seq., contractors hired to work on federal construction projects are required to furnish payment bonds in order to ensure payment to certain persons that provide labor for the project… more

Construction Contracts, Construction Industry, Construction Project, Contractors, Miller Act

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Elizabeth Humphrey

DOJ Doubles Down on DEI and Antidiscrimination Obligations for Recipients of Federal Funds

The U.S. Department of Justice recently issued a memorandum providing additional clarity and guidance on DEI-related programs and policies. The memo emphasizes that federally funded entities may not make decisions—such as… more

Affirmative Action, Anti-Discrimination Policies, Department of Justice (DOJ), Deregulation, Diversity and Inclusion Standards (D&I)

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J. Scott Humphrey

Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law

Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada Legislature… more

Drug Testing, Employer Liability Issues, Employment Policies, Medical Marijuana, Private Right of Action

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John Hunt

First Decisions in COVID-19 Securities Motions to Dismiss Offer Mixed Results

Seyfarth Synopsis: Two recent decisions on motions to dismiss in COVID-related class action securities litigations—one successfully dismissed, the other largely surviving—show that a bare allegation of failure to predict the… more

Coronavirus/COVID-19, Initial Public Offering (IPO), Motion to Dismiss, Securities Violations

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Francesca Hunter

California Dances Away From The Whistleblower Three-Step

Seyfarth Synopsis: Addressing the method to evaluate a whistleblower retaliation claim under Labor Code section 1102.5, the California Supreme Court concluded that courts should apply the framework prescribed by statute in Labor… more

Employer Liability Issues, Hiring & Firing, Retaliation, Whistleblowers

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Pamela Huynh

Serial Plaintiff Seeking to Enforce a Delinquent Settlement Payment Gets a Sharp Judicial Rebuke from EDNY Federal Judge

Concerned that serial plaintiffs are not actually ensuring that defendants are removing access barriers under their confidential settlement agreements, EDNY Judge Cogan takes charge… more

Americans with Disabilities Act (ADA), Attorney's Fees, Breach of Contract, Disability Discrimination, Enforcement Actions

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Kristie Iacopetta

Federal Contractors: Prepare for Resumed OFCCP Enforcement Under Section 503 and VEVRAA

The Office of Federal Contract Compliance Programs (OFCCP) continues to release policy updates despite its uncertain future. Today the U.S. Department of Labor (DOL) lifted its temporary suspension on enforcement activities… more

Affirmative Action, Compliance, Department of Labor (DOL), Enforcement Actions, Executive Orders

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Taylor Iaculla

From Ally to Adversary: Employers Face New EEOC Scrutiny for Hiring Immigrants

In a dramatic policy shift, the U.S. Equal Employment Opportunity Commission (“EEOC”) under Acting Chair Andrea Lucas announced, in a press release, a new focus on unlawful employment practices that favor non-American workers… more

Anti-Discrimination Policies, Employment Discrimination, Employment Policies, Equal Employment Opportunity Commission (EEOC), Foreign Workers

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Peace Ibe

The Child Status Protection Act & USCIS Extraordinary Circumstances Policy Updates

The Child Status Protection Act (CSPA) is a law designed to help certain young people (children of immigrants) keep their eligibility for U.S. immigration benefits, even if they turn 21 years old during the application process… more

CSPA, Green Cards, Immigrants, Immigration Procedures, Immigration Reform

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Annette Idalski

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs for… more

Contract Disputes, Contract Terms, Energy Policy, Force Majeure Clause, Foreign Policy

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Hannah Jackson

North Carolina Stay-at-Home Order Issued: What It May Mean For Real Estate-Related Activities

Seyfarth Synopsis: On the heels of the enactment of a similar order in Mecklenburg County, which went into effect Thursday, March 26 at 8:00 a.m.i, the Governor of the State of North Carolina has enacted a statewide Stay-at-Home… more

Buyers, Commercial Real Estate Contracts, Coronavirus/COVID-19, Deeds, Foreign Acquisitions

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Justin Jackson

PAGA Paraphrased — Rodriguez v. Lawrence Equip., Inc.

The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a… more

Arbitration, Employees, Employer Liability Issues, Employment Litigation, Labor Code

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Marc Jacobs

What President Trump’s Executive Order Means for Unemployment Compensation Benefits

One of the major sticking points for the most recent round of stimulus negotiations was what to do about the expansion of unemployment compensation benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act… more

CARES Act, Coronavirus/COVID-19, Disaster Aid, Executive Orders, Infectious Diseases

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Michael Jacobsen

False Start: U.S. Supreme Court Declines to Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so, the… more

Americans with Disabilities Act (ADA), Appeals, Article III, California, Class Action

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Zachary Jacobson

Six Essential Tips for Foreign Military Sales Compliance for Government Contracts

In celebration of the release of the 6th edition of the Government Contracts Compliance Handbook, we are excited to share six essential tips for ensuring compliance in government contracts in support of Foreign Military Sales… more

Arms Export Control Act, Compliance Management Systems, Cross-Border Transactions, Defense Contracts, Defense Sector

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Jeffrey Jahns

Court Decisions Extend Chicago’s Transfer Tax Ordinance to Cover Mortgage Assignment

Earlier this month, in a case of first impression, the Circuit Court of Cook County, Illinois in the consolidated cases of City of Chicago v. KTCP 225, LLC, Case No. 13 L 050290, and City of Chicago v. Horizon Group XXI, LLC,… more

Assignments, Foreclosure, Local Ordinance, Mortgages, Realty Transfer Taxes

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Christina Janice

Another Federal Court Suggests That, To Meet Adequacy Requirements, Class Counsel Should Reflect The Diversity Of The Putative Class

Seyfarth Synopsis: On July 14, 2020, Judge James Donato of the U.S. District Court for the Northern District of California became the latest to deny appointment of class counsel in a class action based on lack of diversity,… more

Class Action, Diversity, Diversity and Inclusion Standards (D&I), FRCP 23, Legal Representatives

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Eric Janson

Fourth Circuit Reaffirms That Consistently Implementing Lawful Business Practices and Policies is Not Discrimination

Seyfarth Synopsis: In Lyons v. City of Alexandria, No. 20-1656, 2022 WL 1739987 (4th Cir. June 1, 2022), the Court issued an employer-friendly decision under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.,… more

Civil Rights Act, Employer Liability Issues, Race Discrimination, Title VII

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Christina Jaremus

Wage and Hour Around the Corner: From Zoom to Room Staying on Solid Legal Grounds with a Remote Staff or an Office Return

The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes… more

Americans with Disabilities Act (ADA), Compensation & Benefits, Coronavirus/COVID-19, Employee Rights, Employees

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Ashley Jenkins

DOJ Withdraws Eleven ADA Guidance Documents For Public Accommodations

The Trump DOJ rescinded five COVID-19 related documents and six older guidance documents designed to educate businesses on the requirements of the ADA, claiming that the recission will reduce the burden on businesses to review… more

Accessibility Rules, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, Department of Justice (DOJ)

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Olivia Jenkins

Georgia Maps Out New Requirement for Employee Non-Solicits

On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it easier… more

Employer Liability Issues, Employment Contract, Employment Litigation, Georgia, Hiring & Firing

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Kira Johal

Oregon Paid Family and Medical Leave Insurance Program is Here

What You Need to Know - Oregon Paid Family and Medical Leave (“OR PFML”) premium withholdings began January 1, 2023… more

Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave, Wage and Hour

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Cathryn Johns

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Alex Johnson

A Trap for the Unwary Owner, Lender, and General Contractor: Avoiding Criminal Liability and Civil Penalties in Connection with Tennessee Construction Projects

For any “prime” or general construction contract that is $500,000 or greater and all subcontracts thereunder (regardless of amount), Tennessee law requires that the owner (and by implication, any construction lender funding… more

Civil Monetary Penalty, Construction Project, Criminal Liability, Escrow Accounts, Escrow Instructions

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Louisa Johnson

President Biden’s U.S. DOL Seeks To Rescind The Trump DOL’s Worker Classification Rules

Today marks two additional efforts by President Biden’s Administration to reverse the Trump Administration’s rulemaking. This time, two U.S. Department of Labor rules that were both published in the Federal Register as final… more

Biden Administration, Department of Labor (DOL), Independent Contractors, Joint Employers

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Mark Johnson

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Randel Johnson

Seyfarth Policy Matters Newsletter - July 2020 #4

NLRB Decision Gives Employers More Leeway to Discipline Employees for Offensive Speech. Traditionally, the National Labor Relations Act protected offensive or even abusive speech by employees when the worker is involved in… more

Coronavirus/COVID-19, Disciplinary Proceedings, Employee Rights, Employer Liability Issues, Employment Policies

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Morgan Jones

California Judicial Council Votes to Sunset Emergency Amendments to Rules of Court that Prevent Evictions and Judicial Foreclosures

As noted in prior updates, on April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court that, among other things, except as necessary to protect public health and safety… more

Coronavirus/COVID-19, Eviction, Foreclosure, Judicial Foreclosure Process, Rules of Court

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Kathy Josephson

Federal Court’s Discovery Ruling Offers Lessons To Insurers Alleging Health Care Fraud Pursuant To Predetermined Protocol Theory

Last month, in Government Employees Insurance Co. v. Cereceda, 2021 WL 148738 at *6-7 (S.D. Fla. Jan. 15, 2021) (“Cereceda”), the Southern District of Florida issued a discovery ruling that insurers should consider carefully in… more

Discovery, GEICO, Health Care Providers, Healthcare Fraud

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Patrick Joyce

I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements… more

Constitutional Challenges, Employer Liability Issues, Employer Responsibilities, Enforcement Actions, Government Agencies

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Michael Jusczyk

Causation Defenses to Premises Liability Claims Involving Alleged Exposure to COVID-19

Businesses that re-open to the public could potentially find themselves facing premises liability claims from customers who allege that they contracted COVID-19 on the premises due to the business’s negligence… more

Bodily Injury, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims, Liability

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Stanley Jutkowitz

Re-scheduling in Limbo – Hearing Cancelled

Drug Enforcement Administration (DEA) Administrative Law Judge (ALJ) John Mulrooney has cancelled the long-awaited cannabis re-scheduling hearing set for next week. Pro-reform advocates have suggested that the DEA had improper… more

Administrative Law Judge (ALJ), Administrative Procedure Act, Appeals, DEA, Decriminalization of Marijuana

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David Kadue

California Dances Away From The Whistleblower Three-Step

Seyfarth Synopsis: Addressing the method to evaluate a whistleblower retaliation claim under Labor Code section 1102.5, the California Supreme Court concluded that courts should apply the framework prescribed by statute in Labor… more

Employer Liability Issues, Hiring & Firing, Retaliation, Whistleblowers

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D. Ward Kallstrom

Seventh Circuit Rejects In-Network Providers’ Bid For ERISA Claims Procedures

Claims by providers seeking to assert the rights of ERISA plan participants have been percolating in courts throughout the country. The Seventh Circuit has now weighed in, rejecting the notion that providers who have payment… more

Appeals, Benefit Plan Sponsors, Claims Appeal Procedures, Denial of Benefits, Employee Benefits

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Ken Kanzawa

What the DOGE "Cost Efficiency Initiative" Executive Order Means for Government Contractors and Grantees

On February 26, 2025, President Trump issued Executive Order 14222 entitled, “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative” (hereinafter, the “E.O.”), as well as an accompanying… more

Department of Government Efficiency (DOGE), Executive Orders, Federal Contractors, Federal Funding, Federal Grants

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Keval Kapadia

Virginia and West Virginia Adopt Laws Regulating Over-the-Air Updates

With over-the-air (OTA) updates for motor vehicles becoming increasingly prevalent in the United States, consumers will be able to receive and install updates to vehicle firmware and software. Some updates might simply provide… more

Automotive Industry, Manufacturers, Motor Vehicles, Software

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Anshel Joel Kaplan

New York Court Of Appeals Establishes Standard For Punitive Damages Under NYCHRL

Seyfarth Synopsis: The New York Court of Appeals, on a question certified by the Second Circuit, announced the standard for punitive damages in claims under the New York City Human Rights Law… more

Appeals, Civil Rights Act, Employer Liability Issues, Employment Litigation, NYCHRL

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Mitchell Kaplan

A Roadmap for CRE Loan Document Review in connection with Waiver, Forbearance and Modification Requests During the COVID-19 Pandemic

As income streams are interrupted due to loss of rents in the midst of business closures during the continuing pandemic, many borrowers are reaching out to their lenders to discuss debt service and other relief under their… more

Borrowers, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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Lynn Kappelman

A Unanimous Supreme Court Rules on Undue Hardship in Religious Accommodation: De Minimis Is Out, “Substantial Increased Costs” Is In

Seyfarth Synopsis: A unanimous Supreme Court has issued its decision in Groff v. Dejoy, clarifying Title VII’s undue hardship standard to mean “substantial increased costs in relation to the conduct of its particular business.”… more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

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Alex Karasik

Federal Court Extinguishes Firefighters’ Class Action Claims In Race Discrimination Lawsuit

Seyfarth Synopsis: In Savage, et al. v. The City of Springfield, Case No. 3:18-CV-30614, 2022 LEXIS 124587 (D. Mass. July 14, 2022), a federal court in Massachusetts recently denied Plaintiffs’ motion for class certification,… more

Class Action, Class Certification, Employment Litigation, Race Discrimination

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Jonathan Karelitz

SEC Reopens Comment Period for Pay-for-Performance Proxy Disclosure

Seyfarth Synopsis: Back in 2015, the U.S. Securities and Exchange Commission (“SEC”) issued proposed rules on the pay-for-performance disclosure required under the Dodd-Frank Wall Street Reform and Consumer Protection Act of… more

Comment Period, Disclosure Requirements, Dodd-Frank, Pay-for-Performance, Securities and Exchange Commission (SEC)

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Edward Karlin

SBA Posts Interim Final Rules Implementing Changes to First Draw and Second Draw Loans under the Paycheck Protection Program

On January 6, 2020, the Small Business Administration (“SBA”) issued its much anticipated Interim Final Rules (“IFR”) under the $2.3 trillion coronavirus relief and government funding act, the Economic Aid to Hard-Hit Small… more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Interim Final Rules (IFR)

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Mark Katzoff

Stay Compliant: Key Deadlines and Updates for EB-5 Integrity Fund Payments: What You Need to Know for FY 2023, 2024, and 2025

The EB-5 Reform and Integrity Act of 2022 (RIA) introduced significant requirements for designated EB-5 regional centers, one of the most notable being the annual payment into the EB-5 Integrity Fund. Beginning on October 1,… more

Deadlines, EB-5, EB-5 Regional Centers, Foreign Workers, Hiring & Firing

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Danielle Kays

GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

Seyfarth Synopsis: While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought… more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

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Emma Kazaryan

Washington Amends Employee Personnel File Access Laws

The Washington Legislature has passed a new law affecting employers’ obligations related to employee personnel files. The new law amends RCW 49.12.240 and 49.12.250 in four important ways… more

Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities, Employment Policies

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Julia Keenan

Florida’s Stop WOKE Act Is Set To Go Into Effect On July 1 – What Should Employers Do?

On July 1, 2022, the law Florida Governor Ron DeSantis labeled the “Stop the Wrongs to Our Kids and Employees,” or Stop WOKE (“Act”), is set to go into effect, amending Florida’s employment discrimination laws state wide. The… more

Employer Liability Issues, Employment Discrimination, Florida, Governor DeSantis, State and Local Government

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Christopher Kelleher

EEOC Puts High Tech Employers on High Alert Regarding Discrimination

Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued a report that should have high tech employers on high alert. According to the EEOC’s findings, analysis, and enforcement information, there are… more

Computer Software Workers, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination, Employment Litigation

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J. Patrick Kennedy

The CDC’s Nationwide COVID-19 Eviction Moratorium Has Been Put Down for the Count—Finally. So What Happens Next?

A mere three weeks after the application to vacate stay was filed, the United States Supreme Court has effectively ended the year-long row over the lawfulness of the federal Centers for Disease Control’s nationwide eviction… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

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Mary Kennedy

IRS Releases Increased HSA Limits for 2025

Seyfarth Synopsis: The IRS has announced increases to key limits for certain health and welfare benefit programs, including HSA contributions for 2025. The IRS recently released 2025 cost-of-living adjustments applicable to… more

Benefit Plan Sponsors, Contribution Limits, Employee Benefits, Employees, Health and Welfare Plans

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Leslie Kersey

Main Street Money for Nonprofits

The Federal Reserve Board (the “Fed”) recently released additional changes relating to the expansion of its Main Street Lending Program (the “Main Street Program”), which originally targeted small and medium-sized for-profit… more

CARES Act, Coronavirus/COVID-19, Eligibility, FRB, Main Street Lending Programs

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Kyllan Kershaw

Employers Facing 8(a)(1) Charges During Organizing Can Expect More Federal Injunction Proceedings

NLRB General Counsel Jennifer Abruzzo broadened the type of cases in which the NLRB will seek federal injunction proceedings through her General Counsel Memorandum 22-02 (Feb. 1, 2022), which issued earlier today. Section 10(j)… more

Employer Liability Issues, NLRA, NLRB, Unfair Labor Practices

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Emily Kesler

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Dov Kesselman

OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement… more

Americans with Disabilities Act (ADA), Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Yumna Khan

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Christy Kiely

The Federal Funding Freeze and its Effect on Health Equity Programs

A string of executive orders and an OMB memorandum from the Trump Administration left the status of almost all federal funding in a state of limbo. In particular, funding from the National Institutes of Health and for Health… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Diversity and Inclusion Standards (D&I), Executive Orders, Federal Funding

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David Kim

Legislative Update: Nearing the End of the Road (for 2023)

Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of which employment bills are before the Governor for consideration,… more

Anti-Discrimination Policies, Cal-OSHA, Cal-WARN, California, Civil Code

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Seong Kim

National Education Association Retirement Plan Gets Schooled On Withdrawal Liability Interest Rate Assumptions

Seyfarth Synopsis: Another court has found that actuaries who set discount rates for withdrawal liability purposes that are not based upon their “best estimate of anticipated experience” for investments under the plan—in this… more

Employee Benefits, Interest Rates, Retirement Plan, Withdrawal Liability

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Sul Ah Kim

2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our… more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), NLRB

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James King

FAQ - New Proclamation Suspending Entry of H-1B, L-1, J-1, and H-2B Nonimmigrant

Seyfarth Synopsis: President Trump issued a new entry ban directly affecting foreign nationals in H-1B, H-2B, J-1 and L-1 status. Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the… more

Coronavirus/COVID-19, Corporate Counsel, Foreign Nationals, Foreign Workers, H-1B

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Kayla King-Heyer

SJC Weighs in on Fiery Debate Over COVID-19 Vaccine Mandates

Seyfarth Synopsis: We may be past the height of the COVID-19 pandemic, but decisions from COVID-19 vaccine litigation have the potential to affect far more than pandemic-specific employment practices. The Massachusetts Supreme… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Infectious Diseases, Vaccinations

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Michael Kippins

Future Driven Forum Panelists Highlight Increasing Urgency for Investment in Electric Vehicle Infrastructure

On September 14, 2021, the Alliance for Automotive Innovation hosted a program entitled “Accelerating Electrification: Plugging In” through its Future Driven Forum. The program was moderated by John Bozzella – President & CEO… more

Automotive Industry, Electric Vehicles, Infrastructure

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Lisa Kirby Haines

5th Circuit Vacates FTC New Car Dealer Rule

On January 27, 2025, the Fifth Circuit handed new car dealers a significant win by invalidating the Combating Auto Retail Scams (CARS) Trade Regulation Rule issued by the Federal Trade Commission (FTC) in December 2023. In a 2-1… more

Administrative Procedure Act, Advanced Notice of Proposed Rulemaking (ANPRM), Automotive Industry, Car Dealerships, CARS Rule

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Daniel Klein

Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices

Employers must provide current employees with written notice of the 2025 contribution rates for the Massachusetts Paid Family and Medical Leave (PFML) program. Employees must receive notice of the 2025 contribution rates on or… more

Employee Benefits, Employees, Employer Liability Issues, Family Medical Leave, Notice Requirements

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Kelly Koelker

Wage and Hour Around The Corner: To Defer or Not to Defer: That is the Question Facing Lower Fed Courts and States After SCOTUS Decision in Loper Bright

Following the US Supreme Court’s decision in Loper Bright announcing the end of Chevron deference, lower federal courts have begun to apply the decision to uphold some federal wage-hour rules while striking down others; state… more

Chevron Deference, Employment Litigation, Fair Labor Standards Act (FLSA), Federal Labor Laws, Judicial Authority

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Taylor Kolb

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at… more

Enforcement Actions, Fashion Branding, Fashion Design, Fashion Industry, Intellectual Property Protection

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Yana Komsitsky

California Privacy Protection Agency (CPPA) Finally Voted to Adopt Much Debated Update to CCPA Regulations: What Your Business Should Know

On July 24, 2025, the California Privacy Protection Agency (“CPPA”) unanimously voted to adopt a package of Proposed Regulations for the California Consumer Privacy Act (“CCPA”), marking a significant development in California… more

Automated Decision Systems (ADS), Automation Systems, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Insurance Products

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Lindsay Konieczny

A Recap of Federal Loan Program Developments Affecting Commercial Real Estate

This week saw a plethora of activity to support federally related loan programs affecting commercial real estate. Below is a summary of the applicable guidance, announcements and proposed laws… more

CARES Act, Compliance, Coronavirus/COVID-19, Eviction, Fannie Mae

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Michael Kopp

Opt Ins are Out (of Luck) Appealing Decertification

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of first… more

Appeals, Class Action, Class Certification, Collective Actions, Decertify

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Peter Korda

HVCRE: Some Answers on the Horizon?

Since its implementation, the High Volatility Commercial Real Estate (HVCRE) rules have created certain questions and concerns for banks and borrowers alike in real estate lending transactions. Bi-partisan legislation (H.R… more

Banking Sector, Commercial Loans, Construction Industry, HVCRE Rule

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Namrata Kotwani

Will The ACA Case Now Before The Supreme Court Make It Harder For ERISA Fiduciary Breach Plaintiffs To Establish Standing?

On March 2, 2020, the United States Supreme Court granted certiorari in California v. Texas, No. 19-840, which appeals the decision of the Court of Appeals for the Fifth Circuit that struck down the individual mandate to the… more

Affordable Care Act, Article III, Breach of Duty, California v Texas, Certiorari

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Jennifer Kraft

Reproductive Health Care: A Future in Flux with the Next Administration

Access to reproductive health care has been a part of the national debate for years, and even more so since 2022 when the US Supreme Court issued its ruling in Dobbs overturning decades of precedent established under Roe v… more

Abortion, Compensation & Benefits, Employee Benefits, Employees, EMTALA

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Ronald Kramer

Changing Last Year’s Assumptions This Year: Gotcha or Copacetic?

Just before its summer recess, the Supreme Court agreed to review whether multiemployer pension funds can impose withdrawal liability based on actuarial assumptions adopted after the relevant plan year. The expected decision may… more

Certiorari, Compensation & Benefits, Employee Benefits, Employer Liability Issues, Financial Institutions

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Aselle Kurmanova

SBA Posts Interim Final Rules Implementing Changes to First Draw and Second Draw Loans under the Paycheck Protection Program

On January 6, 2020, the Small Business Administration (“SBA”) issued its much anticipated Interim Final Rules (“IFR”) under the $2.3 trillion coronavirus relief and government funding act, the Economic Aid to Hard-Hit Small… more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Interim Final Rules (IFR)

See all updates »

Jun Kwon

USDA Issues Final Rule Regulating Hemp Production

On January 15, the U.S. Department of Agriculture (USDA) published its final rule that provides regulations for the production of hemp in the United States. The final rule incorporates modifications to the interim final rule… more

Agricultural Sector, Final Rules, Hemp, Hemp Cultivation, USDA

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Robert Lafayette Jr.

Georgia Senate Bill 315 Will Change Georgia’s Lien Laws

On January 28, 2020, Senator Lindey Tippins introduced Georgia Senate Bill 315 (the “Lien Bill”), which, if enacted, will substantially change the way Georgia treats mechanics and materialmen lien claimants who furnish the… more

Construction Contracts, Construction Project, Legislative Agendas, Mechanics Lien, Waivers

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Christopher Lagno

Year-End Estate Planning for 2024

A record-breaking stock market has again generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer. Gifts and… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Latoya Laing

As The Workplace Is Evolving, New Federal Labor Laws May Be On The Horizon

As the workplace continues to evolve, lawmakers are poised to develop the labor laws of tomorrow. A new Democratic House Committee recently held a hearing to address the concerns of the ever-changing workplace… more

Corporate Counsel, Employee Definition, Employee Rights, Employer Liability Issues, Federal Labor Laws

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Karen Lam

Enforcing U.S. Judgments in the Far East: Where to Start?

You may have a judgment from a United States court against a Chinese company, and are about to contemplate the possibility of enforcing it in the far east. Prior to the commencement of your enforcement journey, perhaps you… more

Business Litigation, China, Contract Terms, Dispute Resolution, Enforcement Actions

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John Lambremont

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s Shadow Facebook Page

Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are… more

Binding Contractual Rules, Collective Bargaining Agreements (CBA), Employee Benefits, Facebook, Franchisee

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Caitlin Lane

Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we… more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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Joseph Lanser

How does Brexit Affect your European and UK Intellectual Property?

Now that the UK has voted to exit the European Union, you may be asking – “how does this affect our intellectual property rights in Europe and the UK.” The short answer – it has no immediate affect at all. Regarding… more

Community Designs, EU, European Patent Convention, European Patent Office, Intellectual Property Protection

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Anthony LaPlaca

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction industry… more

Anti-Harassment Policies, Construction Industry, Discrimination, Employees, Employer Liability Issues

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Richard Lapp

US DOL Issues Final Rule on Independent Contractor Status Under the FLSA

With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one… more

Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

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Daniel E. Larkin

Hotel Franchising in the Time of COVID-19

With hotel occupancies plunging to levels well below those seen in prior epidemics, wars and recessions, particularly in large cities, hotel and hospitality franchisors and franchisees are awake at night trying to deal with a… more

Business Interruption, Employer Liability Issues, Health and Safety, Hospitality Industry, Hotels

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Adam Lasky

Six Essential Tips for Identifying and Avoiding Conflicts of Interest in Government Contracting

In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six critical tips to help government contractors identify and avoid conflicts of interest. For contractors working… more

Conflicts of Interest, Cooperative Compliance Regime, Ethics, Federal Acquisition Regulations (FAR), Federal Contractors

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Christopher Laudenbach

OFCCP Issues Proposals to Rescind EO 11246 Regulations and Modify Section 503 and VEVRAA Regulations

On July 1, 2025, OFCCP published in the Federal Register a set of proposals to rescind the regulations implementing Executive Order 11246 and to modify the regulations implementing Section 503 of the Rehabilitation Act and… more

Affirmative Action, Americans with Disabilities Act (ADA), Deregulation, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Dustin Lauermann

FinCEN Narrows Scope of Corporate Transparency Act

On March 26, 2025, the Financial Crimes Enforcement Network’s (“FinCEN”) interim final rule (the “Interim Rule”) exempting domestic entities and U.S. persons from reporting beneficial ownership information (“BOI”) under the… more

Beneficial Owner, Business Entities, Comment Period, Corporate Transparency Act, Filing Deadlines

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Adam Laughton

CMS Issues Emergency COVID-19 Vaccination Mandate for Millions of Health Care Workers Across the Country

In a long-anticipated action, the Centers for Medicare & Medicaid Services (“CMS”) issued earlier today (November 4, 2021) emergency regulations requiring all eligible staff who work at health care facilities that participate… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Workers, Infectious Diseases

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Kristina Launey

Federal Trade Commission Orders accessiBe to Pay $1M For Misleading Claims Relating to Automated Website Accessibility Remediation Tool

The FTC issued a Decision and Order prohibiting accessibility plug-in/Widget vendor AccessiBe from making misleading claims and to pay $1 million… more

Advertising, Americans with Disabilities Act (ADA), Consent Order, Disability Discrimination, Enforcement Actions

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Fanny Laurans

IRS Clarifies the Federal Income and Employment Tax Treatment of Contributions to and Benefits Paid from State Paid Family and Medical Leave Programs

As mandatory State paid family leave and paid family and medical leave (collectively “PFML”) programs have significantly expanded and proliferated in recent years, participating employers and employees have been faced with a… more

Employee Benefits, Employees, Employer Contributions, Employer Liability Issues, Federal Taxes

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Bart Lazar

Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. The actual use of the derivative work is important as well, and it is… more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Intellectual Property Protection

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Paul Leaf

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are… more

Appeals, Appellate Courts, Arbitration, California, Employment Litigation

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Adrienne Lee

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction industry… more

Anti-Harassment Policies, Construction Industry, Discrimination, Employees, Employer Liability Issues

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Becki Lee

USPTO Updates Examination Guide for Proof of Trademark Use

As we reported in November 2019, the USPTO has been making significant revisions to its rules to combat an influx of fraudulent trademark filings. Some of the biggest rule changes last year were to specimen requirements… more

Intellectual Property Protection, New Guidance, Regulatory Requirements, Trademark Application, Trademark Registration

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Michael Lee

City of Long Beach Boosts Grocery Workers’ Pay

On January 19, 2021, the City of Long Beach adopted an ordinance requiring large grocery stores to pay an additional $4 per hour to certain grocery workers. The emergency ordinance, which is effective immediately, also requires… more

Employer Liability Issues, Grocery Store Workers, Local Ordinance, Wage and Hour

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Patty Lee

Edge of Our Seats: Oral Argument on “Suitable Seats” Cases

The countdown begins to receiving some clarity on the suitable seating rule from the California Supreme Court. On January 5, 2016, the Court heard oral argument in the consolidated matters of Kilby v. CVS Pharmacy, Inc. and… more

Business Judgment Rule, CA Supreme Court, Corporate Counsel, CVS, Employer Liability Issues

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Sean Lee

House Representatives Introduce Bipartisan Bill to Facilitate Residential Conversions of Buildings

On July 12, 2024, a bipartisan bill was introduced in the U.S. House of Representatives titled the “Revitalizing Downtowns and Main Streets Act” (H.R. 9002) (the “Bill”), which, if enacted, will provide an investment tax credit… more

Bipartisan Budget, Construction Project, Housing Developers, Housing Market, Investment Tax Credits

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Lauren Leibovitch

Ninth Circuit Seeks Guidance From California Supreme Court on Business to Business Non-Competes

The Ninth Circuit has certified questions to the California Supreme Court in Ixchel Pharma v. Biogen seeking guidance as to: 1) whether section 16600 of the California Business and Professions Code extends to contracts between… more

Biotechnology, Collaboration, Pharmaceutical Industry

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Lauren Leipold

Use of Floorplans in Real Estate Listings is Permissible Under U.S. Copyright Law

Floor plans are a key part of real estate listings, providing fundamental information about the layout of a building to prospective buyers or renters. But home designer Charles James and his company Designworks Homes, Inc. filed… more

Appeals, Architectural Copyrights, Copyright, Copyright Infringement, Copyright Litigation

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Gillian Lepore

If Pain (Or Anything Else), Yes Gain – Part 115: Chicago Enacts Novel Dual Paid Sick Leave / Paid Time Off Law

What You Need To Know: On November 9, 2023, the Chicago City Council passed a brand new “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance” (the “Ordinance”). The Ordinance is effective December 31, 2023, and will… more

City of Chicago, Employee Benefits, Employees, Labor Reform, Paid Leave

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Jules Levenson

Changing Last Year’s Assumptions This Year: Gotcha or Copacetic?

Just before its summer recess, the Supreme Court agreed to review whether multiemployer pension funds can impose withdrawal liability based on actuarial assumptions adopted after the relevant plan year. The expected decision may… more

Certiorari, Compensation & Benefits, Employee Benefits, Employer Liability Issues, Financial Institutions

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Amy Levin

BRACING for BREXIT - after the shock, what now?

To the shock of corporate Britain the UK voted last week, by 52% to 48%, to leave the European Union. Within hours of the referendum result the British Prime Minister David Cameron announced that he would be standing down some… more

Competition, EFTA, EMIR, EU, EU Market Abuse Regulation (EU MAR)

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Elizabeth Levy

Signs You Can’t Ignore If You’re Doing Business in California

California law is complicated. When doing business in California, it helps to get the small things right – like mandatory postings. Keep reading for the signs California employers must post in the workplace… more

Anti-Discrimination Policies, Cal-OSHA, California, Employee Benefits, Employee Rights

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Jing Li

Treatment of sovereign immunity under the laws of Hong Kong and mainland China

On 1 January 2024, Foreign State Immunity Law of The People’s Republic of China (“FSIL”) came into effect, changing and clarifying the position of sovereign immunity under the laws of Hong Kong and mainland China… more

Arbitration, China, Commercial Litigation, Hong Kong, International Arbitration

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Leo Li

Request For Employment Records? Don’t Trust; Verify!

Seyfarth Synopsis: Plaintiffs’ lawyers routinely invoke Labor Code provisions to conduct pre-litigation discovery by seeking employment records. For employers that scramble to comply with these often burdensome demands, we offer… more

Corporate Counsel, Discovery, Document Requests, Employer Liability Issues, Employment Litigation

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Wan Li

Practical Insights from China on the Newly Issued Provisions on Cross-Border Data Transfer

On March 22, 2024, following nearly six months after the publication of the Provisions on Promoting and Regulating Cross-border Data Flows (Draft for Solicitation of Comments), the Cyberspace Administration of China (“CAC”)… more

China, Data Protection, Employees, Human Resources Professionals, International Data Transfers

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Zheyao Li

Fluctuating Workweek Rule Becomes Final as Department of Labor Looks Forward to Return to Work

Seyfarth Synopsis: More than a decade after it was originally proposed, the U.S. Department of Labor’s Wage & Hour Division has finally promulgated a new rule concerning the fluctuating workweek (FWW) method of computing… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Fluctuating Workweek, Non-Exempt Employees

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Mark Lies

Safe Staffing Levels? OSHA and Legal Liabilities

OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe… more

Employee Rights, Employees, Employer Liability Issues, Federal Labor Laws, General Duty Clause

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Steven Lifson

IRS Repurposes Military and Disaster Relief For COVID-19 Deadline Extensions

Seyfarth Synopsis: On April 9, 2020, the IRS issued Notice 2020-23, extending federal tax filing deadlines and payment obligations to July 15, 2020 for certain items otherwise due to be performed from April 1, 2020 through July… more

Defined Contribution Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), ESOP, Filing Deadlines

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Rebecca Lim

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 3)

In Part 3 of our series, we’ll look at the standard of proof, the conduct of interviews, how each country aims to protect confidentiality and whistleblowers, and privacy… more

Asia, Australia, Confidentiality Agreements, Cross-Border, Data Privacy

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Ofer Lion

Demystifying the Corporate Transparency Act for Tax-Exempt Organizations – Part 2: CTA Compliance for Subsidiaries of Tax-Exempt Organizations

This article provides Corporate Transparency Act (CTA) guidance to tax-exempt organizations with subsidiaries. For a general overview of CTA compliance for nonprofit and tax-exempt organizations, please see Part 1: When to File… more

Beneficial Owner, Corporate Transparency Act, FinCEN, IRS, Reporting Requirements

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Katharine Litka

Long-Awaited Outbound Investment Program Finally Addressed

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national… more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, China, Comment Period

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Bradford Livingston

DOL Rescinds Its Persuader Rule

On July 17, 2018, the DOL rescinded its 2016 “persuader rule” — a controversial reinterpretation of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) that would have required employers and their consultants… more

Collective Bargaining, Department of Labor (DOL), Deregulation, Disclosure Requirements, Labor Relations

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Eric Lloyd

While Its Appeal Remains Pending, the DOL Rescinds Its Joint Employer Rule as Inconsistent with the FLSA

Seyfarth Synopsis: Today, the U.S. Department of Labor rescinded the final rule entitled “Joint Employment Status Under the Fair Labor Standards Act,” more commonly known as the Joint Employer Rule. This alert provides an… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Joint Employers, Wage and Hour

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Michael Lobie

7 Key Changes to the Qualified Opportunity Zone Incentive Under the One Big Beautiful Bill Act

On July 4, President Trump signed into law H.R. 1, the One Big Beautiful Bill Act (OBBBA), a sweeping 870-page piece of legislation that introduces significant changes across various areas of federal policy. While full… more

Internal Revenue Code (IRC), Investment, New Legislation, New Regulations, Opportunity Zones

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Thomas Locke

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,… more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Richard Loebl

A Matter of Trust – DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Brian Long

Oh, The Places The California Supremes Will Go!

Seyfarth Synopsis: With apologies to Dr. Seuss, we’ve penned an ode to the judicial chaos of the year just past, highlighted by three California Supreme Court decisions—Alvarado v. Dart Container Corp., Dynamex Operations v… more

ABC Test, Bonuses, CA Supreme Court, De Minimis Claims, Employer Liability Issues

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Gabriella Long

The Right to “Disconnect” for Employees

We have seen the benefits of technology in keeping us connected in the new remote working environment and the flexibility that it provides, but how does this impact employees’ ability to disconnect from their work?… more

Coronavirus/COVID-19, Email, Employment Policies, International Labor Laws, Remote Working

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Ian Long

No Shame in the Pay Reporting Game: Pay Transparency Senate Bill 1162 Abandons Public Disclosure Requirement

Seyfarth Synopsis: SB 1162, which may soon be signed into law, will require employers to report even more pay data to the California Civil Rights Department (f/k/a the Department of Fair Employment and Housing until July 1,… more

Disclosure Requirements, Employer Liability Issues, Reporting Requirements, State Labor Laws, Wage and Hour

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Alison Loomis

California Supreme Court Retroactively Penalizes Employers on Meal and Rest Breaks

Seyfarth Synopsis: The Supreme Court just held that employers, when calculating the premium pay due for failing to provide legally compliant meal and rest periods, must include all nondiscretionary payments—not just pay the… more

Bonuses, CA Supreme Court, California, Pay Rates, Rest and Meal Break

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Zaher Lopez

On Or Off-Duty, Meal Periods Must Be 30 Minutes

Seyfarth Synopsis: A California Court of Appeal has held that on-duty meal periods under IWC Wage Order No. 5 must be at least 30 minutes long. While the Court of Appeal’s ruling involved employees of 24-hour residential care… more

Appeals, Employer Liability Issues, Employment Litigation, Labor Law Violations, On-Duty Meal Period Waivers

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Lawrence Lorber

Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements… more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Stephen Lott

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Andrew Lucano

Texas Adopts Business-Friendly Amendments to Its Corporate Code—A Response to Delaware?

As states compete to become the preferred jurisdiction for incorporation, Texas has taken a bold step with significant amendments to its Texas Business Organizations Code. Following Delaware’s recent pro-management… more

Board of Directors, Business Codes, Business Entities, Business Judgment Rule, Corporate Governance

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Cheryl Luce

Keep On Truckin’: Strategies for Managing Wage and Hour Risks with Transportation Contractors After New Prime, Inc. v. Oliveira

Seyfarth Synopsis: In January, the Supreme Court unanimously ruled in New Prime Inc. v. Oliveira that the Federal Arbitration Act’s (“FAA” or the “Act”) exclusion for transportation workers engaged in interstate commerce applied… more

Appeals, Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Exceptions

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Dawn Lurie

TPS for Honduras, Nepal, Nicaragua Extended: The Ride Rolls On

In a major legal development, a federal judge in the Northern District of California has postponed the termination of Temporary Protected Status (TPS) for nationals of Honduras, Nepal, and Nicaragua. This decision, issued on… more

Administrative Procedure Act, Corporate Counsel, Department of Homeland Security (DHS), Employer Liability Issues, Employer Responsibilities

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Nicolas Lussier

NYC Council Proposes Broad Non-Compete Ban

Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for… more

City of New York, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Richard Lutkus

Litigation Outlook Blog Series: Cybersecurity

As the global pandemic begins to show signs of waning, cyber risk is showing no such easing. In fact, in a recent survey, over 68% of business leaders reported believing that their cybersecurity risks are increasing, despite… more

Cyber Attacks, Cybersecurity, Email, Hackers, Popular

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Weijia (Victoria) Ma

USCIS Again Increases Auto-Extended Work Permits for Certain EAD Renewals

U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from up to 180 days to… more

Auto-Renewal, Corporate Counsel, Employment Authorization Documents (EAD), Foreign Workers, Form I-9

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Tricia Macaluso

FinCEN Issues Further Guidance on Pausing CTA Compliance in Response to Supreme Court Ruling

January 24, 2025 Update: On January 24, FinCEN published updated reporting guidance in which it announced that reporting companies are not currently required to file beneficial ownership information with FinCEN despite the… more

Beneficial Owner, Business Ownership, Corporate Transparency Act, FinCEN, Regulatory Requirements

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Elizabeth MacGregor

Regular Rate Refresh: Calculating Overtime for California Employees

Seyfarth Synopsis: While paying employees in California is often a challenge, the regular rate of pay presents a minefield of different formulas for employers to navigate. From what amounts to include, to how the calculation… more

Bonuses, Corporate Counsel, Labor Regulations, Over-Time, Rate of Pay

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Tiffany Tran Madison

When Disaster Strikes: How Employers Should Respond to Wildfires

Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law… more

Air Quality Standards, Business Interruption, California Family Rights Act (CFRA), Emergency Management Plans, Employee Rights

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Alexander Madrak

TPS for Honduras, Nepal, Nicaragua Extended: The Ride Rolls On

In a major legal development, a federal judge in the Northern District of California has postponed the termination of Temporary Protected Status (TPS) for nationals of Honduras, Nepal, and Nicaragua. This decision, issued on… more

Administrative Procedure Act, Corporate Counsel, Department of Homeland Security (DHS), Employer Liability Issues, Employer Responsibilities

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Laura Maechtlen

OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline

The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS is… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases

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Sarah Magill

So, How Can Participants Invest Their Retirement Money?

Under the current administration, the Department of Labor has once again changed course on its view of permissible investing strategies for retirement plans, warming to crypto and private equity, and confirming their distrust of… more

401k, 403(b) Plans, Collective Investment Schemes, Compensation & Benefits, Cryptocurrency

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Stephanie Magnell

Court of Federal Claims Maintains Jurisdiction Over Other Transaction Agreement

Like the James Webb telescope expanding our understanding of the universe, the Court of Federal Claims (“COFC”), in Hydraulics International, Inc. v. United States (Fed. Cl., Aug. 8, 2022), expanded the government procurement… more

Bid Protests, Court of Federal Claims, Federal Acquisition Regulations (FAR), Federal Contractors, GAO

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Fiona Maguire

EU Corporate Sustainability Due Diligence Directive: Raising the Stakes on ESG Regulations

Game changing Environmental, Social, and Governance (“ESG”) regulations via the Corporate Sustainability Due Diligence Directive (“CS3D”) will require non-EU and EU companies to identify and prevent adverse environmental and… more

Due Diligence, Environmental Social & Governance (ESG), EU, Human Rights, Popular

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Kevin Mahoney

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Ameena Majid

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Scott Mallery

It’s An Election Year: Understanding Restrictions on Employer Actions Regarding Employee Political Activity

Seyfarth Synopsis: In six months, the U.S. presidential election will take place and inevitably employee views on the elections and election issues will make their way into the workplace. In yesterday’s highly polarized… more

Adverse Employment Action, Employee Rights, Employer Liability Issues, Employment Policies, Free Speech

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Christopher Malpartida

Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace Violence Plans

On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation… more

Employee Rights, Employees, Employer Liability Issues, Enforcement Guidance, Enforcement Priorities

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Edward Maluf

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,… more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Haley Manchon

Jingle Bells, Bed Bug Tells: New Bed Bug Disclosure Law Goes Into Effect December 22, 2024

Starting December 22, 2024, New York’s Real Property Law (RPL) will be amended to include requirements for residential landlords/lessors to inform their tenants of a bed bug infestation… more

Bedbugs, Disclosure Requirements, Landlords, New Regulations, New York

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Douglas Mancino

Net Operating Losses of Tax-Exempt Organizations with More Than One Unrelated Trade or Business

Since the enactment of the unrelated business income tax in 1950, section 512(b)(6)[1] and its predecessor allowed organizations subject to the unrelated business income tax (UBIT) to use the net operating loss (NOL) deduction… more

Corporate Taxes, IRS, Net Operating Losses, Tax Exempt Entities, Tax Planning

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Ingrid Manevitz

New York State Amends 2024 Bed Bug Disclosure Law

New York’s bed bug disclosure law, Real Property Law § 235-j, has been amended to provide landlords and lessors additional time to comply with the law’s disclosure requirements and to limit the tenants and lessees entitled to… more

Amended Regulation, Bedbugs, Disclosure Requirements, Landlords, New York

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Leon Mao

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 3)

In Part 3 of our series, we’ll look at the standard of proof, the conduct of interviews, how each country aims to protect confidentiality and whistleblowers, and privacy… more

Asia, Australia, Confidentiality Agreements, Cross-Border, Data Privacy

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Bret Marfut

Six Essential Tips for Navigating the Contract Claims Process in Government Contracting

In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement regulations… more

Appeals, Board of Contract Appeals, Claim Procedures, COFC, Contract Disputes

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Bridget Maricich

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was… more

ABC Test, Employee Definition, Employer Liability Issues, Employment Litigation, Independent Contractors

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Gregory Markel

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

See all updates »

Robyn Marsh

FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive

On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with… more

Employer Liability Issues, Enforcement Actions, Federal Trade Commission (FTC), Hiring & Firing, No-Hire/No-Solicitation Agreements

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Lili Martin-Mashburn

7 Key Changes to the Qualified Opportunity Zone Incentive Under the One Big Beautiful Bill Act

On July 4, President Trump signed into law H.R. 1, the One Big Beautiful Bill Act (OBBBA), a sweeping 870-page piece of legislation that introduces significant changes across various areas of federal policy. While full… more

Internal Revenue Code (IRC), Investment, New Legislation, New Regulations, Opportunity Zones

See all updates »

Andrew Masak

Send in the Drones: Transforming the Workplace through the Use of Drone Surveillance

Every day new stories about the uses (and misuses) of drones surface in the media. They have been used to: photograph the 2015 Winter X Games, assist in firefighting operations, monitor agricultural drought, monitor… more

Commercial Use, Discrimination, Drones, Employer Liability Issues, Popular

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Hillary Massey

Massachusetts Pay Data Reporting Deadline Almost Here – What do Employers Need to File?

The Massachusetts Executive Office of Labor and Workforce Development (EOLWD) has confirmed that employers subject to the new Massachusetts pay data reporting law will only have to submit their most recent EEO forms even though… more

Data Collection, Employer Liability Issues, Filing Deadlines, Gender-Based Pay Discrimination, Pay Data

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Mandana Massoumi

Navigating the New World of Work: Is Contracting on the Way Out?

Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies… more

Australia, Background Screening Services, Contractors, Employee Rights, Employer Liability Issues

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Paul Mattingly

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Eric May

FEHA Promotion Claims Accrue Upon Knowledge Of Denial, And Defendants Get Costs Only If Suit Was Groundless

Seyfarth Synopsis: Failure to promote claims brought under the Fair Employment and Housing Act accrue when the adversely affected employee knows, or reasonably should know, of the employer’s unlawful refusal to promote; and FEHA… more

Appeals, Employer Liability Issues, FEHA, Job Promotions

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Daniela Mayer

FY2026 H1B Cap Initial Registration Period Announced

USCIS has announced the H-1B CAP lottery registration period for FY2026. The registration period will be from March 7th to March 24th; USCIS will issue selection notifications by March 31st, allowing petitioners to file H-1B CAP… more

Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Amanda Mazin

Certain Per Diem Payments Increase The FLSA Regular Rate

Seyfarth Synopsis: The Ninth Circuit has held that a weekly per diem benefit paid by a healthcare staffing agency to its traveling clinicians is a wage that increases the employee’s regular rate used to calculate overtime pay… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Over-Time, Per Diem, Wage and Hour

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Meghan McBerry

Federal Court Issues Summary Judgment in Favor of Retail Defendant in Alleged Trade Secret Misappropriation of a CBD Cream Formula

A federal district court recently issued summary judgment in favor of a retail defendant in a trade secret misappropriation case involving the alleged misappropriation of a CBD cream formula. On September 3, 2020, Healthcare… more

Cannabidiol (CBD) oil, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation, Trade Secrets

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Edward McCaffery

Tax Reform Impact On Estate Taxes

This is the sixth issue in a planned series of alerts designed to provide an in-depth analysis on topics related to tax reform. Like all new things, new years typically welcome many changes, opportunities and new approaches… more

Estate Tax, Generation-Skipping Transfer, Income Taxes, New Legislation, State and Local Government

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Kathleen McConnell

CIPA’s Cookie Exception Bill (SB 690) Passes Senate, Proceeds to State Assembly

On June 3, 2025, the California Senate unanimously passed Senate Bill 690 (SB 690), a bill that seeks to add a “commercial business purposes” exception to the California Invasion of Privacy Act (CIPA)… more

California, California Consumer Privacy Act (CCPA), CIPA, Data Collection, Data Privacy

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Ryan McCoy

Wage and Hour Around the Corner: From Zoom to Room Staying on Solid Legal Grounds with a Remote Staff or an Office Return

The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes… more

Americans with Disabilities Act (ADA), Compensation & Benefits, Coronavirus/COVID-19, Employee Rights, Employees

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Chelsea McCue

President Trump Signs SECURE Act into Law

As part of the year-end government funding legislation, on December 20th, President Trump signed into law the Setting Every Community Up For Retirement Enhancement Act of 2019 (the “SECURE Act” or the “Act”). The Act contains a… more

401k, 403(b) Plans, Compensation & Benefits, Distribution Rules, Employee Benefits

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Esther Slater McDonald

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

See all updates »

Helen McFarland

Washington Amends EPOA, Bringing More Balance to Employer Job Posting Obligations

On May 20, 2025, Governor Bob Ferguson signed Substitute Senate Bill 5408 (SSB 5408), enacting important amendments to the Washington Equal Pay and Opportunities Act (EPOA). The EPOA has been a hot topic in Washington after… more

Amended Legislation, Damages, Disclosure Requirements, Employer Responsibilities, Hiring & Firing

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Condon McGlothlen

You’ve Been WARNed: Washington Enacts a mini-WARN Law

The new law applies to employers with 50+ employees (excluding part-time workers) and mirrors many federal WARN Act provisions, with some notable distinctions… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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James McGrath

Trump Rescinds California’s Emission Waivers: What It Means for the Future of EV Mandates - Seyfarth's Future of Automotive Series

On June 12, 2025, President Trump delivered on his promise to ease the aggressive push led by California and other states to mandate a transition to electric vehicles. At a White House signing ceremony, Trump signed three… more

Automotive Industry, California, Climate Action Plan, Congressional Review Act, Constitutional Challenges

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Kristin McGurn

The Federal Funding Freeze and its Effect on Health Equity Programs

A string of executive orders and an OMB memorandum from the Trump Administration left the status of almost all federal funding in a state of limbo. In particular, funding from the National Institutes of Health and for Health… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Diversity and Inclusion Standards (D&I), Executive Orders, Federal Funding

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Elizabeth McKee

Trump Administration Implements Extreme Vetting Measures For Certain Visa Applicants Requiring Detailed Travel History And Social Media Information

Seyfarth Synopsis: The U.S. Department of State has recently issued a new supplemental questionnaire that will enable officers at U.S. Consulates and Embassies to carry out enhanced and burdensome screenings of certain… more

Foreign Nationals, Immigrants, Immigration Procedures, Immigration Reform, Social Media

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Michael McKeeman

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract… more

Claim Procedures, Construction Contracts, Construction Defects, Construction Litigation, Contractors

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Andrew McKinley

Taking a Slice Out of Parker: District Court Rejects Sixth Circuit’s Reimbursement Standard for Pizza Delivery Drivers

In March 2024, the Sixth Circuit in Parker v. Battle Creek Pizza, Inc. announced a new standard for assessing vehicle reimbursements under the FLSA. The Sixth Circuit rejected both employees’ requests for the use of the IRS rate… more

Delivery Drivers, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Federal Labor Laws, IRS

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Ellen McLaughlin

How A Facebook Messenger Chat Can Become a “Usual and Customary” FMLA Notice Procedure For a Company

Seyfarth Synopsis: In a recent ruling, Roberts v. Gestamp (Decided August 15, 2022), the Fourth Circuit reversed, in part, the lower court’s decision to grant the Company’s motion for summary judgment on the grounds that the… more

Employer Liability Issues, Family and Medical Leave Act (FMLA), Hiring & Firing, Termination, Wage and Hour

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Everett McLean, II

Governor Orders Extra Cheddar For Fast Food Employees

Seyfarth Synopsis: California has increased the minimum wage of fast food workers to $20, and authorized the creation of the Fast Food Council comprised of representatives from labor and management to set minimum standards for… more

California, Employees, Employer Liability Issues, Fast-Food Industry, Food Service Workers

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Andrew McNaught

Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims

Seyfarth Synopsis: Qualified immunity did not supply a Pennsylvania judge with a get out of jail free card, the Third Circuit concluded, holding that sexual harassment and retaliation in the workplace violate clearly established… more

Equal Protection, First Amendment, Qualified Immunity, Sexual Harassment

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Christina Forte Meddin

Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements… more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Jon Meer

Nike Prevails On Bag Check Case

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to require… more

Class Action, Corporate Counsel, Employer Liability Issues, Employment Litigation, Nike

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Alex Meier

Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could… more

Employees, Employer Liability Issues, Employment Contract, Federal Labor Laws, Intellectual Property Protection

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Steven Meier

7 Key Changes to the Qualified Opportunity Zone Incentive Under the One Big Beautiful Bill Act

On July 4, President Trump signed into law H.R. 1, the One Big Beautiful Bill Act (OBBBA), a sweeping 870-page piece of legislation that introduces significant changes across various areas of federal policy. While full… more

Internal Revenue Code (IRC), Investment, New Legislation, New Regulations, Opportunity Zones

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Roy Meilman

Final Regulations Clarify and Liberalize Many Rules Governing Qualified Opportunity Fund Formation and Operations

Seyfarth Synopsis: On December 19, 2019, the U.S. Treasury issued final Qualified Opportunity Zone regulations (the “Final QOZ Regulations”). Subject to the commentary in the Preamble to the Final QOZ Regulations on circular… more

Anti-Abuse Rule, Capital Gains, Community Development, Construction Project, Economic Development

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Michelle Mellinger

OFCCP Issues Proposals to Rescind EO 11246 Regulations and Modify Section 503 and VEVRAA Regulations

On July 1, 2025, OFCCP published in the Federal Register a set of proposals to rescind the regulations implementing Executive Order 11246 and to modify the regulations implementing Section 503 of the Rehabilitation Act and… more

Affirmative Action, Americans with Disabilities Act (ADA), Deregulation, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Katherine Mendez

Blog Series – Managing a Future Tele-Workforce

Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, Employee Monitoring, Employer Liability Issues

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Michael Merar

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Danita Merlau

Businesses Seek to Provide Abortion Travel Benefits in Light of Potential Supreme Court Decision

Seyfarth Synopsis: In light of recent state-level trends, businesses have begun exploring avenues to assist employees in states with restrictive abortion laws with travel to nearby states to receive abortion services. In… more

Abortion, Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Savings Accounts

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Gina Merrill

Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage

Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class… more

Adverse Employment Action, Class Action, Class Certification, Commonality, Employment Litigation

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Dawn Mertineit

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Chelsea Mesa

New Year’s Resolution: Update Your Employee Handbook

Seyfarth Synopsis: Every year California enacts a host of new laws that mean even the most diligent employers need to give their handbooks and policies a review and make sure they are up to date with the latest developments… more

Bereavement Leave, California Family Rights Act (CFRA), Employee Handbooks, Employer Liability Issues, Employment Policies

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Lori Meyers

Recent Changes To The Workers’ Compensation Board’s Interpretations Of New York Paid Family Leave Deductions And Voluntary Coverage

Seyfarth Synopsis: The Board has recently revised its interpretation of two key provisions of the New York Paid Family Leave (“PFL”) Law: First, by allowing employers to use the employee’s weekly wage as opposed to the average… more

Paid Family Leave Law, Paid Leave, State Labor Laws, Wage and Hour, Wage Deductions

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Thomas Michaelides

Consolidated Appropriations Act, 2021—Key Provisions Affecting the Real Estate Industry

Seyfarth Synopsis: On December 21, 2020, Congress passed the $2.3 trillion Consolidated Appropriations Act, 2021, H.R. 133 (the “Act”), which combined the $1.4 trillion omnibus spending bill for the 2021 federal fiscal year with… more

Chapter 13, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Eviction, Federal Grants

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Brian Michaelis

Taste the Rainbow of Sanctions – Cannabis Company Violates Skittles Permanent Injunction

What happens when a party attempts to sidestep the strict guidelines of a court order? A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire. Wm. Wrigley Jr. Company v… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Contempt, Enforcement Actions, Injunctions

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Barry Miller

Massachusetts Pay Data Reporting Deadline Almost Here – What do Employers Need to File?

The Massachusetts Executive Office of Labor and Workforce Development (EOLWD) has confirmed that employers subject to the new Massachusetts pay data reporting law will only have to submit their most recent EEO forms even though… more

Data Collection, Employer Liability Issues, Filing Deadlines, Gender-Based Pay Discrimination, Pay Data

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Emily Miller

EEOC Releases Draft Enforcement Guidance on Workplace Harassment and Invites Comment

Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal… more

#MeToo, Anti-Discrimination Policies, Corporate Counsel, Employees, Employer Liability Issues

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Jesse Miller

Belay that Order! Supreme Court To Relook FAA’s Denial of Differential Pay to Coast Guard Reservist

On June 24, 2024, the U.S. Supreme Court granted certiorari in the case of Feliciano v. Department Of Transportation. The Supreme Court will review the Federal Circuit’s decision affirming the Merit Systems Protection Board’s… more

Active Duty, Certiorari, Coast Guard, Eligibility Determination, Employment Litigation

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Katelyn Miller

Webinar Recap! Enforcement of Non-Competes: Increasing Difficulty Depending on State

In Seyfarth’s fourth installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Kristine Argentine, Eric Barton, and Katelyn Miller focused on the enforcement of non-competes and how the difficulty of enforcement… more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

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Kyla Miller

Reminder: Looming June 30, 2023 Sexual Harassment Training Deadlines for Chicago Employers

Seyfarth Synopsis: Employers must ensure their employees complete required sexual harassment training by June 30, 2023 pursuant to the City of Chicago Human Rights Ordinance which was amended last year and imposed new… more

#MeToo, Employee Training, Employer Liability Issues, Labor Reform, Local Ordinance

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Robert Milligan

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Marcus Mintz

Wyoming Bans Most Non-Compete Agreements Starting July 1, 2025

Wyoming, with the introduction of Wyo. Stat. §1-23-108, banned most non-compete agreements for contracts signed on or after July 1, 2025, but with several meaningful exceptions… more

Acquisition Agreements, Contract Drafting, Contract Terms, Employee Rights, Employment Contract

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Kamran Mirrafati

How the Latest NLRB Guidance Helps Employers Resolve Disputes

Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also… more

Corporate Counsel, Dispute Resolution, Employees, Employer Liability Issues, Employer Responsibilities

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Cynthia Mitchell

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

See all updates »

Rebecca Mitchell

New Charlotte Ordinance Expands Employment Non-Discrimination Protections

Seyfarth Synopsis: On August 9, 2021, the Charlotte City Council voted unanimously to expand the protections under the City’s non-discrimination ordinance to include additional protected categories… more

Employer Liability Issues, Employment Discrimination, Local Ordinance, Non-Discrimination Rules

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Vy'Shaey Mitchell

Trust But Verify: Conduct Your Own Investigation Before Termination

Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated its… more

Disability Discrimination, Employer Liability Issues, Employment Litigation, Hiring & Firing, Termination

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Matthew Moersfelder

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

See all updates »

Dena Moghtader

Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate Claim

In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to accommodate—without… more

Americans with Disabilities Act (ADA), Appeals, Bad Faith, Delay Claims, Disability Discrimination

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Shamim Mohandessi

FinCEN Reinstates BOI Reporting Under the Corporate Transparency Act

Following the February 18, 2025 ruling by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., the beneficial ownership information (BOI) reporting requirements… more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, Filing Deadlines, Filing Requirements

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Molly Mooney

First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales… more

Compensation & Benefits, Employer Liability Issues, Employment Litigation, MA Supreme Judicial Court, Sales Commissions

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Danielle Moore

50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA… more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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Paxton Moore

NY Anti-Discrimination Laws Now Protect Non-Resident Job Applicants

New York’s highest court, settling a long-standing question dividing state and federal courts, has held that the New York State and City anti-discrimination statutes apply to non-residents who apply for jobs that would be based… more

Anti-Discrimination Policies, Employees, Employer Liability Issues, Hiring & Firing, Human Rights

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Jennifer Mora

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical… more

Adverse Employment Action, Americans with Disabilities Act (ADA), Conditional Job Offers, Department of Transportation (DOT), Disability Discrimination

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Ilana Morady

Cal/Osha’s Proposed Revisions to Its Draft Workplace Violence Prevention Regulation

On May 13, 2025, Cal/OSHA released a new discussion draft of its proposed regulation on Workplace Violence Prevention in General Industry. This latest version updates the July 15, 2024 draft we previously blogged about, and… more

Cal-OSHA, California, Employee Rights, Employees, Employer Liability Issues

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Daphne Morduchowitz

SEC Proposes Sweeping New Cybersecurity Rules: Is Your Company Prepared?

On March 15, 2023 the Securities and Exchange Commission (“SEC”) proposed three new sets of rules (the “Proposed Rules”) which, if adopted, would require a variety of companies to beef up their cybersecurity policies and data… more

Cybersecurity, Data Management, Data Protection, Data Security, Popular

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Josie Morello

Canada - COVID Update June 2021

The Government of Canada has announced measures aimed at easing current border measures for travelers entering Canada. Beginning July 5, 2021 at 11:59 p.m. EDT, fully vaccinated travelers who are permitted to enter Canada will… more

Canada, Coronavirus/COVID-19, Infectious Diseases, International Travel, Public Health

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Grayson Moronta

Proposed New Jersey Bill Would Lower Harassment Standard and Mandate Anti-Harassment Policy and Training

Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report… more

Anti-Harassment Policies, Employee Rights, Employee Training, Employer Liability Issues, Employment Policies

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Ian Morrison

Split Decisions on Standing: Courts Diverge on Pension Risk Transfer Class Actions

Two courts. Two opposite rulings. One critical question: Do plaintiffs have standing to challenge pension risk transfers under ERISA?… more

Article III, Class Action, Employee Benefits, ERISA Litigation, Fiduciary Duty

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E. Scott Morvillo

Updated SFO Guidance: Familiar Framework, Sharper Focus—Timing Is Everything

The Serious Fraud Office (SFO) is raising the stakes. With the publication of new Co-operation and Enforcement Guidance on 24 April 2025, the agency is ramping up enforcement and clarifying expectations for corporate engagement… more

Anti-Corruption, Cooperation, Corporate Crimes, Corporate Liability, Deferred Prosecution Agreements

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Richard Morvillo

SDNY Breaks with Tradition in New Whistleblower Pilot Program

As usual, the U.S. Attorney’s Office for the Southern District of New York (the “SDNY”) is on the hunt for fraudsters and other white collar criminals. Though the Department of Justice has rewarded corporations for… more

Corporate Misconduct, Financial Institutions, Fraud, Jurisdiction, Pilot Programs

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Katherine Moskop

New York Joins States Permitting Dealers To Claim Warranty Reimbursement Using Third Party Labor Time Guides - Seyfarth's Future of Automotive Series

On September 4, 2024, New York Gov. Kathy Hochul signed into law an amendment to New York’s warranty reimbursement statute, N.Y. Veh. & Traf. Law § 465, requiring manufacturers to compensate dealers for labor using the… more

Auto Repair Regulations, Commercial Litigation, Dealers, New York, OEM

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Gretta Moy

Oregon Law Limits Lender Enforcement Actions Against Borrowers

Oregon’s House Bill 4204 (the “Statute”) was signed into law on July 7, 2020, by Governor Kate Brown. The Statute imposes certain limitations on a lender’s right to undertake enforcement action against a borrower on loans… more

Borrowers, Enforcement Actions, Financial Services Industry, Lenders, Mortgages

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Mick Moy

How might multi-employer bargaining spread through resources sector and beyond?

On 20 March, we published the first in this two-part series about the legal developments being watched closely by resource sector businesses in 2025 that could significantly impact their labour strategies. With margins… more

Australia, Collective Bargaining, Employees, International Labor Laws, Labor Reform

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Gabriel Mozes

USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration… more

Department of Homeland Security (DHS), Employees, Final Rules, Foreign Workers, H-1B

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Patrick Muffo

M&A Checklist — How to Prepare Your IP for the Legal Due Diligence Process

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. But any company preparing to sell within the… more

Acquisition Agreements, Corporate Sales Transactions, Due Diligence, Intellectual Property Protection, IP License

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Mackenzie Mullin

Olympic Sized Wages: LA City Council Takes Next Steps on “Olympic Wage” Ordinance

The 2028 Los Angeles Olympics is already bringing change to the city. On December 11, 2024, the Los Angeles City Council voted 12-3 to approve a draft ordinance to amend the Living Wage Ordinance and the Hotel Worker Minimum… more

City of Los Angeles, Employee Benefits, Employer Liability Issues, Hospitality Industry, Labor Reform

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Edward Murphree

And the Wait for CCPA Rules is Over …. Kind Of

Attorney General Becerra’s office posted the long-awaited draft CCPA regulations a little before 2:00 pm (PST) October 10th. It was a bit of a curve ball, to be perfectly honest (considering the final swath of amendments to the… more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management

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Deirdre Murphy

UK Immigration: Government Publishes Details of New Points Based System

Seyfarth Synopsis: The UK government has published a policy statement outlining the new Points Based System that will come into effect in January 2021 after the post-Brexit transition period ends… more

Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Ellen Murphy

Updated SFO Guidance: Familiar Framework, Sharper Focus—Timing Is Everything

The Serious Fraud Office (SFO) is raising the stakes. With the publication of new Co-operation and Enforcement Guidance on 24 April 2025, the agency is ramping up enforcement and clarifying expectations for corporate engagement… more

Anti-Corruption, Cooperation, Corporate Crimes, Corporate Liability, Deferred Prosecution Agreements

See all updates »

Heather Murray

FTC Touts Refined Approach to Data Security Enforcement

Synopsis: On January 6, 2020, Andrew Smith, director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined in a blog post the agency’s new approach to data security orders. The agency implemented this… more

C-Suite Executives, Corporate Counsel, Corporate Governance, Cyber Attacks, Cybersecurity

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Verity Musselwhite Steel

UK Labor Law – Legislation For Proposed Significant Reforms Unveiled

The UK’s new Labour government published its highly anticipated Employment Rights Bill last week. In total, the draft Bill contains 28 stand-alone employment law reforms (including many of the changes that we outlined in our… more

Employee Benefits, Employee Rights, Employer Liability Issues, Flexible Work Arrangements, Gender-Based Pay Discrimination

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Joseph Myers, III

The District of Columbia Court of Appeals’ Recent Significant Legal Precedent Carries Implications for Standards Organizations

In American Society for Testing and Materials (ASTM), et al. v. Public.Resource.Org, Inc. (PRO), 82 F.4th 1262 (D.C. Cir. 2023), the plaintiffs, ASTM, National Fire Protection Association (NFPA), and American Society of Heating,… more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Intellectual Property Protection

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Yoon-Woo Nam

(Smart)Watch Out! The EEOC’s Take on Wearable Tech

On December 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) published a new fact sheet titled “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws.”… more

Americans with Disabilities Act (ADA), Civil Rights Act, Data Collection, Disability Discrimination, Employee Tracking

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John Napoli

US Treasury Proposes Regulations Addressing the New Holding Period for Partnership Profits Interests

Seyfarth Synopsis: On July 31, 2020, the US Department of Treasury (“Treasury”) published long-awaited proposed Treasury regulations (the “Proposed Regulations”) that provide detailed guidance on the new Code Section enacted by… more

Capital Gains, Disclosure Requirements, Dividends, Internal Revenue Code (IRC), IRS

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James Nasiri

EEOC Case Filings Plummet: A Look at the EEOC’s Surprisingly Sluggish FY 2024

Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its Democratic… more

ADEA, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Employees, Employer Liability Issues

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Nick Neil

A puzzle for employers: the future of work health and safety laws in Australia

The last several months have seen rapid changes in the employment and workplace health and safety space. With such dynamic movement, and then lots of commentary on each of these changes, it’s easy to view all these changes as… more

Australia, Employer Liability Issues, Employer Responsibilities, Health and Safety, International Labor Laws

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Kyle Nelson

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme… more

Department of Labor (DOL), Employees, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Melissa Nelson

District of Columbia Coronavirus Omnibus Emergency Amendment Act of 2020: Tenant-Friendly Legislation and the Introduction of Remote Notarization

Seyfarth Synopsis: Mayor Muriel Bowser (the “Mayor”) continues to take action to address various concerns brought on by the ongoing COVID-19 pandemic… more

Coronavirus/COVID-19, Eviction, Landlords, Notarization, On-Demand Services

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Scott Nelson

Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability

Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations… more

Duty of Care, Employer Liability Issues, Employment Litigation, Joint Employers, OSHA

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Ryan Newbrough

Corporate Transparency Act

On January 1, 2021, the National Defense Authorization Act for Fiscal Year 2021 (the "Defense Bill") was enacted into law. The Defense Bill includes the Corporate Transparency Act (the "CTA"), which creates a beneficial… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

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James Newland

Supreme Court Confirms Automatic Stay When Motions to Compel Arbitration are Denied

The U.S. Supreme Court’s June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of… more

Arbitration, Arbitration Agreements, Automatic Stay, Coinbase, Coinbase Inc v Bielski

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Stuart Newman

National Labor Relations Board Proposed New Joint-Employer Rule

Seyfarth Synopsis: The National Labor Relations Board (NLRB or Board) announced that it will publish a Notice of Proposed Rulemaking in the Federal Register regarding its standard for assessing whether a joint-employer… more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Hiring & Firing

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Lisa Lehmann Nichols

Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About Employer Speech

On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy Silk… more

Administrative Law Judge (ALJ), Cemex, Employee Rights, Employer Liability Issues, Employment Litigation

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Philippa Noakes

The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores… more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Robert Nobile

New York State Issues Updated Model Sexual Harassment Prevention Policy

Seyfarth Synopsis: New York State released a revised model sexual harassment policy highlighting a lower legal threshold for conduct to constitute sexual harassment under the New York Human Rights Law and emphasizing through… more

Anti-Harassment Policies, Employee Rights, Gender Discrimination, Labor Reform, LGBTQ

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Alexia Noble

IRS Announces 2021 Limits for Certain Health and Fringe Benefit Options

Seyfarth Synopsis: The IRS has announced the adjustments to key limits for certain health and welfare benefit programs, including HDHP deductibles, HSA and FSA contributions, and other fringe benefit options for 2021… more

Contribution Limits, Employee Benefits, Flexible Savings Accounts (FSAs), Fringe Benefits, HDHP

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William Norden

Year-End Estate Planning for 2024

A record-breaking stock market has again generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer. Gifts and… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Jeffrey Nordlander

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have… more

Appeals, Article III, California, Employee Rights, Employees

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Ted North

How to Comply with Prevailing Wage and Apprenticeship Requirements Under the IRA

Under the Inflation Reduction Act, employers claiming the available tax credits must pay Davis-Bacon prevailing wages, and meet certain apprenticeship requirements, to claim enhanced tax credits. As eligible projects take shape… more

Apprenticeships, Construction Project, Construction Workers, Davis-Bacon Act, Department of Labor (DOL)

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Jennifer Nunez

Don’t Play That Funky Music — The Music Might Be Harassing

Seyfarth Synopsis: A Ninth Circuit opinion has held that music with sexually derogatory and violent content might give rise to a claim for discrimination based on sex even if the music offends both men and women. Sharp, et al v… more

Civil Rights Act, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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James O'Brien

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Meagan Sue O'Dell

The Ultimate Scapegoat: COVID Inspired Lawsuits in California

Seyfarth Synopsis: As employers expected, the pandemic has brought new challenges to managing a workforce, and of course, new litigation. Here we address hotspots of COVID-19 litigation in California to help employers know where… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Families First Coronavirus Response Act (FFCRA)

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Kristen O'Hanlon

COVID-19 Vaccine Passports: The Fast Lane to the Resumption of International Business Travel?

The norm of international travel has been materially disrupted by the COVID-19 pandemic. However, with the commencement of the worldwide rollout of COVID-19 vaccines, growing interest in COVID-19 Vaccination Passports, and the… more

Coronavirus/COVID-19, Infectious Diseases, International Travel, Vaccinations

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Lorraine O'Hara

Colorado Peculiarities

Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law… more

Anti-Discrimination Policies, Colorado, Disability Discrimination, Employee Rights, Employees

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Bryan O'Keefe

Voided: The NLRB Adopts a Bright-Line Approach to Dual-Marked Ballots

Seyfarth Synopsis: In a move that will provide clarity to both unions and employers, the National Labor Relations Board in Providence Health & Services – Oregon d/b/a Providence Portland Medical Center, 369 N.L.R.B. No. 78 (May… more

Ballots, Labor Relations, NLRB, Popular, Union Elections

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Bernard Olshansky

New York Releases FAQs, Model Training, and Model Policy for Retail Workplace Violence Prevention Law

A workplace violence prevention law passed by the New York State legislature in June 2024, signed into law by the Governor in September 2024, and amended in February 2025 is set to take effect in part on June 2, 2025. On May… more

Employee Rights, Employee Training, Employees, Employer Liability Issues, Employer Responsibilities

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Camille Olson

Supreme Court Rejects Heightened Prima Facie “Background Circumstances” Test for Majority Group Plaintiffs

In a unanimous decision, the Supreme Court vacated the dismissal of a heterosexual woman’s Title VII claims, concluding that she was improperly subjected to a heightened prima facie standard that required her to show “background… more

Ames v Ohio Department of Youth Services, Appeals, Disparate Treatment, Employees, Employment Discrimination

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Jeryl Olson

Going Digital: New E-Manifest Requirements Effective January 22, 2025

Effective yesterday, the third and final update to USEPA's e-Manifest rules require all Large Quantity Generators (LQGs) and Small Quantity Generators (SQGs) to register in the e-Manifest module, replacing hard paper copies… more

Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Hazardous Waste

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Melissa Ortega

Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference

This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission,… more

American Bar Association (ABA), Americans with Disabilities Act (ADA), Department of Labor (DOL), Employees, Employer Liability Issues

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Joseph Orzano

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Jacob Oslick

Pennsylvania COVID Update: Philadelphia Among First to Reinstitute Masks for Indoor Businesses

On Wednesday morning, August 11, 2021, the City of Philadelphia announced that, effective Thursday, August 12, it is reinstituting a mask mandate for all indoor businesses, unless the business otherwise requires proof of… more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Personal Protective Equipment

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David Ostern

New York Bill Aiming to Protect Organized Labor Seeks to Overstep the Purpose and Scope of the NLRA and NLRB

On Tuesday, June 17, 2025, the New York State Assembly overwhelmingly approved A8590 / S8034 by a vote of 128-14. This bill, which now heads to Governor Kathy Hochul’s desk, aims “[t]o make sure employees still receive… more

Constitutional Challenges, Employee Rights, Employees, Federal Labor Laws, Government Agencies

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Robert Over

Washington Now Has an Income Tax

The Washington State Supreme Court ruled on March 24, 2023 that the state’s new capital gains tax is constitutional in a landmark decision that will forever change the battle on how to make Washington’s tax system more… more

Capital Gains Tax, Income Taxes, State and Local Government, State Taxes, WA Supreme Court

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Andrew Overway

SECURE Act 2.0: Hold My Beer

Seyfarth Synopsis: The SECURE Act, passed just before the onset of the COVID-19 pandemic at the end of 2019 (“SECURE 1.0”), significantly altered the retirement plan landscape. For a reminder on how the SECURE Act changed the… more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Retirement

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Peter Oxman

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Alex Oxyer

In Precedent Setting Ruling, Texas Federal Court Dismisses Employees’ Wrongful Termination Suit Regarding Refusal To Receive COVID-19 Vaccine

Seyfarth Synopsis: In a recent case out of the U.S. District Court for the Southern District of Texas, the Court dismissed wrongful termination and violation of public policy claims brought by employees refusing an employer’s… more

Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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Stacy Paek

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Kathryn Christine Palamountain

Texas Issues Order Prohibiting Private Business Vaccine Mandates Without Broad Exemptions

Seyfarth Synopsis: Texas Governor Greg Abbott has issued an Executive Order prohibiting public and private employers from requiring employees or customers to receive the COVID-19 vaccine if such individuals object for “any… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Governor Abbott, Infectious Diseases

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Andrew Paley

PAGA Paraphrased – Williams v. Alacrity Solutions Group, Inc.

PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component, failure… more

Appeals, Arbitration, California, Employee Rights, Employment Litigation

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Christopher Palmese

Understanding Local Law 97 (LL 97): Frequently Asked Questions and Answers

What is LL 97? - New York City’s LL 97 is part of a package of laws referred to as the Climate Mobilization Act, intended to be New York City’s own “Green New Deal.” At its core, LL 97 caps the amount of greenhouse gas… more

Condominiums, Greenhouse Gas Emissions, Local Ordinance

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Angelo Paparelli

Settlement Agreement Clarifies Rights and Duties of EB-5 Regional Centers

Following the March 15, 2022 enactment of the EB-5 Reform and Integrity Act of 2022 (the “Integrity Act” or “RIA”), United States Citizenship and Immigration Services (“USCIS”), a component agency of the Department of Homeland… more

EB-5, EB-5 Regional Centers, Investors, USCIS

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Maria Papasevastos

Update: Governor Murphy Signs NJ Pay Transparency Legislation

On November 18, 2024, Governor Murphy signed into law pay transparency legislation, Senate Bill 2310, which will require employers to include a pay range in job postings and provide notice of promotional opportunities to current… more

Employees, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

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Steven Paradise

Event-Driven Securities Litigation in the Age of COVID-19

Seyfarth Synopsis: The COVID-19 pandemic has already spurred several private securities class action lawsuits and Securities and Exchange Commission (“SEC”) enforcement actions. Companies that deal with COVID-19 on a daily… more

Business Disruption, Carnival Cruise Lines, Coronavirus/COVID-19, Cruise Ships, Pharmaceutical Industry

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Kirsten Parris

10 New Bills Go Into Effect in July for Washington State Employers

In its 2025 regular session, the Washington State Legislature passed 10 bills impacting employers that will come into effect this year. These legal changes affect compliance obligations, employee benefits, and protections… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Lauren Parris Watts

Court of Appeals Issues New Ruling On Penalties For Missed Breaks, New Filings Increasing

On September 30, 2024, the Washington State Court of Appeals (Division I) issued a new opinion, Androckitis v. Virginia Mason Medical Center, 556 P.3d 714 (2024), addressing the appropriate penalties for an employee who misses a… more

Employees, Employer Liability Issues, Employment Litigation, Filing Requirements, Penalties

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Puya Partow-Navid

California’s AI Law Has Set Rules for Generative AI—Are You Ready

Starting January 1, 2026, California’s AI Transparency Act (SB 942) goes into effect, marking the first law in the U.S. to require built-in disclosures and detection tools for generative AI content. Do not panic (yet). This law… more

Artificial Intelligence, California, Disclosure Requirements, Innovative Technology, Machine Learning

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Romtin Parvaresh

Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault Or Sexual Harassment

Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced… more

#MeToo, Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract

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Alexander Passantino

Seyfarth Policy Matters Newsletter - March 2020 #5

Congress Approves $8.3 Billion Coronavirus Emergency Funding. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (H.R. 6074) is headed for the President’s desk. Among other things, the bill contains… more

Administrative Appointments, China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

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Melissa Passman

BIS Publishes Interim Final Rule on “Standards-Related Activities"

On July 18, 2024, the U.S. Dept. of Commerce, Bureau of Industry and Security (BIS) published a new interim final rule (the “Interim Final Rule”) entitled “Standards-Related Activities and the Export Administration Regulations,”… more

Bureau of Industry and Security (BIS), Comment Period, Entity List, Export Administration Regulations (EAR), Export Controls

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Jesse Pauker

Future of the World of Work Pulse Survey

Powerful economic, societal, and technological drivers are reshaping work at a dramatic pace. The pandemic has only accelerated the pace of change… more

Coronavirus/COVID-19, Employer Liability Issues, Remote Working, Wage and Hour

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Gerald Pauling

National “Strike For Black Lives” Planned For Monday, July 20, 2020

Seyfarth Synopsis: This is to briefly alert all employers that there is an upcoming nationwide strike planned for next Monday, July 20, 2020. It is being referred to as the “Strike for Black Lives”, and has been organized by… more

Corporate Counsel, Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Popular

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Andrew Pearlstein

Oregon Law Limits Lender Enforcement Actions Against Borrowers

Oregon’s House Bill 4204 (the “Statute”) was signed into law on July 7, 2020, by Governor Kate Brown. The Statute imposes certain limitations on a lender’s right to undertake enforcement action against a borrower on loans… more

Borrowers, Enforcement Actions, Financial Services Industry, Lenders, Mortgages

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Gordon Peery

The Saga Continues: Fifth Circuit Court Reinstates Nationwide Injunction on CTA Pausing FinCEN’s Recently Announced Reporting Deadlines

The Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of the Treasury reset Corporate Transparency Act (CTA) reporting deadlines. However, on December 26, 2024, the Fifth Circuit Court of Appeals issued a new… more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Bethany Pelliconi

Changing California Commission and Bonus Plans In The Time Of COVID

Seyfarth Synopsis: California employers seeking to mitigate the financial impact of the COVID-19 pandemic may consider adjusting certain pay plans as a way to control costs… more

Bonuses, Compensation & Benefits, Coronavirus/COVID-19, Wage and Hour

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Kristin Pendergrass

New York State Amends 2024 Bed Bug Disclosure Law

New York’s bed bug disclosure law, Real Property Law § 235-j, has been amended to provide landlords and lessors additional time to comply with the law’s disclosure requirements and to limit the tenants and lessees entitled to… more

Amended Regulation, Bedbugs, Disclosure Requirements, Landlords, New York

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Andrew Perellis

EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and… more

Air Pollution, Comment Period, Environmental Policies, Environmental Protection Agency (EPA), Industrial Discharges

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Gio Perez

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs for… more

Contract Disputes, Contract Terms, Energy Policy, Force Majeure Clause, Foreign Policy

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S. Bradley Perkins

If Pain, Yes Gain —Part 91: New York City Publishes Updated Earned Safe and Sick Time Model Notice

Seyfarth Synopsis: On October 27, 2020, the New York City Department of Consumer and Worker Protection published an updated English version of its model “Notice of Employee Rights: Safe and Sick Leave” under the New York City… more

Earned Sick Time, Employer Liability Issues, Local Ordinance, Safe Leave, State and Local Government

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William Perkins

The New Standard for Reasonable Accommodations in the Second Circuit

The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employee Rights

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Catherine Klein-Perlow

Amending Building Loan Contracts in New York in the Wake of COVID-19-Related Closures of Local Recorders’ and Clerks’ Offices

The closure of local recorders’ and county clerks’ offices in the wake of COVID-19, and the prospect of future closures, has had a profound effect on commercial real estate transactions. This is particularly true in New York… more

Borrowers, Business Interruption, Construction Project, Enforcement, Executive Orders

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Katherine Perrelli

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Darren Perry

The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores… more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Kristen Peters

Time To Clean Up Janitorial Training

Seyfarth Synopsis: A new set of proposed regulations requires all janitorial employees and their supervisors to receive two hours of in-person, interactive sexual harassment training every two years… more

#MeToo, DLSE, Employee Training, Hospitality Industry, Janitorial Services

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Kyle Petersen

The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the Standard for Sending Court-Authorized Notice to Potential Plaintiffs in Collective Actions.

Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions… more

ADEA, Collective Actions, Employees, Employer Liability Issues, Employment Litigation

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Dana Peterson

Home Sweet Home Office: Considerations With Remote Employees

Seyfarth Synopsis: Although the concept of working remotely may seem simple, employers must consider several issues before allowing employees to work from home… more

Employer Liability Issues, Labor Code, OSHA, Telecommuting, Wage and Hour

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Matthew Peurach

7 Key Changes to the Qualified Opportunity Zone Incentive Under the One Big Beautiful Bill Act

On July 4, President Trump signed into law H.R. 1, the One Big Beautiful Bill Act (OBBBA), a sweeping 870-page piece of legislation that introduces significant changes across various areas of federal policy. While full… more

Internal Revenue Code (IRC), Investment, New Legislation, New Regulations, Opportunity Zones

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John Phillips

Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate Claim

In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to accommodate—without… more

Americans with Disabilities Act (ADA), Appeals, Bad Faith, Delay Claims, Disability Discrimination

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Elizabeth Philp

The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions

Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history… more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Howard Pianko

A Matter of Trust – DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Sai Pidatala

Culture of Compliance: M&A Transactions Subject To U.S. Department of Treasury Scrutiny

Seyfarth Synopsis: On May 2, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) released explicit guidance outlining its expectations for effective written sanctions compliance programs… more

Compliance, Due Diligence, Economic Sanctions, Foreign Policy, Internal Controls

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Caroline Pieper

From Telehealth to Trump Accounts: Breaking Down the One Big Beautiful Bill’s Impact on Employee Benefits

On July 4, 2025, Donald Trump signed the One Big Beautiful Bill (OBBB) into law. Although most have focused on the sweeping tax reform included in the OBBB, a number of key employee benefits provisions are included in the OBBB… more

Affordable Care Act, Compensation & Benefits, Corporate Counsel, Employee Benefits, Federal Budget

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Ephraim Pierre

No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD

Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under New… more

Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Employer Liability Issues, Failure to Accommodate

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Ryan Pinkston

“U Can’t Touch This”: When A Garnished Employee Goes Bankrupt

Seyfarth Synopsis: Employers increasingly find themselves in the difficult position of deciding whether to continue garnishing an employee’s wages pursuant to a garnishment order when the employee files for bankruptcy… more

Automatic Stay, Child Support, Consumer Bankruptcy, Creditors, Employer Liability Issues

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Tobi Pinsky

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Kelly Joan Pointer

Texas Pre- and Post-Dobbs Landscape

As previously reported, Dobbs v. Jackson Women’s Health Organization held that the authority to regulate abortion is returned to the states, permitting states to regulate abortion within their borders. Thus, employers and… more

Abortion, Dobbs v. Jackson Women’s Health Organization, SCOTUS, State Health Departments, Texas

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Katie Graham Poirot

If Pain, Yes Gain – Part 133: Alaska Paid Sick Leave Law Went Into Effect YESTERDAY

As we previously reported, in November 2024, Alaska voters approved a paid sick leave ballot initiative that called for a statewide paid sick leave law to go into effect July 1, 2025… more

Alaska, Compensation & Benefits, Employee Benefits, Employee Rights, Employees

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Jill Porcaro

Paid Leave and Coronavirus Considerations — Colorado Emergency Paid Sick Leave Rules in Effect

Seyfarth Synopsis: On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) published the “Colorado Health Emergency Leave with Pay” Rules (HELP Rules) to aid in combatting the 2019 Novel Coronavirus disease,… more

China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Employer Liability Issues

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Avrohom Colev Posen

Second-Hand Smoke: New York’s Crackdown on Illegal Cannabis Sales Extends to Landlords

Governor Kathy Hochul’s determined efforts to combat illegal cannabis operations in New York have gained even more momentum with a new multi-agency initiative authorized as part of the 2024 Budget. The State aims to curtail the… more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries, Licensing Rules

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Brian Potter

In the DHS and DOL Bulls-eye: Foreign National Contract Workers

Employers who source talent from consulting or staffing companies continue to face growing scrutiny from multiple government agencies, including the Department of Homeland Security (DHS), the Department of Labor (DOL), and the… more

Corporate Counsel, Department of Homeland Security (DHS), Department of Labor (DOL), Employer Liability Issues, FDNS

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William Prickett

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

See all updates »

Jason Priebe

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

See all updates »

Paul Pryzant

A Delaware Surprise: Busting the Limits of Enforceability of Non-Competes in an M&A Transaction under Delaware Law

M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold restrictive covenants in an acquisition. Even if the restrictive covenant at hand was… more

Acquisitions, Corporate Counsel, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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Candace Quinn

SEC Reopens Comment Period for Pay-for-Performance Proxy Disclosure

Seyfarth Synopsis: Back in 2015, the U.S. Securities and Exchange Commission (“SEC”) issued proposed rules on the pay-for-performance disclosure required under the Dodd-Frank Wall Street Reform and Consumer Protection Act of… more

Comment Period, Disclosure Requirements, Dodd-Frank, Pay-for-Performance, Securities and Exchange Commission (SEC)

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Danielle Rabie

An End to At-Will Employment in Illinois? Newly Introduced Legislation Seeks to do Just That

Seyfarth Synopsis: On February 19th and 26th, 2021, Illinois legislatures introduced new bills that, if passed, would get rid of at-will employment, only allowing employers to terminate employees for just-cause, and require… more

At-Will Employment, Employment Policies, Hiring & Firing, Termination

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Tess Rabin

FinCEN Narrows Scope of Corporate Transparency Act

On March 26, 2025, the Financial Crimes Enforcement Network’s (“FinCEN”) interim final rule (the “Interim Rule”) exempting domestic entities and U.S. persons from reporting beneficial ownership information (“BOI”) under the… more

Beneficial Owner, Business Entities, Comment Period, Corporate Transparency Act, Filing Deadlines

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Tommaso Raco

Legal Update: Implementation Deadline for the European Directive on Working Conditions is Imminent: Prepare for New Information Obligations

The deadline for EU Member States to amend their local laws in order to comply with EU Directive 2019/1152 on transparent and predictable working conditions is August 1, 2022. Here’s what employers with workers in Europe need to… more

Employer Liability Issues, EU, International Labor Laws, Member State, Working Conditions

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Clara Rademacher

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation… more

Appeals, California, Employees, Employer Liability Issues, Employment Litigation

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Brenda Radmacher

Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era

In light of recent disputes, international construction firms are rethinking how they draft force majeure and price escalation provisions to better address tariff-induced cost increases. While traditional force majeure clauses… more

Construction Contracts, Construction Project, Contract Disputes, Contract Drafting, Contract Terms

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Janine Raduechel

Good Faith Defense Applies To Wage Statement Penalty Claims

The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with section… more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Good Faith

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Yannick Ramsamy

UK Labor Law – Legislation For Proposed Significant Reforms Unveiled

The UK’s new Labour government published its highly anticipated Employment Rights Bill last week. In total, the draft Bill contains 28 stand-alone employment law reforms (including many of the changes that we outlined in our… more

Employee Benefits, Employee Rights, Employer Liability Issues, Flexible Work Arrangements, Gender-Based Pay Discrimination

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Sandy Recinos

FTC Posts $20 Million Settlement With Dealer Group For Alleged Deceptive Practices - Seyfarth's Future of Automotive Series

On Thursday, December 19, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General announced a massive $20 million settlement with Leader Automotive Group, the operator of 10 dealerships in and around Bloomington,… more

Automotive Industry, Car Dealerships, CARS Rule, Enforcement Actions, Federal Trade Commission (FTC)

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Rachael Reed

NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor… more

Amnesty International, Employee Rights, Employer Liability Issues, Employment Policies, Federal Labor Laws

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Alex Reganata

Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices

Employers must provide current employees with written notice of the 2025 contribution rates for the Massachusetts Paid Family and Medical Leave (PFML) program. Employees must receive notice of the 2025 contribution rates on or… more

Employee Benefits, Employees, Employer Liability Issues, Family Medical Leave, Notice Requirements

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Juan Rehl-Garcia

Cal/OSHA Approves Non-Emergency COVID-19 Standard In Time for the Holidays

Seyfarth Synopsis: On Thursday, December 15, 2022, the Occupational Safety and Health Standards Board (“OSHSB”) approved the long-proposed 2-year “permanent” COVID-19 standard. The new standard will take effect on January 1,… more

Cal-OSHA, Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employer Responsibilities

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Eron Reid

Restrictive Covenant Law For The First Four Months of 2025

With the FTC Ban on non-competes essentially dead in the Courts of Appeal, various states and agencies have taken up the mantle to further limit or expand the use of restrictive covenants for certain populations in 2025… more

Amended Regulation, Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Madeline Remish

Chicago’s Annual Employment Law Changes Are Coming July 1 — Are You Ready?

Effective July 1, 2025, updates to several key Chicago employment laws go into effect, including (1) updates to the Chicago Fair Workweek employee coverage thresholds; (2) updates to the City’s minimum wage; and (3) new… more

City of Chicago, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Juan Reyes

Federal Disaster Loan Assistance Program for Small Businesses Impacted by COVID-19

Background - On March 12, 2020, in response to President Trump’s address to the nation and the signing of the Coronavirus Preparedness and Response Supplemental Appropriations Act (the “Act”), the Small Business… more

CARES Act, Coronavirus/COVID-19, Disaster Aid, Federal Loans, Small Business

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Jamie Rich

Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About Employer Speech

On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy Silk… more

Administrative Law Judge (ALJ), Cemex, Employee Rights, Employer Liability Issues, Employment Litigation

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Brianna Richardson

From Telehealth to Trump Accounts: Breaking Down the One Big Beautiful Bill’s Impact on Employee Benefits

On July 4, 2025, Donald Trump signed the One Big Beautiful Bill (OBBB) into law. Although most have focused on the sweeping tax reform included in the OBBB, a number of key employee benefits provisions are included in the OBBB… more

Affordable Care Act, Compensation & Benefits, Corporate Counsel, Employee Benefits, Federal Budget

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Steven Richman

Updated Guidance on NAV-Based Facilities for Private Equity Strategies

Net Asset Value (NAV)-based financing facilities (“NAV Facilities”) continue to proliferate in private equity. In response, the Institutional Limited Partners Association (ILPA) released comprehensive new guidance making the… more

Institutional Investment, Institutional Investors, Institutional Limited Partners Association (ILPA), Investment, Investors

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Danny Riley

California Privacy Protection Agency (CPPA) Finally Voted to Adopt Much Debated Update to CCPA Regulations: What Your Business Should Know

On July 24, 2025, the California Privacy Protection Agency (“CPPA”) unanimously voted to adopt a package of Proposed Regulations for the California Consumer Privacy Act (“CCPA”), marking a significant development in California… more

Automated Decision Systems (ADS), Automation Systems, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Insurance Products

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Jennifer Riley

Illinois Federal Court Grants Class Certification To Cook County Department Of Corrections Applicants Based On Allegedly Discriminatory Entrance Exams

Seyfarth Synopsis: On August 8, 2022, the U.S. District Court for the Northern District of Illinois granted Plaintiffs’ motion for class certification for a class of applicants who sought employment with the Cook County… more

Civil Rights Act, Class Action, Class Certification, Employer Liability Issues, Employment Litigation

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F. Richard Rimer Jr.

Trademark Offices Worldwide Respond to COVID-19: A Survey of Extensions, Announcements, and Status Information (UPDATED)

Trademark offices around the world have adjusted their practices in response to the global COVID-19 pandemic. Many trademark offices extended or suspended deadlines… more

Administrative Proceedings, Business Closures, Coronavirus/COVID-19, Filing Deadlines, Intellectual Property Protection

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Christopher Robertson

The False Claims Act Comes to Britain? Preparing for the ‘Failure to Prevent Fraud’ Offence

In just a few months, the UK’s corporate criminal liability offence of Failure to Prevent Fraud (FTPF) comes into force. Modelled on the framework of the Failure to Prevent Bribery offence, FTPF imposes strict liability on… more

Corporate Counsel, Corruption, Criminal Liability, Enforcement, False Claims Act (FCA)

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Leah Rochwarg

Massachusetts Department of Public Health Issues Stay-At-Home Advisory

Seyfarth Synopsis: Pursuant to Governor Baker’s Emergency Order regarding COVID-19 issued Monday, March 23rd, the Commissioner of the Massachusetts Department of Public Health (“DPH”) issued a two-part Public Health Advisory on… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Joshua Rodine

California Court of Appeal Rules Prospective Meal Waivers Are Enforceable

The California Labor Code generally requires that employers provide meal periods to non-exempt employees working more than five hours. However, the Labor Code provides that meal periods can be waived by agreement of the employer… more

Appeals, California, Class Action, Employee Rights, Employment Litigation

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Leon Rodriguez

In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the Title… more

Appeals, Educational Institutions, Employees, Employer Liability Issues, Employment Litigation

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Valerie Rodriguez

FLSA Pleading: Mathematical Precision Not Required

Seyfarth Synopsis: The Supreme Court’s decision in Iqbal on the requirement of specificity in pleading provided the guidance that “determining whether a plausible claim has been pled is a context-specific task that requires the… more

Employees, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Jacob Roes

I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements… more

Constitutional Challenges, Employer Liability Issues, Employer Responsibilities, Enforcement Actions, Government Agencies

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Vanessa Rogers

Houston Raises the Minimum Wage for Houston-Area Airport Workers, Up to $15.00 Per Hour by October 2023

Seyfarth Synopsis: The City of Houston is raising the minimum wage for employers with covered contracts, subcontracts, and concession agreements at George Bush Intercontinental Airport, William P. Hobby Airport, and Ellington… more

Employer Liability Issues, Minimum Wage, Wage and Hour

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Alexander Roitman

New Permitting Requirements Proposed for Construction Projects in the City of Boston

The City of Boston has proposed new safety protocols for construction work deemed essential during the ongoing health emergency caused by the COVID-19 virus… more

Boston, Construction Contracts, Construction Industry, Construction Permits, Construction Project

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Adam Rongo

EEOC Posts Its Internal Scorecard: Insights For Employers

On November 15, 2024, the EEOC released its Agency Financial Report (“AFR”) for Fiscal Year 2024. The AFR is intended to provide a description of the Agency’s financial management and offer high-level performance information… more

Corporate Counsel, Enforcement Actions, Enforcement Statistics, Equal Employment Opportunity Commission (EEOC), Pregnant Workers Fairness Act

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David Rosenberg

Certified Tire: Not Your Average Compensation System

Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage for all hours worked during a pay period, but that also enables the employees to… more

Appeals, Class Action, Compensation & Benefits, Employer Liability Issues, Employment Litigation

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Michael Rosenthal

There is life after death...of the Bottom-Dollar Guarantee

Seyfarth Synopsis: On October 5, 2016, the Treasury Department published several pieces of guidance relating to disguised sales, allocation of liabilities, and other partnership tax issues, including “bottom-dollar” guarantees… more

Capital Expenditures, Debt Financing, Disguised Sales, IRS, Partnerships

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David Ross

Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage

Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class… more

Adverse Employment Action, Class Action, Class Certification, Commonality, Employment Litigation

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Jeffrey Ross

Fair Housing Disparate Impact Claims Survive SCOTUS Challenge

The U.S. Supreme Court has decided, 5 - 4, that the Fair Housing Act (FHA) permits the use of a major antidiscrimination tool, the legal theory of disparate impact. Texas Department of Housing and Community Affairs v. The… more

Affordable Housing, Disparate Impact, Fair Housing Act (FHA), Race Discrimination, SCOTUS

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Maria Rossi

Guidance Issued on Contraception and Other Medical Services Under Health Plans

The IRS recently published two notices which describe the tax treatment of amounts paid for condoms and expand the list of preventive care benefits permitted to be provided by a high deductible health plan (HDHP) without payment… more

Birth Control, Compensation & Benefits, Contraceptive Coverage Mandate, Employee Benefits, Flexible Spending Accounts

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Kelly Rourke

Hybrid Plan Filing Reprieve…. Sort of

Seyfarth Synopsis: The IRS published guidance in its Employee Plans newsletter on August 24, 2020, allowing incomplete determination letter applications to be filed by August 31, 2020, with an opportunity to supplement the… more

Benefit Plan Sponsors, Determination Letter, Employee Benefits, Filing Deadlines, Hybrid Plan

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Adria Crowe

Important RWI Considerations under the Corporate Transparency Act

The Corporate Transparency Act of 2020 took effect on January 1, 2024, adding new filing requirements for many companies that may find themselves involved in mergers and acquisitions. Given the breadth of standard… more

Acquisition Agreements, Beneficial Owner, Commercial Insurance Policies, Corporate Sales Transactions, Corporate Transparency Act

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David Rowland

Geisinger Prevails 4-2 Against EEOC in Pennsylvania Federal Court, Leaving Anomalous ADA Title V Claim Ripe For Summary Judgment

Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against the… more

Americans with Disabilities Act (ADA), Disability, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Failure to Accommodate

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Christian Rowley

Real Households of California: Issues with Domestic Workers

Seyfarth Synopsis: When we think of California employers encountering complex issues during the COVID-19 pandemic, images of retail, service, and other types of businesses come to mind… more

Domestic Workers, Over-Time, Sick Leave, Sick Pay, Wage and Hour

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Sam Rowley

Trump Rescinds California’s Emission Waivers: What It Means for the Future of EV Mandates - Seyfarth's Future of Automotive Series

On June 12, 2025, President Trump delivered on his promise to ease the aggressive push led by California and other states to mandate a transition to electric vehicles. At a White House signing ceremony, Trump signed three… more

Automotive Industry, California, Climate Action Plan, Congressional Review Act, Constitutional Challenges

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Samuel Rubinstein

Getting Back To Normal: New York Further Modifies Travel Quarantine Rules for Vaccinations, Amends Guidance on Certain Gatherings, and Allows More Industries to Reopen

Seyfarth Synopsis: New York has announced new travel quarantine and reopening rules. Domestic travelers are no longer subject to the Travel Advisory within 90 days of their full vaccination, certain gatherings can increase in… more

Coronavirus/COVID-19, Infectious Diseases, Quarantine, Travel Restrictions

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Laura Caro Ruiz

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,… more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Timothy Rusche

Seventh Circuit Reaffirms the Importance of Identifying a Proper Comparator in Discrimination Claims

Seyfarth Synopsis: On May 31, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination and work retaliation claims filed by a Black dental… more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Race Discrimination, Retaliation

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Michael Rybicki

Work Stoppages: GC Memorandum 18-02 Signals the “Trump Board” Will Have the Opportunity to Review Controversial Changes With Respect to Work Stoppages

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo setting forth a wide range of issues that must be submitted to Advice before Complaints will be authorized. Generally… more

Business Disruption, NLRB, NLRB General Counsel, Policy Memorandums, Right to Picket

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Lauren Sabbatani

Additional Protections for Seattle App-Based Workers Take Effect On January 1, 2025

Seattle continues to expand protections for app-based workers (sometimes referred to as “gig workers”) working within the City of Seattle with its new App-Based Worker Deactivation Rights Ordinance… more

Employee Benefits, Employer Liability Issues, Freelance Workers, Gig Economy, Independent Contractors

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Ala Salameh

Mind the Gap: EEOC Report Warns of Substantial Gender Pay Gap for Federal Employee, Exacerbated by Age.

On January 2, 2025, the EEOC released a report underscoring that a gender pay gap among federal employees has an age component as well; the gap is larger for those age 40 and over relative to those under age 40… more

Age Discrimination, Anti-Discrimination Policies, Employees, Employer Liability Issues, Employment Discrimination

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Lauren Salas-Mationg

50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA… more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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Eddy Salcedo

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Valerie Salcido

Streamlining Services: USCIS Auto-Extensions for Work Permits – A Step Towards Efficiency and Relief

U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540… more

Employment Authorization Documents (EAD), Extensions, Foreign Workers, Form I-9, Hiring & Firing

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Ameera Salem

HHS’ Withdrawal of 2022 Guidance Raises Questions about Coverage for Gender-Affirming Care

In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable Care… more

Affordable Care Act, Bostock v Clayton County Georgia, Civil Rights Act, Department of Health and Human Services (HHS), Disability Discrimination

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Daniel Joshua Salinas

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Galen Sallomi

Legislative Update: Nearing the End of the Road (for 2023)

Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of which employment bills are before the Governor for consideration,… more

Anti-Discrimination Policies, Cal-OSHA, Cal-WARN, California, Civil Code

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Vincent Sama

SEC’s In-House Adjudication Deemed Unconstitutional by Fifth Circuit

A key enforcement power of the Securities and Exchange Commission (“SEC”)—its ability to elect to conduct in-house administrative proceedings before Administrative Law Judges (“ALJs”) instead of bringing an action in federal… more

Administrative Law Judge (ALJ), Enforcement Actions, Investment Advisers Act of 1940, Securities and Exchange Commission (SEC), Securities Exchange Act

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Cristina Sanchez

Effective July 1, 2020, Indiana Requires Notarized Signature of Witness on All Recorded Instruments

Indiana recently amended Indiana Code §32-2-3(a), discussing recording requirements. As a result of this amendment, effective July 1, 2020, all instruments to be recorded in Indiana must be signed and notarized by both the… more

Grantors, Notarization, Recording Requirements, Witnesses, Writ of Execution

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Karla Sanchez

Email Systems: GC Memorandum 18-02 Signals That The Trump Board May Review The Controversial Obama Board Changes Allowing Employees To Use Employer’s Email Systems For Protected, Concerted Activities

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during… more

Electronic Communications, Email Policies, Employment Litigation, Employment Policies, NLRB

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Jinouth Vasquez Santos

Hi[gh]ring Practices: Salary History Bans

As more states legalize cannabis, growth in job opportunities rises. However, with more jobs, the greater the risk of employment related lawsuits at the hiring stage. While there are a host of issues cannabis companies need to… more

Employer Liability Issues, Hiring & Firing, Job Applicants, Salary/Wage History, State Labor Laws

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Julia Sarnoff

W3C Adds Nine New Requirements In WCAG 2.2

Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility… more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, New Regulations, Regulatory Standards

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Evan Sarosi

SEC's Private Fund Advisers Rule Struck Down by Fifth Circuit

The Fifth Circuit Court of Appeals (Fifth Circuit) today issued its ruling striking down the “Private Fund Advisers Rule” (the “PFA”). The proposed PFA was introduced on February 9, 2022 (“Proposed Rule”). The Securities and… more

Disclosure Requirements, Dodd-Frank, Final Rules, Fund Managers, Investment Adviser

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Lisa Savadjian

Two Years Later: New Jersey’s Governor Extends “Emergency” Powers Again, Further Delaying Effective Date of Extreme NJ WARN Amendments

As many New Jersey employers know, New Jersey’s “Millville Dallas Airmotive Plant Job Loss Notification Act” (“NJ WARN”) was amended twice in 2020. The original January 21, 2020 amendments (“January 2020 Amendments”) contained… more

Executive Orders, Governor Murphy, Hiring & Firing, Layoffs, State Labor Laws

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Suzanne Saxman

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Michelle Scannell

No Quick Exit On 401(k) Class Action Alleging Imprudent Proprietary Fund Offerings

Seyfarth Synopsis: A district court recently denied a motion to dismiss a 401(k) proprietary fund class action, continuing an overwhelming trend of allowing these cases to survive pleading challenges… more

401k, Class Action, Employee Benefits, Investment Products, Motion to Dismiss

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Brianna Schacter

Franchisors: Are You Covering Your Digital Assets?

Several high profile ransomware attacks have recently rocked the franchise world fomenting uncertainty and anxiety about franchisors’ legal obligations and liability. Ransomware attacks essentially kidnap a company by shutting… more

Cyber Crimes, Data Security, Digital Assets, Franchise Disclosure Document, Franchises

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Stephen Schar

Year-End Estate Planning for 2023

A strong stock market and “soft landing” have generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer… more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

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Lisa Schaures

Oregon Enacts Consumer Privacy Act

On July 18, 2023, Oregon’s Governor Tina Kotek signed SB 619, which created the Oregon Consumer Privacy Act (“OCPA”). Oregon joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Florida,… more

Consumer Privacy Rights, Cybersecurity, Data Protection, New Legislation, Oregon

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Caleb Schillinger

FTC Actions Against Manufacturers Demonstrate Agency’s Priority in Enforcing Unlawful Repair Restrictions

On June 23, 2022, the Federal Trade Commission (FTC) announced that it had entered into consent orders with manufacturers Harley-Davidson Motor Company Group, LLC and MWE Investments, LLC (maker of Westinghouse outdoor… more

Corporate Counsel, Federal Trade Commission (FTC), FTC Act, Harley-Davidson, Magnuson-Moss Act

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John Schleppenbach

Management Alert: DOJ Files Motion To Dismiss Eleven False Claims Act Suits

Seyfarth Synopsis: The United States Department of Justice recently filed a seismic motion to dismiss in a series of healthcare fraud-related cases… more

Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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Whitney Schmidt

SEC Advisory Committee Recommends Additional Clarity Regarding So-Called “Finders”

The Securities and Exchange Commission ("SEC") Advisory Committee on Small and Emerging Companies ("Advisory Committee") announced new recommendations to make it easier for small and emerging companies to raise capital using… more

Broker-Dealer, Brokers, Capital Raising, Crowdfunding, Emerging Growth Companies

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Ryan Schneider

If Pain, Yes Gain—Part 99: Allegheny County Paid Sick Leave Ordinance Effective Today, December 15, 2021

Seyfarth Synopsis: Late last week, the Allegheny County Department of Administrative Services posted the Allegheny County paid sick leave ordinance notice on its paid sick leave website, along with guidelines and FAQs clarifying… more

Coronavirus/COVID-19, Infectious Diseases, Paid Leave, Sick Leave, Wage and Hour

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Linda Schoonmaker

Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission… more

Compensation & Benefits, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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Ronald Schreiber

Year-End Estate Planning for 2024

A record-breaking stock market has again generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer. Gifts and… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Elizabeth Schrero

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Emily Schroeder

Bonuses in the Time of COVID: Avoiding California Pitfalls

Seyfarth Synopsis: Employers offering bonuses to workers during the COVID-19 crisis must beware the famous saying that “wisdom comes to us when it can no longer do any good.” Some bonuses trigger special rules that employers… more

Bonuses, Compensation & Benefits, Coronavirus/COVID-19, Employer Liability Issues, Wage and Hour

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Catherine Schumacher

The Grundfest Solution Works Again and Corporate Counsel of Public Companies Should Take Notice of the Upside of Federal Forum Selection Clauses

On April 28, 2022, the California Court of Appeals became the first appellate court outside of Delaware to uphold a federal forum provision (“FFP”) in governing corporate documents. The appellate decision was issued in the case… more

Forum Selection, PSLRA, Publicly-Traded Companies, Securities Act of 1933, Securities Litigation

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William Schurgin

So Much for Management Rights Clauses — The Board Strikes Again

Seyfarth Synopsis: In Graymont PA, Inc. the Board majority ruled that a unionized employer cannot unilaterally change rules or policies that affect bargaining unit employees even if its collective bargaining agreement contains a… more

Bargaining Units, Collective Bargaining, Corporate Counsel, NLRB, Unilateral Modification

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Richard Schwartz

Catching-Up on Catch-Up Contribution Changes

New proposed regulations issued by The Department of Treasury and IRS provide guidance on the provisions related to catch-up contributions that were included under SECURE 2.0 Act of 2022 (“SECURE 2.0”)… more

401k, Benefit Plan Sponsors, Compensation & Benefits, Contribution Limits, Employee Benefits

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Sam Schwartz-Fenwick

Supreme Court Upholds Tennessee Transgender Care Ban

In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors, does… more

Bostock v Clayton County Georgia, Civil Rights Act, Compensation & Benefits, Constitutional Challenges, Department of Justice (DOJ)

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Olivia Scofield

Parting Gifts from the Biden Administration: TPS Extensions Ukraine, Venezuela, El Salvador, and Sudan

On January 10, 2025, the Department of Homeland Security (DHS) announced important changes that will benefit noncitizens who have applied for or currently hold Temporary Protected Status (TPS) with designations for Ukraine,… more

Biden Administration, Corporate Counsel, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Employment Policies

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Andrew Scroggins

In the Hot Seat: Andrea Lucas Defends Record at Senate Hearing

The Acting Chair of the EEOC has been renominated to serve another term as commissioner, and testified at her confirmation hearing on June 18, 2025. Confirmation is required for her to continue as Acting Chair. Ms. Lucas’… more

Confirmation Proceedings, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Enforcement Actions

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Rachel See

Trump Administration Releases AI Action Plan and Three Executive Orders on AI: What Employment Practitioners Need to Know

On July 23, 2025, the White House released “America’s AI Action Plan” and President Trump signed three Executive Orders addressing AI development, federal procurement, and infrastructure. The 25-page AI Action Plan focuses on… more

Artificial Intelligence, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employee Rights, Employees

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Joshua Seidman

If Pain, Yes Gain – Part 133: Alaska Paid Sick Leave Law Went Into Effect YESTERDAY

As we previously reported, in November 2024, Alaska voters approved a paid sick leave ballot initiative that called for a statewide paid sick leave law to go into effect July 1, 2025… more

Alaska, Compensation & Benefits, Employee Benefits, Employee Rights, Employees

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Kiran Aftab Seldon

Navigating Global Religious Accommodation: Insights from Our Lawyers on Employer Responsibilities Towards Religious Beliefs in the Workforce

In a previous blog, we summarized the recent case of Groff v. Dejoy, where the U.S. Supreme Court unanimously clarified the undue hardship standard under Title VII, a federal law in the United States that prohibits employment… more

Civil Rights Act, Corporate Counsel, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy

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Joy Sellstrom

Guidance Issued on Contraception and Other Medical Services Under Health Plans

The IRS recently published two notices which describe the tax treatment of amounts paid for condoms and expand the list of preventive care benefits permitted to be provided by a high deductible health plan (HDHP) without payment… more

Birth Control, Compensation & Benefits, Contraceptive Coverage Mandate, Employee Benefits, Flexible Spending Accounts

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Oluwafunmito Seton

“But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split

Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims… more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing

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Michelle Shamouilian

Held Captive No More: New York Enacts Legislation Prohibiting Mandatory Meetings Regarding Employers’ Political (But Really Union) or Religious Views

Seyfarth Synopsis: On September 6, 2023, New York Governor Kathy Hochul signed into law legislation that, effective immediately, prohibits employers from disciplining employees who refuse to participate in meetings concerning… more

Employees, Employer Liability Issues, Free Speech, Labor Reform, Labor Regulations

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Danielle Shapiro

If Pain, Yes Gain – Part 128: Alaska, Missouri, and Nebraska Join Nation’s Paid Sick Leave Law Patchwork

As we reported last week, paid sick leave initiatives were on the ballot and up for vote in three states – Alaska (“Ballot Measure No. 1”), Missouri (“Proposition A”), and Nebraska (“Initiative 436”)… more

Employee Benefits, Employees, Employer Liability Issues, Labor Reform, Paid Time Off (PTO)

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Esteban Shardonofsky

Texas Issues Order Prohibiting Private Business Vaccine Mandates Without Broad Exemptions

Seyfarth Synopsis: Texas Governor Greg Abbott has issued an Executive Order prohibiting public and private employers from requiring employees or customers to receive the COVID-19 vaccine if such individuals object for “any… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Governor Abbott, Infectious Diseases

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Kimberly Shen

Second Circuit Holds that Plan Arbitration Provisions that Force Plaintiff to Surrender Statutory Right To Plan-Wide Relief Are Unenforceable

The Second Circuit recently ruled that an ERISA plan’s arbitration provision was not enforceable because the provision barred plan-wide relief. Cedeno v. Sasson, 2024 WL 1895053 (2d Cir. May 1, 2024). The Court decision… more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Corporate Counsel, Employee Retirement Income Security Act (ERISA)

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Andrew Sherman

Franchising during the Coronavirus recession

Franchise systems around the country are confronting unprecedented challenges and business disruptions from the spread of the coronavirus (COVID-19)… more

Business Closures, Business Interruption, Coronavirus/COVID-19, Franchises

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Ashley Sherwood

Allocating the Risk of Tariff Price Increases

As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting… more

Aluminum Sales, Construction Contracts, Construction Project, Contingency Plans, Contract Disputes

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Nelli Shevchenko

December 2024 Global Immigration Alert

The Australian government has proposed changes to the temporary skilled worker framework through the introduction of a “Skills in Demand” (SID) visa… more

Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Tara Shinall

Ninth Circuit Weighs In On Section 1782 Issue That Has Split Federal Courts

As we’ve previously written , 28 U.S.C. § 1782 is a useful federal statute that allows overseas litigants to obtain discovery through U.S. federal courts for use in the overseas litigation. With respect to adjudication of… more

Corporate Counsel, De Novo Standard of Review, Discovery, International Litigation

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John Shire

COVID-19 Business Stimulus Funding Update: Small Businesses, Large Businesses, Mid-Size Businesses, Nonprofits, and Tax Provisions

Seyfarth is actively monitoring all aspects of federal legislation impacting our corporate clients based on COVID-19 business stimulus funding. We expect there to be rolling updates to these provisions based on programs yet to… more

Business Interruption, CARES Act, Chapter 11, Coronavirus/COVID-19, Economic Injury Disaster Loans

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Kayla Siam

Relief Down the Pipe for Cannabis Companies Amid the Coronavirus Crisis

In response to the drastic economic impact COVID-19 has had on small businesses in recent weeks, President Trump announced that the Small Business Administration (SBA) was authorized to provide $50 billion in low-interest loans… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Coronavirus/COVID-19, Small Business Loans

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Christopher Sickles

The District of Columbia’s Vaccine Mandate: What Businesses Need to Consider

Seyfarth Synopsis: Pursuant to the Mayor’s Order 2021-148 (the “Order”), beginning on January 15, 2022, the District of Columbia has required certain businesses to verify that all patrons aged 12 and over have received at least… more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health, Vaccinations

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Umer Siddiqui

BIPA Damages Reform Bill Signed in Illinois

On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability for… more

Biometric Information, Biometric Information Privacy Act, Consent, Damages, Data Collection

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Eric Sidman

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

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Alison Silveira

Green Light for a New Era: Final Approval of House v. NCAA Settlement Ushers in Historic Change for College Athletics—and a Complex Compliance Roadmap for Schools

On June 6, 2025, Judge Claudia Wilken of the Northern District of California granted final approval of the landmark House v. NCAA settlement, clearing the way for NCAA Division I schools to directly compensate student-athletes… more

College Athletes, Compensation & Benefits, Educational Institutions, Employer Liability Issues, Name and Likeness

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Jason Silver

“Ambush” or “Quickie” Elections Are Back in Full: NLRB Issues Union-Friendly Elections Regulation

Seyfarth Synopsis: On August 24, 2023, the National Labor Relations Board (NLRB) issued a Final Rule dramatically altering union election processes. The Final Rule overturns many Trump-era regulations, thereby perpetuating an… more

Employee Rights, Employer Liability Issues, Employment Litigation, Federal Labor Laws, Final Rules

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Georgia Simmonds

HR Now. The Big Issues.

What matters to HR today? While every client has their own unique challenges, here’s what we are hearing consistently from our leading employer client base. 1. Business change - Change, and big change, is seemingly… more

Human Resources Professionals

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Matthew Simmons

A Delaware Surprise: Busting the Limits of Enforceability of Non-Competes in an M&A Transaction under Delaware Law

M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold restrictive covenants in an acquisition. Even if the restrictive covenant at hand was… more

Acquisitions, Corporate Counsel, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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Alex Simon

For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh Circuit… more

Appeals, Appellate Courts, Burden-Shifting, Class Action, Class Certification

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Craig Simonsen

OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer

Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer… more

Employees, Employer Liability Issues, Health and Safety, NAICS, Online Platforms

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Amy Simpson

Real Estate: Market Pulse (July 2025)

Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts… more

Data Centers, Industrial Sector, Interest Rates, Investors, Multi-Family Development

See all updates »

Jeffrey Sims

New Tariffs on Imports from Canada, Mexico, and China: What You Need to Know

President Trump has issued three executive orders imposing new tariffs on imports from Canada, Mexico, and China effective February 4th. Canada has responded with retaliatory tariffs on imports from the U.S. On February 3rd, the… more

Canada, China, Executive Orders, Exports, Foreign Relations

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Fredric Singerman

IRS Provides Guidance on CARES Act Defined Benefit Contribution Funding Relief

Seyfarth Synopsis: As Seyfarth has blogged about on multiple occasions, the CARES Act provided relief for qualified plans as a result of COVID-19. With respect to qualified defined benefit pension plans, the CARES Act extended… more

Benefit Plan Sponsors, CARES Act, Coronavirus/COVID-19, Defined Benefit Plans, Employee Benefits

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Rebecca Singerman

DOL Issues New Guidance Streamlining the Voluntary Fiduciary Correction Program

The Department of Labor (DOL) has issued a much awaited amendment to its Voluntary Fiduciary Correction Program (VFC Program). Notably, the amendment adds a self-correction feature for the delinquent transmittal of participant… more

Compensation & Benefits, Department of Labor (DOL), EBSA, Employee Benefits, Excise Tax

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Manleen Singh

Cadillac Tax is Movin’ Out

Seyfarth Synopsis: Although it is not law yet, according to the must-pass spending legislation passed by both the House and Senate, it looks like the infamous Cadillac Tax and the Annual Fee on Health Insurance Providers (HIP… more

Affordable Care Act, Cadillac Tax, Employee Benefits, Health Insurance, Healthcare Reform

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Devvrat Sinha

Bankruptcy Courts: Open for Business

During challenging economic times, Bankruptcy Courts serve an essential governmental and financial function. The COVID-19 outbreak has forced closures of businesses and governmental entities throughout the country, resulting in… more

Coronavirus/COVID-19, Corporate Counsel, Court Closures, Court Schedules, Defense Strategies

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Shardé Skahan

Six Weeks To Go Until California’s Pay Data Reporting Deadline

The reporting deadline for the 2023 California pay data reporting cycle is only six weeks away. Employers with at least 100 employees with at least one California employee must file their Pay Data Report with the California… more

California, Employees, Hiring & Firing, Independent Contractors, Labor Contractor

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John Skelton

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

See all updates »

Henry Skene

The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores… more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Sheryl Skibbe

Nike Prevails On Bag Check Case

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to require… more

Class Action, Corporate Counsel, Employer Liability Issues, Employment Litigation, Nike

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Abigail Skinner

Massachusetts PFML Update: DFML Releases New 2023 Poster and Employee Notices

Seyfarth Synopsis: Employers must notify current and new employees of the 2023 updates to contribution rates and weekly benefit amounts under the Paid Family and Medical Leave (PFML) Law. The Department of Family and Medical… more

Employer Liability Issues, Medical Leave, Paid Leave, State Labor Laws, Wage and Hour

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Mark Skinner

Massachusetts PFML Update: Contribution Rates and Benefit Amounts for 2022

Seyfarth Synopsis: The Massachusetts Department of Family and Medical Leave announced updates to contribution rates and weekly benefit amounts under the Paid Family and Medical Leave law, effective January 1, 2022… more

Employer Liability Issues, Paid Leave, State Labor Laws, Wage and Hour

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Kathleen Cahill Slaught

A Ninth Circuit Panel Finds No ERISA Preemption Of Seattle Health Care Ordinance

Seyfarth Synopsis: A recent panel decision from the Ninth Circuit rejects an ERISA preemption argument that a Seattle ordinance regulating private sector health care should be nullified in order to safeguard the ERISA… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance, Preemption

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Matthew Sloan

Radical Change at OSHA During Second Trump Administration?

With another dramatic reversal from a pro-labor Democratic administration to a second Trump administration, we anticipate that OSHA is likely to pivot away from its current enforcement-heavy agenda to a greater emphasis on… more

Employer Liability Issues, Health and Safety, Heat Exposure, OSHA, Regulatory Agencies

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Daniel Small

A Look Back at the 2025 New York Legislative Session

With the 2025 New York legislative session now completed, several bills that passed both the Senate and Assembly may be headed to the Governor for signature, but two significant bills that passed the Senate did not pass the… more

Disparate Impact, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Ashley Smith

Federal Court Addresses Central Bank Immunity and Authority to Waive Under Foreign Sovereign Immunities Act

In recent weeks sanctions against Russia’s central bank have prompted renewed buzz around the issue of sovereign immunity. The interpretation of the Foreign Sovereign Immunities Act (“FSIA”), specifically with relation to… more

Central Bank of Russia, Foreign Sovereign Immunities Act of 1976 (FSIA), Sovereign Immunity

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Cameron Alexander Smith

New York City Law Seeks to Curb Artificial Intelligence Bias in Hiring

Seyfarth Synopsis: A new law in New York City restricts the use of artificial intelligence (“AI”) to screen candidates for employment or promotion, and will take effect on January 1, 2023. Although employers have a year to… more

Artificial Intelligence, Employer Liability Issues, Hiring & Firing, Job Applicants, Popular

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Frederick Smith

Minnesota’s New Recreational Cannabis Law Results in First-Of-Its-Kind Drug Testing Scheme

Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis for… more

Drug Testing, Employment Policies, Hiring & Firing, Job Applicants, Marijuana

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Georgia Hill Smith

Updated SFO Guidance: Familiar Framework, Sharper Focus—Timing Is Everything

The Serious Fraud Office (SFO) is raising the stakes. With the publication of new Co-operation and Enforcement Guidance on 24 April 2025, the agency is ramping up enforcement and clarifying expectations for corporate engagement… more

Anti-Corruption, Cooperation, Corporate Crimes, Corporate Liability, Deferred Prosecution Agreements

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Glenn Smith

Consent Orders Are Dead.

Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s practice… more

Administrative Law Judge (ALJ), Consent Order, Employees, Employer Liability Issues, Federal Labor Laws

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Jason Smith

Coronavirus Pandemic: My Construction Agreement Has a Force Majeure Clause, So Now What?

With the exponential spread of COVID-19, owners, contractors, and design professionals are recognizing the substantial impact this pandemic will have on the construction industry… more

Construction Industry, Contractors, Coronavirus/COVID-19, Federal Contractors, Force Majeure Clause

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Vince Smolczynski

CIPA’s Cookie Exception Bill (SB 690) Passes Senate, Proceeds to State Assembly

On June 3, 2025, the California Senate unanimously passed Senate Bill 690 (SB 690), a bill that seeks to add a “commercial business purposes” exception to the California Invasion of Privacy Act (CIPA)… more

California, California Consumer Privacy Act (CCPA), CIPA, Data Collection, Data Privacy

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Dawn Reddy Solowey

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction industry… more

Anti-Harassment Policies, Construction Industry, Discrimination, Employees, Employer Liability Issues

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Amanda Sonneborn

More Trouble For Plan Administrators In Drunk Driving Cases

The Fifth Circuit adds to the growing body of case law requiring more detailed reviews of claims for life insurance or accidental death and dismemberment benefits following accidents resulting from drunk driving… more

Car Accident, Denial of Benefits, Drunk Driving, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Irine Sorser

DOL Issues New Guidance Streamlining the Voluntary Fiduciary Correction Program

The Department of Labor (DOL) has issued a much awaited amendment to its Voluntary Fiduciary Correction Program (VFC Program). Notably, the amendment adds a self-correction feature for the delinquent transmittal of participant… more

Compensation & Benefits, Department of Labor (DOL), EBSA, Employee Benefits, Excise Tax

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Hannah Sosenko

Imminent Employment Law Changes for Illinois Employers

On January 1, 2025, employers in Illinois must be poised to comply with the looming changes to a host of existing and newly enacted employment laws. The changes reflect the state’s ongoing expansion of workers’ rights and… more

Child Labor, Employee Rights, Employer Liability Issues, Employment Discrimination, Equal Pay

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James Sowka

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

See all updates »

Benjamin Spater

SECURE Act 2.0: Hold My Beer

Seyfarth Synopsis: The SECURE Act, passed just before the onset of the COVID-19 pandemic at the end of 2019 (“SECURE 1.0”), significantly altered the retirement plan landscape. For a reminder on how the SECURE Act changed the… more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Retirement

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Jared Speier

Home Sweet Home Office: Considerations With Remote Employees

Seyfarth Synopsis: Although the concept of working remotely may seem simple, employers must consider several issues before allowing employees to work from home… more

Employer Liability Issues, Labor Code, OSHA, Telecommuting, Wage and Hour

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William Spinola

Know the Rules or Get Burned: TTAB Smolders Oppositions for Failure to Prosecute

In Adaptive Energy LLC v. Central Coast Agriculture, Inc., the Trademark Trial and Appeal Board (“Board”) dismissed two oppositions for failure to prosecute. Oppositions Nos. 91275644 and 91280840 (April 11, 2025). The Board… more

Administrative Law Judge (ALJ), Dismissals, Evidence, Filing Deadlines, Litigation Strategies

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Jasmine Stanzick

Ransomware with Data Exfiltration and Threatened Leak Extortion

Seyfarth Synopsis: The attorney-client privilege is a bedrock legal principle that protects a client from providing a court or adversary with confidential communications exchanged in the course of providing or receiving legal… more

Cyber Attacks, Cybersecurity, Data Protection, Hackers, Malware

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Andrew Stark

Supreme Court of Kentucky Rules That Firms May Require Lawyers to Sign Non-Solicitation Agreements That Exempt Legal Work

A law firm can terminate an at-will lawyer who refuses to sign an agreement prohibiting them from soliciting the firm’s customers or clients following cessation of employment, according to the Supreme Court of Kentucky. In… more

Appeals, At-Will Employment, Contract Terms, Employer Liability Issues, Employment Litigation

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Michael Steinberg

Supreme Court Rejects Heightened Prima Facie “Background Circumstances” Test for Majority Group Plaintiffs

In a unanimous decision, the Supreme Court vacated the dismissal of a heterosexual woman’s Title VII claims, concluding that she was improperly subjected to a heightened prima facie standard that required her to show “background… more

Ames v Ohio Department of Youth Services, Appeals, Disparate Treatment, Employees, Employment Discrimination

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Eric Steinert

SEC Claws Back Award for Dawdling Whistleblower, as Feds Signal Changes in Award Eligibility

Seyfarth Synopsis: Last week, the Securities and Exchange Commission released an Order Determining Whistleblower Award Claim holding that the whistleblower’s award should be reduced to 20% of the monetary sanctions collected in… more

Corporate Counsel, Dodd-Frank, Rule 21F, Securities and Exchange Commission (SEC), Securities Violations

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Tatiana Sterling

The New Standard for Reasonable Accommodations in the Second Circuit

The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employee Rights

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Michael Stevens

SCOTUS Upholds Arkansas PBM Law Against ERISA Preemption Arguments

Seyfarth Synopsis: The Supreme Court unanimously upheld Act 900, an Arkansas law regulating Pharmacy Benefit Managers (PBMs). The opinion could be used as a framework for states to attempt to indirectly regulate ERISA plans via… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Pharmacy Benefit Manager (PBM), Preemption, SCOTUS

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Penny Stevens

A decade in Australia: Seyfarth’s partners reflect on changes in employment and workplace safety law

Seyfarth just celebrated ten years of service to leading employers in Australia. To mark the occasion, we invited some of our partners to share insights on the evolution of employment, industrial relations and workplace safety… more

Australia, Compliance Management Systems, Employees, Employer Liability Issues, Employment Policies

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Robert Stevens

Florida Becomes Most Employer-Friendly State for Non-Competes

As jurisdictions around the country continue to impose limitations—or outright bans—on restrictive covenants, Florida is taking a decidedly different approach… more

Employees, Employment Contract, Employment Policies, Florida, Garden Leave

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Courtney Stieber

New York State’s Proposed At-Will Prohibition: The “Big Apple” Does Not Fall Far From the Tree

Seyfarth Synopsis: Like the New York City Council, the New York State legislature is considering a bill to effectively abolish at-will employment. If passed, the State bill would prohibit employers from discharging employees… more

At-Will Employment, Employer Liability Issues, Hiring & Firing, State Labor Laws

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Brian Stolzenbach

Employers Beware: Potential Rise in Union Corporate Campaigns

Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration,… more

Employer Liability Issues, NLRB, Regulatory Reform, Risk Management, Trump Administration

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Jessica Stricklin

Executive Compensation at Tax-Exempt Organizations Back in the Limelight – IRS Issues New Guidance

Seyfarth Synopsis: The IRS recently issued proposed regulations providing guidance under Internal Revenue Code (“Code”) Section 4960, which provides for an excise tax on tax-exempt organizations that pay certain executives in… more

Compensation & Benefits, Employee Benefits, Excise Tax, Executive Compensation, Golden Parachutes

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Janice Suchyta

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)… more

Appeals, CARES Act, Department of Labor (DOL), Domestic Workers, Employer Liability Issues

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Eric Suits

More Laundry? Keeping Uniforms Clean in the Time of COVID

Seyfarth Synopsis: In the popular PBS show Downton Abbey, a large staff attends to the every domestic need of the British Earl and his family. Those of us somewhat less fortunate have likely felt the additional household burdens… more

Coronavirus/COVID-19, Employer Liability Issues, Occupational Exposure, Risk Management, Sanitation

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Alisha Sullivan

SECURE Act 2.0: Hold My Beer

Seyfarth Synopsis: The SECURE Act, passed just before the onset of the COVID-19 pandemic at the end of 2019 (“SECURE 1.0”), significantly altered the retirement plan landscape. For a reminder on how the SECURE Act changed the… more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Retirement

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Julia Sutherland

Trademark Offices Worldwide Respond to COVID-19: A Survey of Extensions, Announcements, and Status Information (UPDATED)

Trademark offices around the world have adjusted their practices in response to the global COVID-19 pandemic. Many trademark offices extended or suspended deadlines… more

Administrative Proceedings, Business Closures, Coronavirus/COVID-19, Filing Deadlines, Intellectual Property Protection

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Tucker Sutlive

White House Implements Plans to Facilitate Office-to-Residential Conversions

Seyfarth Synopsis: With the cooperation of federal agencies such as the Department of Housing and Urban Development (HUD) and the Department of Transportation (DOT), the White House has established plans to use grants and… more

Affordable Housing, Community Development Block Grants, Consumer Financial Products, Department of Transportation (DOT), Financing

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Ian Sutton

Washington Legislature Backs Several Pro-Housing Bills Benefitting Developers and Contractors

The 2023 Washington legislative session concluded on Sunday, with Washington lawmakers showing clear support for stakeholders in the housing industry by making it easier to build homes and apartments across the state… more

Housing Developers, Land Developers, State Legislatures, Urban Planning & Development, Zoning Laws

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Samuel Sverdlov

Deaf Man Demands Closed Captioning For Porn Videos In Federal Lawsuit

Seyfarth Synopsis: Purveyors of porn are being sued for offering online videos without closed captioning… more

Adult Entertainment, Americans with Disabilities Act (ADA), Closed Captioning, Corporate Counsel, Hearing-Impaired

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Russell Swapp

U.S. Immigration Alert: Department of State Establishes H-1B Visa Renewal Pilot Program in the United States

Seyfarth Synopsis: The below summarizes the Department of State’s Formal Notice to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens… more

Employees, H-1B, Hiring & Firing, Immigration Procedures, Non-Citizens

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James Swartz Jr.

New Frontier in COVID-19 Vaccine Litigation

Seyfarth Synopsis: Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance… more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), Employer Liability Issues, Employer Mandates, Employment Policies

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Dan Swedlow

New Rules for Waiving Meal Breaks in Washington Health Care Facilities

Some Washington healthcare employers will be subject to new requirements for meal and rest breaks starting next year. Moving forward, under amended RCW 49.12.480, there are new hoops these employers must jump through in order to… more

Employee Benefits, Employee Rights, Employment Policies, Healthcare Facilities, Healthcare Workers

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Sara Sweeney

Emergency Childcare: State-Specific Measures

As follow-up to our overview “Emergency Childcare: A Guide for Health Care Providers,” below is a deeper dive on some state-specific considerations. There are some impactful measures that some states have already taken which… more

Centers for Medicare & Medicaid Services (CMS), Child Care, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers

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Deborah Swett

Immigration-Related FAQs In Response to President Trump’s Recent Executive Orders, as of February 2, 2017

Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration… more

Adjustment of Status, Citizenship, Customs and Border Protection, Department of Homeland Security (DHS), Dual Citizenship

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Ryan Swindall

Georgia Law on "Act of God" and the COVID-19 Pandemic

Force majeure provisions are top of mind for many businesses today because of the pandemic of SARS-CoV-2, which causes the novel coronavirus disease called COVID-19. “Pandemics” are typically not specified in general commercial… more

Act of God, China, Construction Contracts, Contract Terms, Coronavirus/COVID-19

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Jamaica Potts Szeliga

FDA Issues Emergency Use Authorization for COVID-19 Vaccine

On December 11, 2020, FDA issued the first emergency use authorization (“EUA”) for a vaccine to prevent COVID-19. The vaccine, developed by Pfizer-BioNTech, is authorized for those 16 years of age and older… more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA Approval, Food and Drug Administration (FDA), Infectious Diseases

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JoAnn Szucs

Finally! DOL Issues Final Regulations for the E-Delivery of Retirement Plan Disclosures

After a long process, which stretched on for over a decade, on May 27, 2020, the Department of Labor (“DOL”) published final regulations regarding the electronic delivery of required disclosures under the Employee Retirement… more

Department of Labor (DOL), Electronic Data Transmissions, Employee Benefits, Employee Retirement Income Security Act (ERISA), Notice Requirements

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Robert Szyba

New Jersey Supreme Court Finds Commissions Are Considered “Wages” Under State Law

On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation… more

Compensation & Benefits, Employee Rights, Employees, Employer Responsibilities, Employment Litigation

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Michael Szymanski

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs for… more

Contract Disputes, Contract Terms, Energy Policy, Force Majeure Clause, Foreign Policy

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Pete Lawrence Talibart

The emerging law on women’s advancement programs and transgender rights: a cross-border perspective

The landscape of transgender employment laws is evolving globally, with various jurisdictions adopting laws that ensure inclusivity and non-discrimination in the workplace. This area is one of the most complex issues in… more

Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Employment Litigation, Gender Discrimination

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Jadene Tamura

Practical Estate Planning Considerations During a Pandemic

While the safety of your family is of first priority, the current health and economic crisis caused by COVID-19 raises issues and presents estate planning opportunities for your consideration… more

Death Tax, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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Michael Tamvakologos

Why the negative impact of non-competes is overstated (Part 2)

As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a… more

Australia, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Elizabeth Tan

Will Australians connect with the right to disconnect?

The right to disconnect has been in the media a lot. But if we look behind the headlines, what impact is it actually going to have?… more

Australia, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Ken Tang

2024 Company Law Changes in China: What Foreign Investors Need to Know Before July 1

Amendments to the Company Law of the People's Republic of China (the “New Company Law”) were passed on December 29, 2023, and will come into effect on July 1, 2024… more

Capital Contributions, China, Company Law, Foreign Investment, Shareholders

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Arthur Telegen

New York Bill Aiming to Protect Organized Labor Seeks to Overstep the Purpose and Scope of the NLRA and NLRB

On Tuesday, June 17, 2025, the New York State Assembly overwhelmingly approved A8590 / S8034 by a vote of 128-14. This bill, which now heads to Governor Kathy Hochul’s desk, aims “[t]o make sure employees still receive… more

Constitutional Challenges, Employee Rights, Employees, Federal Labor Laws, Government Agencies

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John Telford

Potential Path for Carriers and Employers to Enjoin Strikes over COVID-19 Issues: Court Rejects Union’s Effort to Use Safety Statute to Justify Illegal Strike

Seyfarth Synopsis: Many employers have been dealing with threats of COVID-19 related work stoppages over the past several months. Whether such strike activity is subject to no-strike clauses under the National Labor Relations… more

Coronavirus/COVID-19, NLRA, Railway Labor Act, Strike, Unions

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Robert Terzoli Jr.

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet… more

Administrative Law Judge (ALJ), Employee Handbooks, Employee Rights, Employees, Employer Liability Issues

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Nolan Theurer

7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed to… more

Adverse Employment Action, Americans with Disabilities Act (ADA), Associational Discrimination, Disability Discrimination, Equal Employment Opportunity Commission (EEOC)

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Sadé Tidwell

Trump Administration Issues Significant Executive Order: "Combating Race and Sex Stereotyping"

Seyfarth Synopsis: This week, President Trump issued an Executive Order on "Combating Race and Sex Stereotyping.” The Executive Order will impact federal contractors, federal agencies and federal grant recipients in certain key… more

Bias, Civil Rights Act, Deregulation, Diversity, Diversity and Inclusion Standards (D&I)

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Ryan Tikker

OMG! OMB Reviewing Long-Awaited Mental Health Parity Regulations – Public Release Imminent

Seyfarth Synopsis: Employer health plan sponsors, administrators, and insurers have been eagerly awaiting the U.S. Department of Labor’s upcoming guidance on mental health parity. According to recent reports, newly proposed… more

Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, Health Insurance, Healthcare

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Ryan Tilot

Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call upon… more

Class Action, Commercial Bankruptcy, Commercial Court, Commercial Litigation, Cybersecurity

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John Tomaszewski

Practical Insights from China on the Newly Issued Provisions on Cross-Border Data Transfer

On March 22, 2024, following nearly six months after the publication of the Provisions on Promoting and Regulating Cross-border Data Flows (Draft for Solicitation of Comments), the Cyberspace Administration of China (“CAC”)… more

China, Data Protection, Employees, Human Resources Professionals, International Data Transfers

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John Toner

Working Remotely, NLRB Continues Delivering On Certain Appointed Rounds

Seyfarth Synopsis: During the COVID-19 crisis, the NLRB (for the most part) has truncated its operations to those operations and functions that can proceed without threatening the health of its employees or the public… more

Collective Bargaining, NLRB, Telecommuting, Unions

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Megan Toth

Oregon Paid Family and Medical Leave Insurance Program is Here

What You Need to Know - Oregon Paid Family and Medical Leave (“OR PFML”) premium withholdings began January 1, 2023… more

Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave, Wage and Hour

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Sarah Touzalin

Catching-Up on Catch-Up Contribution Changes

New proposed regulations issued by The Department of Treasury and IRS provide guidance on the provisions related to catch-up contributions that were included under SECURE 2.0 Act of 2022 (“SECURE 2.0”)… more

401k, Benefit Plan Sponsors, Compensation & Benefits, Contribution Limits, Employee Benefits

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Raymond Tran

Forbearance Principles And Practice

In the next couple of weeks, landlords will know who can pay rent. In April, lenders will know which landlords can pay their mortgages. No one knows how long the pandemic and revenue disruption will last. In the interim, a… more

Coronavirus/COVID-19, Forbearance Agreements, Landlords, Lenders

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Maura Travers

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will again… more

Conditional Job Offers, Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, H-1B

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Megan Troy

Do ERISA Fiduciaries Have The Burden Of Proof On Loss Causation? — The Solicitor General Will Now Advise Whether The Supreme Court Should Provide The Answer

Seyfarth Synopsis: There is a deep circuit split on who bears the burden of proving loss causation on ERISA breach of fiduciary duty claims… more

Burden of Proof, Burden-Shifting, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Juanita Vera Trujillo

Remote Work via Digital Nomad Visas in Latin America and Spain: Key Employer Considerations

After the COVID-19 pandemic, the trend to work remotely accelerated. Countries around the world have viewed foreigners working remotely abroad as an opportunity to earn income and boost their economies. For employees, remote… more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, International Labor Laws, Remote Working

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Christopher Truxler

“Office” Violence Is No Laughing Matter

Seyfarth Synopsis: Workplace violence is no laughing matter. Although California law arms employers with strict laws to prevent workplace violence, no one wants to find themselves petitioning a court for emergency injunctive… more

Employer Liability Issues, Hostile Environment, Policies and Procedures, Risk Mitigation, Workplace Hazards

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Gregory Tsonis

Illinois Supreme Court Holds Workers’ Compensation Act Does Not Bar BIPA Claims

Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an employer… more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Fingerprints, IL Supreme Court

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Trevor Tullius

Updated Guidance on NAV-Based Facilities for Private Equity Strategies

Net Asset Value (NAV)-based financing facilities (“NAV Facilities”) continue to proliferate in private equity. In response, the Institutional Limited Partners Association (ILPA) released comprehensive new guidance making the… more

Institutional Investment, Institutional Investors, Institutional Limited Partners Association (ILPA), Investment, Investors

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Coby Marie Turner

Legislative Update: The End of the Road (for 2023)

Seyfarth Synopsis: While Governor Newsom vetoed several impactful bills prior to his October 14, 2023, signing deadline, he approved a wide array of new laws with which businesses will need to comply with in 2024 and beyond,… more

California, Employees, Employment Contract, Health Care Providers, Labor Code

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DeJa Turner

The Legal Landscape of Fan Art

In the digital age, fans have embraced the opportunity to put a spin on famous corporate logos. Reimagining logos may be a way for consumers to express a connection they have to the brands, teams, and franchises they love and… more

Art, Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership

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Joseph Turner

Halloween Bill Provides A Scare By Seeking To Prohibit Workplace Arbitration Altogether

Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims, despite a string of United States Supreme Court decisions upholding arbitration and… more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Annette Tyman

DOJ Doubles Down on DEI and Antidiscrimination Obligations for Recipients of Federal Funds

The U.S. Department of Justice recently issued a memorandum providing additional clarity and guidance on DEI-related programs and policies. The memo emphasizes that federally funded entities may not make decisions—such as… more

Affirmative Action, Anti-Discrimination Policies, Department of Justice (DOJ), Deregulation, Diversity and Inclusion Standards (D&I)

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Ryan Tzeng

PBGC Addresses Withdrawal Liability Assumptions For First Time In New Proposed Rule

Seyfarth Synopsis: On October 14, 2022, the Pension Benefit Guaranty Corporation (“PBGC”) published its proposed rule under ERISA Section 4213 (the “Proposed Rule”), which sets forth for the first time the agency’s guidance on… more

Comment Period, Employee Benefits, Employee Retirement Income Security Act (ERISA), Interest Rates, Multiemployer Pension Plan Amendments Act (MPPAA)

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Gena Usenheimer

Expense Reimbursements in the Era of Remote Working

Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are… more

Coronavirus/COVID-19, Employer Liability Issues, Fair Labor Standards Act (FLSA), Reimbursements, Remote Working

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Breanne Vaclavik

FinCEN Reinstates BOI Reporting Under the Corporate Transparency Act

Following the February 18, 2025 ruling by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., the beneficial ownership information (BOI) reporting requirements… more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, Filing Deadlines, Filing Requirements

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Parnian Vafaeenia

Paging Healthcare Workers! California Legislature Passes Bill Raising Minimum Wages (UPDATED)

Update: On May 31, 2024, Governor Newsom passed S.B. 828, which delays implementation of S.B. 525, the health care minimum wage law signed by Governor Newsom on October 13, 2023. S.B. 828 delays all of the minimum wage… more

California, Employees, Employer Liability Issues, Healthcare, Healthcare Facilities

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Tushar Vaidya

COVID-19 Remote Workforce Risks – Preservation, Compliance, Privacy, and Data Security Risks

In response to the COVID-19 crisis, nearly all companies and organizations were abruptly forced to transition portions of, and in many cases, their entire workforce to remote work… more

Coronavirus/COVID-19, Cybersecurity, Data Protection, Information Technology, Malware

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Megan Vallerie

A Roadmap for CRE Loan Document Review in connection with Waiver, Forbearance and Modification Requests During the COVID-19 Pandemic

As income streams are interrupted due to loss of rents in the midst of business closures during the continuing pandemic, many borrowers are reaching out to their lenders to discuss debt service and other relief under their… more

Borrowers, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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Cameron Van

California State Senate Passes Psychedelic Legalization In Latest Wave of the New Psychedelic Revolution

Seyfarth Synopsis: On June 1, 2021, the California State Senate passed Senate Bill 519 which calls for the legalization for non-commercial use of specific psychedelics. This Bill is the newest among the growing list of… more

California, New Legislation, State and Local Government, State Legislatures

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Jim Van Horn

An Early Glimpse into the SEC’s Private Funds Advisor Rule

The Securities and Exchange Commission (SEC) has adopted the long awaited “Private Fund Adviser Rule” (the “PFA”). The proposed PFA was introduced on February 9, 2022 (“Proposed Rule”), and the SEC has been working with the… more

Disclosure Requirements, Final Rules, Investment, Investment Adviser, Investment Advisers Act of 1940

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Tyler VanLonkhuyzen

LIBOR Discontinuance Update - What You Should Know

As you likely know by now, in July 2017 the U.K.’s Financial Conduct Authority announced that LIBOR will be phased out by 2021… more

Interest Rates, Libor, Loans, Secured Overnight Funding Rate (SOFR), UK

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Bill Varade

Paid Leave and Coronavirus — Part 30: Paid Leave For COVID-19 Vaccines and “Kin Care” Come to Nevada

Seyfarth Synopsis: Nevada Governor Steve Sisolak recently signed into law Senate Bill 209 (“SB209”) and Assembly Bill 190 (“AB190”). SB209 requires private employers to provide employees with up to four hours of paid leave to… more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Paid Leave, Paid Time Off (PTO)

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Pamela Vartabedian

Taking a Slice Out of Parker: District Court Rejects Sixth Circuit’s Reimbursement Standard for Pizza Delivery Drivers

In March 2024, the Sixth Circuit in Parker v. Battle Creek Pizza, Inc. announced a new standard for assessing vehicle reimbursements under the FLSA. The Sixth Circuit rejected both employees’ requests for the use of the IRS rate… more

Delivery Drivers, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Federal Labor Laws, IRS

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Joseph Vele

Trump Administration Releases AI Action Plan and Three Executive Orders on AI: What Employment Practitioners Need to Know

On July 23, 2025, the White House released “America’s AI Action Plan” and President Trump signed three Executive Orders addressing AI development, federal procurement, and infrastructure. The 25-page AI Action Plan focuses on… more

Artificial Intelligence, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employee Rights, Employees

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Gabriele Vennewald

December 2024 Global Immigration Alert

The Australian government has proposed changes to the temporary skilled worker framework through the introduction of a “Skills in Demand” (SID) visa… more

Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Joseph Vento

You’ve Been WARNed: Washington Enacts a mini-WARN Law

The new law applies to employers with 50+ employees (excluding part-time workers) and mirrors many federal WARN Act provisions, with some notable distinctions… more

Employee Benefits, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Kaley Ventura

Hello… Goodbye… Hello Again: New IRS FAQs Discuss Rehires and Bona Fide Retirements In Light of COVID-Related Labor Shortages

Seyfarth Synopsis: The IRS recently sought to reassure employers that they will not jeopardize their retirement plan’s tax qualified status if they permit employees who have a bona fide separation from service to take a… more

Coronavirus/COVID-19, Employee Benefits, Hiring & Firing, IRS, Retirement Plan

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Bret Vetter

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations in… more

Corporate Counsel, Eavesdropping, Employee Monitoring, Employee Privacy Rights, Employee Rights

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Jordan Vick

The Supreme Court Issues its Long Awaited Decision in Facebook and Clears up the Circuit Split on the Definition of an ATDS

At long last, the Supreme Court issued its ruling on Facebook, Inc. v. Duguid and it is overwhelmingly good news for Defendants… more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, Random or Sequential Number Generator, Robocalling

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Myra Villamor

Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing the… more

Americans with Disabilities Act (ADA), Burden-Shifting, Corporate Counsel, Disability Access Claims, Public Accommodation

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Victoria Vitarelli

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts… more

Class Action, Corporate Counsel, Employees, Employer Liability Issues, Liquidated Damages

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Andrea Vizzo

Fair Work Week Ordinance: Cruel Summer For LA County Employers

Seyfarth Synopsis: Are you ready for it? The record-smashing icon, Taylor Swift, may have taken her tour to Europe, but that doesn’t stop new laws from cropping up back home. The Los Angeles County Board of Supervisors passed… more

City of Los Angeles, Employee Rights, Employees, Employer Liability Issues, Fair Workweek

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Anjali Vohra

FTC Task Force to Challenge Occupational Licensing Regulations: Does your interior designer really need to be licensed?

Acting chairwoman of the Federal Trade Commission, Maureen Ohlhausen, announced her first major policy initiative last week: an Economic Liberty Task Force. Ohlhausen targeted occupational licensing regulations as a major… more

Federal Agency Taskforce, Federal Trade Commission (FTC), Licensing Rules, Regulatory Agenda

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Minh Vu

Facilities Accessibility Standards on the Chopping Block at the Department of Energy

The Department of Energy recently issued a fast-track proposed rule that would eliminate accessibility standards for facilities of recipients of federal funding under Section 504 of the Rehabilitation Act. Is ADA Title III… more

Accessibility Rules, Americans with Disabilities Act (ADA), Department of Energy (DOE), Deregulation, Disability Discrimination

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Nicholas Waddles

The Setting Every Community Up for Retirement Enhancement (SECURE) Act—Now Say That 10 Times Fast!

Seyfarth Synopsis: The SECURE Act—just signed into law late last week—includes probably the most comprehensive revisions to the law governing employer-sponsored retirement plans since the Pension Protection Act of 2006. Many of… more

401k, 403(b) Plans, Compensation & Benefits, Employee Benefits, Individual Retirement Account (IRA)

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Brian Wadsworth

Fresh Off Victory Employer Fresh Products Prevails at the Sixth Circuit

Seyfarth Synopsis: the Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when an… more

ADEA, Age Discrimination, Americans with Disabilities Act (ADA), Disability Discrimination, Race Discrimination

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Michael Wagner Jr.

Civilian Board of Contract Appeals Decision Provides Guidance to Contractors Seeking to Recover Additional Costs Due to COVID-19

While the global economy grinds to a halt over spread of the novel coronavirus (COVID-19) and people disband amidst calls for “social distancing,” these are uncertain times to say the least… more

CARES Act, CBCA, Contract Claims, Contract Disputes, Contract Terms

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Michael Wahlander

Turbulence Ahead: Navigating Political Speech in the Workplace during an Election Year and Global Pandemic

Seyfarth Synopsis: In a tumultuous year full of social unrest, a pandemic, and a Presidential election, it is no wonder employers find themselves grappling with how—and whether—to regulate politics in the workplace. Options for… more

Coronavirus/COVID-19, Employment Policies, First Amendment, Free Speech, Freedom of Expression

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Paul Waldera

Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional Certification

Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age… more

ADEA, Age Discrimination, Corporate Counsel, Employer Liability Issues, Employment Litigation

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Daniel Waldman

Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we… more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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Renate Walker

If Pain, Yes Gain – Part 133: Alaska Paid Sick Leave Law Went Into Effect YESTERDAY

As we previously reported, in November 2024, Alaska voters approved a paid sick leave ballot initiative that called for a statewide paid sick leave law to go into effect July 1, 2025… more

Alaska, Compensation & Benefits, Employee Benefits, Employee Rights, Employees

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Eric Walz

Franchising during the Coronavirus recession

Franchise systems around the country are confronting unprecedented challenges and business disruptions from the spread of the coronavirus (COVID-19)… more

Business Closures, Business Interruption, Coronavirus/COVID-19, Franchises

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Ping Wang

Property Owner Not Liable for Injury to Employee of Independent Contractor –12.6 Million Verdict Reversed

Seyfarth Synopsis: California’s Second District Court of Appeal recently reversed a 12.6 million jury verdict in favor of an independent contractor’s employee for injuries he suffered from a broken roof hatch of a commercial… more

California, Employees, Employer Liability Issues, Employment Policies, Independent Contractors

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Yu Wang

Anti-Foreign Sanctions Law: Update for Companies Doing Business in China

Potential penalties for companies and individuals that comply with foreign sanctions law have been introduced by a series of legal developments in China that could make it difficult for those doing business in China to find ways… more

China, Economic Sanctions, Foreign Corporations, National Security

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David Warburg

SEC Proposes New Rules that would Exempt Certain “Finders” from Registration as Brokers

Seyfarth Synopsis: The Securities and Exchange Commission currently takes the view that "finders" who introduce potential investors to a company must register as brokers if they receive compensation based on the amount of… more

Broker-Dealer, Financial Services Industry, Financial Transactions, Finders, Fund Managers

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Jay Wardlaw

Lender Perspectives on Property Assessed Clean Energy (PACE) Loans

Property Assessed Clean Energy (“PACE”) financing is a fast-growing source of potential capital available to developers and property owners throughout the country. Available for use with both commercial properties (in which case… more

Clean Energy, Lenders, PACE, Property Owners

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Elisabeth Watson

Changes Coming to CA COVID-19 Requirements

Seyfarth Synopsis: Two big changes are on the horizon for California employers:(1) changes to the COVID-19 general exposure notification requirements and (2) a proposed “permanent” Cal/OSHA COVID-19 standard to take effect… more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Timothy Watson

Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says

Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must… more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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Kathryn Weaver

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 3)

In Part 3 of our series, we’ll look at the standard of proof, the conduct of interviews, how each country aims to protect confidentiality and whistleblowers, and privacy… more

Asia, Australia, Confidentiality Agreements, Cross-Border, Data Privacy

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Erik Weibust

President Biden Issues Executive Order Encouraging the FTC to Consider Curtailing the Use of “Unfair” Non-Competes, but Without Providing any Additional Guidance or Details

On Friday, July 9, 2021, the Biden Administration released its executive order on “Promoting Competition in the American Economy.” We previously wrote about the forthcoming order and predicted that the executive order’s… more

Biden Administration, Department of Justice (DOJ), Employment Contract, Executive Orders, Federal Trade Commission (FTC)

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Cameron Weil

The Corporate Transparency Act: Considerations for Special Purpose Entities in Commercial Real Estate Transactions

Corporate structures in commercial real estate transactions can often be very complex and involve layers of entities. Special purpose entities that are bankruptcy remote (“SPEs”) are frequently used in commercial real estate… more

Bankruptcy Court, Banks, Beneficial Owner, Borrowers, Commercial Real Estate Market

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Philippe Weiss

Return to Work Communications and Training Checklist

With millions of employees returning to worksites across the country, and given COVID-19’s reach, providing every team member with practical guidance and training on how to protect co-workers and others is becoming increasingly… more

Coronavirus/COVID-19, Employee Training, Employer Liability Issues, Employer Responsibilities, Internal Communications

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Margarita Weissman

A Look Back at the 2025 New York Legislative Session

With the 2025 New York legislative session now completed, several bills that passed both the Senate and Assembly may be headed to the Governor for signature, but two significant bills that passed the Senate did not pass the… more

Disparate Impact, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Ori Weisz

Federal Court: New York City COVID-19 Guaranty Law Unconstitutional

On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York issued her highly anticipated ruling in the latest iteration of Melendez et al v. The City of New York, et al. Judge Abrams granted… more

CARES Act, Commercial Leases, Commercial Litigation, Coronavirus/COVID-19, Guaranty Claims

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Andrew Welker

California Court Of Appeal Denies Oracle’s Petition For A Writ Of Mandate Or A Writ Of Prohibition To Reverse Class Certification Order

Seyfarth Synopsis: On April 30, 2020, the California Superior Court granted class certification against Oracle America Inc., allowing former employees to represent a class of over 4,100 women for claims of alleged discrimination… more

CA Supreme Court, Class Action, Class Certification, Equal Pay, Equal Pay Act

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Wendy Thomas Wendrowski

New York City’s Construction Restart: What Should A Project Owner Expect from Its General Contractor?

Seyfarth Synopsis: New York City construction projects are set to resume, after Governor Cuomo’s shutdown of most construction projects in New York in late-March 2020 to combat the spread of COVID-19. This Legal Update… more

Business Closures, Business Interruption, Construction Project, Contact Tracing, Coronavirus/COVID-19

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Geoffrey Westbrook

California’s Mandate: Give Me Vaccinations, Or Give Me Tests!

Seyfarth Synopsis: On July 26, 2021, Governor Newsom, announced that California state workers and workers in “health care” and “high-risk congregate settings” will be mandated to either show proof of being fully vaccinated, or… more

Coronavirus/COVID-19, Governor Newsom, Infectious Diseases, Public Health, Vaccinations

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Shireen Yvette Wetmore

Risky Business: State and Local Orders Threaten Individuals Crossing State Lines with Mandatory Quarantine

Increasing fears about community spread of COVID-19 have caused a growing number of states and other localities to issue orders requiring those who are traveling to or returning to the state from out-of-state or specific… more

Coronavirus/COVID-19, Emergency Management Plans, Quarantine, Traveling Employee, Workplace Safety

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Howard Wexler

New York Releases FAQs, Model Training, and Model Policy for Retail Workplace Violence Prevention Law

A workplace violence prevention law passed by the New York State legislature in June 2024, signed into law by the Governor in September 2024, and amended in February 2025 is set to take effect in part on June 2, 2025. On May… more

Employee Rights, Employee Training, Employees, Employer Liability Issues, Employer Responsibilities

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Michael Wexler

Wyoming Bans Most Non-Compete Agreements Starting July 1, 2025

Wyoming, with the introduction of Wyo. Stat. §1-23-108, banned most non-compete agreements for contracts signed on or after July 1, 2025, but with several meaningful exceptions… more

Acquisition Agreements, Contract Drafting, Contract Terms, Employee Rights, Employment Contract

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Daniel Whang

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Paul Whinder

UK Labor Law – Legislation For Proposed Significant Reforms Unveiled

The UK’s new Labour government published its highly anticipated Employment Rights Bill last week. In total, the draft Bill contains 28 stand-alone employment law reforms (including many of the changes that we outlined in our… more

Employee Benefits, Employee Rights, Employer Liability Issues, Flexible Work Arrangements, Gender-Based Pay Discrimination

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Robert Whitman

A Look Back at the 2025 New York Legislative Session

With the 2025 New York legislative session now completed, several bills that passed both the Senate and Assembly may be headed to the Governor for signature, but two significant bills that passed the Senate did not pass the… more

Disparate Impact, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Joel Wilde

Mental Health Compliance Report Issued to Congress Spoiler Alert – Plans All Fail

Seyfarth Synopsis: The Mental Health Parity and Addiction Equity Act (MHPAEA) requires group health plans and insurers to cover treatments for mental health and substance use disorders in a manner that is equitable to the plans'… more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), EBSA, Employee Benefits

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Amanda Williams

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an… more

ABC Test, Department of Labor (DOL), Employee Definition, Enforcement, Freelance Workers

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Rich Williamson

Finger Pointing On Agreement Approvals But…

Lots has been said recently in the press about enterprise agreement making and the approval process by the Fair Work Commission (FWC). In short, the numbers of agreements being made is down and approval times are “long”. The… more

Australia, Enterprise Agreements, Fair Work Commission, International Labor Laws, Labor Regulations

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Alan Wilmit

How Now, High Five? IRS Issues Proposed Regulations for the Expanded Definition of “Covered Employee” Under Section 162(m) that Applies Beginning in 2027

On January 16, 2025, the IRS issued proposed regulations under Section 162(m) of the Internal Revenue Code of 1986 (the “Code”), which limit the amount of compensation a publicly held corporation may deduct for wages paid to its… more

Compensation & Benefits, Corporate Counsel, Corporate Governance, Employee Benefits, Highly Compensated Employees

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Dallin Wilson

Maine Legislature to Consider Amendment to Right to Repair Law While Other States Ponder Legislation of Their Own - Seyfarth's Future of Automotive Series

On May 15, 2025, the Maine Joint Committee on Housing and Economic Development voted to allow the full Maine legislature to consider an amendment that would narrow the scope of the state's Right to Repair law. The law, which was… more

Automotive Industry, Consumer Privacy Rights, Data Collection, Manufacturers, Motor Vehicles

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David Wilson

California Supremes Set Bounds on Employer Duty to Non-Workers

Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy… more

CA Supreme Court, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Employment Policies

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Gabrielle Wilson

A puzzle for employers: the future of work health and safety laws in Australia

The last several months have seen rapid changes in the employment and workplace health and safety space. With such dynamic movement, and then lots of commentary on each of these changes, it’s easy to view all these changes as… more

Australia, Employer Liability Issues, Employer Responsibilities, Health and Safety, International Labor Laws

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Jean Wilson

Massachusetts Pay Data Reporting Deadline Almost Here – What do Employers Need to File?

The Massachusetts Executive Office of Labor and Workforce Development (EOLWD) has confirmed that employers subject to the new Massachusetts pay data reporting law will only have to submit their most recent EEO forms even though… more

Data Collection, Employer Liability Issues, Filing Deadlines, Gender-Based Pay Discrimination, Pay Data

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Robert Wilson

Ten Tips for Franchisors This FDD Renewal Season

Federal law requires franchisors to update their franchise disclosure documents (“FDD”) within 120 days after their fiscal year end (“FYE”). State registrations must also be renewed annually. Here are ten best practices for… more

Disclosure Requirements, Franchise Agreements, Franchise Disclosure Document, Franchisee, Franchises

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Kenneth Wilton

Avoiding Fumbles and Penalties in California with Influencer Classification

Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed… more

California, EDD, Employees, Employer Liability Issues, Independent Contractors

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David Winkler

The Second Circuit Creates a Circuit Split on Whistleblower Claim Standards

In a decision with potentially wide-ranging implications for federal whistleblower protection law, the Second Circuit has held that plaintiffs who allege they were punished by their employers for whistleblowing activity, and who… more

Adverse Employment Action, Anti-Retaliation Provisions, Burden-Shifting, Employer Liability Issues, Employment Litigation

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Kyle Winnick

New York Sharply Curtails Damages for Weekly Pay Violations

The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law… more

Class Action, Damages, Employee Rights, Employees, Employer Liability Issues

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Mason Winters

City of Los Angeles Approves Broad COVID-19 Vaccine Verification Mandate For Public Places

Seyfarth Synopsis: On October 6, 2021, the City Council of Los Angeles approved, and Mayor Garcetti signed, an ordinance that will require patrons to show proof of COVID-19 vaccination before entering many indoor locations in… more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Local Ordinance, Vaccinations

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Sam Witton

We Care About Machines, But Will They Care About Us?

Our clients care about “machines” (including “robots”, artificial intelligence, biometrics and the harnessing of big data) being developed as a result of innovation and technology because of the unprecedented efficiencies and… more

Automation Systems, Cybersecurity, Innovative Technology, Robotics

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Owen Wolfe

Boxing Out Competitors: WNBA Star Angel Reese’s Growing Trademark Portfolio

Angel Reese—the former LSU basketball superstar who now plays for the Chicago Sky in the WNBA—made headlines recently when she filed an application to register MEBOUNDS as a trademark for clothing and related items (Serial No… more

Athletes, Brand, Celebrity Endorsements, Intellectual Property Protection, Name and Likeness

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Jonathan Wolfert

Ohio Courts: A Microcosm of the Judiciary’s Struggle to Address Insurance Coverage in the Wake of the COVID-19 Pandemic

Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or not)… more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Insurance Litigation

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Joe Wonderly

Washington Supreme Court Rejects Noncompete Provision Barring Employees Competitors

A recent Washington State Supreme Court decision addressed a simmering conflict between the statutory right of employees earning less than double minimum wage to work a second job, on the one hand, and employees’ duty of loyalty… more

Competition, Employee Rights, Employment Contract, Employment Litigation, Employment Policies

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Fanny Wong

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in… more

Administrative Procedure Act, Corporate Counsel, Department of Homeland Security (DHS), Deportation, Due Process

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Joni Wong

Gender Diversity in the Boardroom – Where are We Now in Hong Kong and APAC?

Introduction - Diversity & inclusion remains a priority for many businesses, even during these challenging times. A large part of recent conversation concerns encouraging greater female representation on corporate boards –… more

Board of Directors, Corporate Governance, Diversity, Gender Equity, Woman Board Members

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Raymond Wong

Hong Kong Launches Company Re-domiciliation Regime

In a move to enhance Hong Kong’s status as a global business and financial hub, and to attract foreign companies to take advantage of Hong Kong’s taxation system and professional services–thereby encouraging investment and… more

Business Entities, Corporate Taxes, Eligibility, Filing Requirements, Financial Services Industry

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Laurence Harvey Wood

Navigating Cross Border Whistleblower Investigations: A EU/UK Perspective

"The truth is rarely pure and never simple," said Oscar Wilde, and nowhere is this more evident than in the complex and ever-evolving world of whistleblowing investigations. In the wake of high-profile scandals and the #MeToo… more

Corporate Governance, Cross-Border, EU, Extraterritoriality Rules, Risk Management

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Shawn Wood

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Rebecca Woods

Commercial Litigation Outlook - 2025

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration… more

Artificial Intelligence, Class Action, Commercial Litigation, Competition, Data Privacy

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Kevin Woolf

Effective July 1, 2020, Indiana Requires Notarized Signature of Witness on All Recorded Instruments

Indiana recently amended Indiana Code §32-2-3(a), discussing recording requirements. As a result of this amendment, effective July 1, 2020, all instruments to be recorded in Indiana must be signed and notarized by both the… more

Grantors, Notarization, Recording Requirements, Witnesses, Writ of Execution

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Jeffrey Wortman

California Attempts To Clarify Salary History Ban Legislation

California Governor Brown signed into law yesterday Assembly Bill No. 2282 to clarify previously passed legislation that prohibits inquiries into an applicant’s salary history… more

Employer Liability Issues, Employment Discrimination, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination

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Thomas Wybenga

Washington Increases Minimum Wage and Salary Thresholds for Exemption and Non-Competes

The Washington State Department of Labor and Industries has announced the state minimum wage for 2025. In Washington, the state minimum wage is calculated annually (and generally increases) based on inflation. Effective… more

Employees, Employer Liability Issues, Employment Contract, Exempt-Employees, Labor Reform

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Lilah Wylde

Green Light for a New Era: Final Approval of House v. NCAA Settlement Ushers in Historic Change for College Athletics—and a Complex Compliance Roadmap for Schools

On June 6, 2025, Judge Claudia Wilken of the Northern District of California granted final approval of the landmark House v. NCAA settlement, clearing the way for NCAA Division I schools to directly compensate student-athletes… more

College Athletes, Compensation & Benefits, Educational Institutions, Employer Liability Issues, Name and Likeness

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Simon Yang

Man Bites Dog: This PAGA Lawsuit Is Different

Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless… more

Collective Bargaining Agreements (CBA), Constitutional Challenges, Cruel & Unusual Punishment, Due Process, Employer Liability Issues

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Victoria Yang

China Releases Draft Measures on Security Assessment of Cross-Border Data Transfer

On October 29, 2021, the Cyberspace Administration of China ("CAC") published the "Draft Measures on Security Assessment of Cross-Border Data Transfer" ("Draft Measures") for public comment, which outlines the requirements for… more

China, Cybersecurity, Data Protection, International Data Transfers, Personal Data

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Alan Yoshitake

Year-End Estate Planning for 2024

A record-breaking stock market has again generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer. Gifts and… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Adam Young

Safe Staffing Levels? OSHA and Legal Liabilities

OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe… more

Employee Rights, Employees, Employer Liability Issues, Federal Labor Laws, General Duty Clause

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Kevin Young

PAID Back: DOL Revives Voluntary Self-Audit Program

The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA violations—the… more

Audits, Department of Labor (DOL), Employee Rights, Employer Liability Issues, Employer Responsibilities

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Paul Yovanic

Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns… more

Biometric Information, Biometric Information Privacy Act, Class Action, Damages, Data Collection

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John Yslas

Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?

Seyfarth Synopsis: In acquiring a company in bankruptcy, there is often a tendency to think this guarantees the purchaser will be “free and clear” of any liability (including so-called “successor liability”). This is not… more

Asset Purchaser, Bankruptcy Code, Commercial Bankruptcy, Coronavirus/COVID-19, Employer Liability Issues

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James Yu

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on… more

Competition, Confidential Information, Contract Terms, Employee Mobility, Employer Liability Issues

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Michelle Zakarian

If The Signing’s Not Real, Don’t Count On Appeal

Seyfarth Synopsis: The Court of Appeal affirmed an order denying an employer’s motion to compel arbitration because the employer failed to authenticate the employee’s electronic signature on the arbitration agreement. Bannister… more

Appeals, Arbitration, Arbitration Agreements, Motion to Compel

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Ann Marie Zaletel

Strategies For Developing A Return To Work Action Plan

Seyfarth Synopsis: While most of the country is subject to shutdown orders, federal and local leaders are contemplating when and how to bring people back to work… more

Coronavirus/COVID-19, Employer Responsibilities, Equipment Lease, Equipment Rentals, Health and Safety

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Harvey Zeytuntsyan

Department Of Homeland Security Publishes Final Rule Regarding H-1B Pre-Registration Process

Seyfarth Synopsis: On January 31, 2019 DHS published the final rule for the electronic pre-registration of H-1B cap petitions and changed the order of selection of filings… more

Department of Homeland Security (DHS), Final Rules, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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Cece Zhang

China Unveils Two Approved Outbound Data Transfer Cases

Under China’s data protection regulatory framework, data processors are required to pass a security assessment conducted by the cybersecurity regulator before transferring certain categories or volumes of data out of China. This… more

China, Cybersecurity, Data Protection, Data Security, International Data Transfers

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Tyler Zmick

Supreme Court Ruling Ramps Up Opportunities For Certain Workers To Challenge Arbitration Agreements Under Federal Law

Seyfarth Synopsis: As we previously reported, employers generally have found success when the United States Supreme Court takes up questions about the arbitrability of workplace disputes. The unanimous decision in Southwest… more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Interstate Commerce, SCOTUS

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John Carl "JC" Zwisler

Papa’s Got a Brand New Bag, and it Might be Infringing – Cannabis Companies Clash Over Trademarks for Storage Bags

IP cases in the cannabis industry are lighting up court dockets more and more. In a new case with potential for serious baggage, Kinzie Advanced Polymers, LLC (“Kinzie”) filed a federal lawsuit against a group of Oklahoma-based… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Disgorgement, Intellectual Property Litigation, Intellectual Property Protection

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Samantha Lokich Zylber

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will again… more

Conditional Job Offers, Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, H-1B

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