By: H. Gregory Baker and Rachel Maimin , Lowenstein Sandler LLP Often–at least in the legal field–a good-faith mistake can be reversed. A privileged document is inadvertently produced in discovery; it can be clawed back. An email to the...

By: Steven J. Dickinson, Robert K. Magovern, and James F. Van Orden , Cozen O’Connor The omnibus budget act signed by President Trump on December 27 reinstituted the Paycheck Protection Program (PPP), with significant changes. The act allows new...

By: Mark Haut , Lexis Practice Advisor THIS ARTICLE ANALYZES THE SMALL BUSINESS Reorganization Act of 2019 (SBRA) 1 and the revisions to the SBRA contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). 2 The SBRA was enacted...

By: Jill E. Anderson , Linda A. Malek , and Nora Lawrence Schmitt , Moses & Singer LLP NAVIGATING THE PATH FORWARD TO CONDUCT CLINICAL research in the midst of the COVID-19 pandemic has introduced unique challenges for sponsors and research institutions...

By: Heike M. Vogel and Eric H. Horn, A.Y. Strauss THIS ARTICLE DISCUSSES THE IMPACT OF THE COVID-19 pandemic on the retail industry and retail bankruptcy cases. Even before COVID-19, the retail industry was at the top of the bankruptcy watchlist. It...

Lexis Practice Advisor subscribers may access a complete Coronavirus Resource Kit by following this link . CORONAVIRUS SPREAD CREATES UNCERTAINTY FOR BUSINESSES AND THEIR COUNSEL AS THE CORONAVIRUS CONTINUES ITS SPREAD FROM China to Europe and the...

AMAZON’S DATA STORAGE VIOLATES ILLINOIS BIOMETRIC PRIVACY LAW, STATE RESIDENTS ALLEGE AMAZON WEB SERVICES IS VIOLATING THE ILLINOIS Biometric Information Privacy Act (BIPA), 740 Ill. Comp. Stat. Ann. 14/1, by allowing commercial customers to use...

NINTH CIRCUIT REINSTATES EMPLOYEES’ SUITS OVER PAYMENT FOR POST-SHIFT INSPECTION PERIODS EMPLOYEES OF NIKE AND CONVERSE MAY PROCEED with class action suits alleging that the athletic wear companies violated California law by refusing to pay them...

SAN FRANCISCO ADOPTS ORDINANCE BANNING CITY’S USE OF FACIAL RECOGNITION TECHNOLOGY SAN FRANCISCO HAS BECOME THE FIRST CITY IN THE United States to ban the use of facial recognition technology to identify individuals. As a result, city agencies...

STATE ATTORNEYS GENERAL FILE APPEAL FROM RULING INVALIDATING AFFORDABLE CARE ACT ATTORNEYS GENERAL FROM 16 STATES AND THE DISTRICT of Columbia have filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit following a ruling by a...

ABA Releases New Guidelines For Lawyers Who Experience Data Breaches By: Lexis Practice Advisor Attorney Team THE AMERICAN BAR ASSOCIATION (ABA) RECENTLY issued Formal Opinion 483, addressing lawyers’ ethical obligations to their clients after...

AMENDMENTS TO NEWLY PASSED CALIFORNIA CONSUMER PRIVACY ACT SIGNED INTO LAW By: Lexis Practice Advisor Attorney Team GOVERNOR EDMUND G. BROWN SIGNED A BILL AMENDING the California Consumer Privacy Act (CCPA) just weeks after its hasty enactment in...

By: Jim Wagstaffe and The Wagstaffe Group FOURTH CIRCUIT HOLDS THAT IN DENYING A PRELIMINARY INJUNCTION, ALL FOUR TRADITIONAL FACTORS REQUIRED FOR SUCH RELIEF NEED NOT BE CONSIDERED WHEN ONE FACTOR IS CLEARLY NOT SATISFIED THE NATIONAL LABOR RELATIONS...

PUBLIC SECTOR UNIONS CANNOT IMPOSE FEES ON NON-MEMBERS, SUPREME COURT RULES PUBLIC SECTOR UNIONS CANNOT REQUIRE NON-MEMBERS to contribute to expenses related to union business, the U.S. Supreme Court ruled, overturning a 41-year-old decision. Janus...

SUPREME COURT AFFIRMS CONSTITUTIONALITY OF AIA PATENT REVIEW PROCESS A PROVISION IN THE AMERICA INVENTS ACT (AIA) allowing for pre-trial review of existing patents does not violate Article III or the Seventh Amendment of the U.S. Constitution, the...

LABOR DEPARTMENT RESUMES OPINION PROGRAM, REISSUES 17 RESCINDED LETTERS THE U.S. DEPARTMENT OF LABOR (DOL) HAS REISSUED 17 opinion letters originally issued in January 2009 during the last few weeks of the Bush administration but later withdrawn by...

The case of President Trump and Stormy Daniels actually raises some interesting federal civil procedure. In the following video, noted expert Jim Wagstaffe of The Wagstaffe Group speaks about the high profile case and contends that the lawyers for both...

U.S. DEPARTMENT OF LABOR SETS NEW GUIDELINES FOR INTERN COMPENSATION THE U.S. DEPARTMENT OF LABOR (DOL) HAS ADOPTED new guidelines for determining whether interns working at for-profit companies are entitled to compensation under the federal Fair Labor...

D.C. COURT ORDERS EEOC TO RECONSIDER WORKPLACE WELLNESS RULES IN AN ACTION BROUGHT BY THE AMERICAN ASSOCIATION of Retired Persons (AARP), the U.S. District Court for the District of Columbia has ordered the U.S. Equal Employment Opportunity Commission...

SUPREME COURT TO RULE ON VALIDITY OF CLASS WAIVERS IN EMPLOYMENT CONTEXT By: Lexis Practice Advisor Staff THE U.S. SUPREME COURT IS expected to decide this term whether the collective-bargaining provisions of the National Labor Relations Act (NLRA...

SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII REMAINS HOT-BUTTON ISSUE By: Bender’s Labor & Employment Bulletin, Volume 17, Issue 7 RECENTLY, THREE OF THE U.S. CIRCUIT COURTS OF APPEAL addressed the issue of whether discrimination...

THE UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) With the enactment of the America Invents Act in 2011, the PTAB was charged with conducting proceedings to address challenges to existing patents. Those proceedings “have significantly changed...

HHS AGENCY PROPOSES RULE TO STABILIZE INSURANCE MARKETPLACE THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) issued a proposed rule aimed at stabilizing individual and small group health insurance markets in anticipation of Congress’ possible...

FEDERAL COURT FAST TRACKS REVIEW OF RULING BLOCKING IMPLEMENTATION OF OVERTIME REGULATIONS THE FIFTH CIRCUIT COURT OF APPEALS ISSUED A BRIEF order December 8 granting expedited review of a November 22 ruling by a federal judge in the Eastern District...

FEDERAL DEPOSIT INSURANCE CORPORATION STAYS FOCUSED ON CYBERSECURITY THE FDIC UPDATED ITS CYBERSECURITY WEBPAGE TO highlight what it called “a number of important steps to significantly enhance the protection of information held by the agency...