As the 2024 Paris Olympics draws near, many brands are eager for an opportunity to partner with Olympic athletes to enhance brand visibility and grow market share in competitive industries. In particular, brands participating in the… more

On April 24, 2024, President Biden signed into law H.R. 815, the National Security Supplemental (the “Act”). While much of the focus centered on the foreign aid package for Israel, Ukraine, and the Indo-Pacific, the bill contains a… more

On April 23, 2024, the Department of Labor published its long-awaited final retirement security rule broadening the definition of who is an “investment advice fiduciary” under section 3(21) of the Employee Retirement Income Security… more

On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and health… more

Welcome to this edition of the FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing sector. This… more

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

Litigation challenging government economic regulation has become more common, as courts appear increasingly less deferential to legislative and executive action. Most of this type of litigation focuses on federal regulation, but states… more

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a long-anticipated update to its enforcement guidance on harassment in the workplace. The update comes almost 25 years after EEOC last published… more

For decades, many courts and legislatures at the state and federal level have largely approved the use of non-compete covenants between employers and employees. The legality of a non-compete provision is routinely determined by careful… more

TiNY Report for April 30, 2024 - Before getting into the cases, let us acknowledge that the better-late-than-never politicos in Albany have passed the 2024-25 New York State Program Budget and it has already been signed by the… more

The Department of Veterans Affairs (VA) made significant changes to its loss mitigation program this month, launching its awaited Veterans Affairs Servicing Purchase Program, and implementing a 40-year loan modification term. Details… more

Robinson v. Cleveland, 8th Dist. Cuyahoga No. 112798, 2024-Ohio-969 - A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the… more

On April 29, 2024, the EEOC published its “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). The Guidance updates and replaces the EEOC’s prior guidance documents, discusses the Supreme Court’s 2020 decision of… more

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337… more

The European Commission ("Commission") adopted an Industrial Carbon Management Communication ("Communication") on 6 February 2024, outlining the Commission's ambitions for a strategy to boost the deployment of technologies in the… more

Announcing PFAS Drinking Water Standard, Moves to Designate PFAS as Hazardous Substance Under CERCLA -… more

On April 22, Mexico increased import duties to 544 tariff lines ranging between 5% and 50%. The increase will be enforced for two years, ending in April 2026… more

In the heart of every family-owned enterprise lies a story of hard work, dedication, and a vision for the future. These businesses not only represent a significant portion of the economy but also embody the legacy of families. There… more

Baker v. Bunker Hill Haven Home, 12th Dist. Butler No. CA2023-08-095, 2024-Ohio-875 - Todd Howard was a resident at Bunker Hill, a home for wayward boys. He snuck out of the facility to meet with his friends, Zeb Freeman and Derrick… more

On April 17, the U.S. Environmental Protection Agency (EPA) announced the designation of two of the most widely used per- and polyfluoroalkyl substances (PFAS) (perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)… more

California continues to grapple with a significant surge in lawsuits and arbitration demands aimed at businesses operating websites employing technology to monitor online activities. These cases hinge on the California Invasion of… more

The recent Appellate Division decision, In the Matter of the Estate of Heinecke, serves as an important warning to those who have named charitable organizations as beneficiaries in their Last Will and Testament. The case also… more

The Antwerp Labour Court recently settled the question of whether compensation for maternity protection and separate compensation for discrimination can both be awarded for the same dismissal under Belgian law… more

Medical devices that contact the human body undergo biocompatibility safety assessments prior to market release, including tests for physiochemical properties.  The Food and Drug Administration’s (FDA) Center for Devices and… more

Marlin Keith Andrews v. William S. Humber and Stifel, Nicolaus & Co., Inc., FINRA Case #22-01176 - The claimant asserted causes of action including failure to supervise, breach of fiduciary duty, respondeat superior, unsuitability… more

Trucking Companies Settle Federal Charges They Allowed Harassment and Termination of Gay Mechanics Because of Sexual Orientation - CLEVELAND – TA Dedicated (formerly known as Transport America) and Transportation Enterprise… more

A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates the potential consequence of drafting an arbitration agreement without foreseeing… more

On Wednesday, April 17, the US Sentencing Commission dramatically restricted consideration of so-called “acquitted conduct” when courts determine criminal sentences under the Guidelines Manual. The guidelines that permitted… more

Our Labor & Employment Group examines how employers can prepare for changes to employee exemption classifications under the Fair Labor Standards Act’s (FLSA) overtime requirements… more

Aramis Seferian v. Continental Broker-Dealer Corp., FINRA Case #23-00665 - The claimant broker requested expungement of two customer complaints from his CRD record. In an explained decision, the FINRA Panel denied the claimant broker’s… more

The U.S. Department of Labor’s long-awaited final “Overtime Rule” is here, and it brings drastic changes to requirements employers must follow for paying salaried employees exempt from overtime. Under the Final Rule, which takes effect… more

The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued opinions in… more

The U.S. Department of Labor (DOL) recently released a final rule sharply increasing the minimum salary thresholds for the “white-collar” overtime exemptions under the federal Fair Labor Standards Act (FLSA) applicable to… more

The government has published updated documentation under the Building Regulations 2010 confirming that new residential buildings in England, which are 18 metres or more in height, will be required to have a second staircase. The change… more

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the Fair Labor… more

Are you hiring the right candidates? Or are you hiring candidates that put your organization at risk, bounce around, and can’t do what they say they do? Background screening is your defense system when trying to make quality hires… more

At least three lawsuits have now been filed against the FTC to block implementation of its new rule to ban non-competes… more

Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not disturbed by the… more

The U.S. Department of Labor has announced a Final Rule – Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which amends the regulations at 29 CFR part 541 under… more

This is the second in our series of alerts on taxable cancellation of debt income. When debt is cancelled or discharged, the debt generally becomes taxable income, called cancellation of debt income… more

Settles Federal Charges Retirement Community Fired Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”), which operate… more

On March 5, 2024, the IRS issued final regulations under Internal Revenue Code Section 6417 (the “Final Regulations”) with respect to energy tax credits which are directly payable to State and local governmental entities as well as to… more

Skilled nursing facilities (SNFs) owned or operated by hospitals (hospital-owned SNFs) have a demonstrated track record of delivering positive outcomes for post-acute care patients. Such success, however, has not been without… more

Last week, the U.S. Supreme Court heard oral arguments on yet another momentous legal issue – this time, the claim of absolute immunity from criminal prosecution for claimed official acts by former President, Donald Trump who faces… more

Amid little clarity from courts, wiretap claims targeting the use of data analytics tools are becoming increasingly common. Here are ways to stay compliant and avoid costly litigation… more

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial  intelligence—a term coined after Turing’s death—has become a facet of our everyday lives.  Artificial Intelligence (AI) can be used to improve… more

A crackdown on online "pick'em"-style contests in Florida could be a sign of what's to come as state regulators struggle to keep up with the rapidly changing world of daily fantasy sports and legalized sports wagering… more

Twenty-six current and former collegiate athletes who played in the state of Iowa filed a federal lawsuit Friday against the state and its Division of Criminal Investigation of its Department of Public Safety, alleging that their civil… more

In an era where legal research is increasingly facilitated by advanced tools, both traditional and cutting-edge, the reliability of the information these tools provide and the attorney’s fundamental role in vetting this information… more

There has been a great deal of press about the Federal Trade Commission’s (FTC) vote to ban employee non-competition provisions and policies. While the FTC describes the rule as a comprehensive ban, it acknowledges that the rule does… more

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition.  The Final Rule will go into effect 120 days after being published… more

On April 24, 2024, the Federal Trade Commission ( “FTC”) published a sweeping ban on non-competes (“Rule”).  The Rule passed by a 3-2 vote, with the FTC’s Democratic commissioners voting in favor, and Republican commissioners against… more

In Florida, a Notice of Commencement (NOC) must be recorded in the public records of the county where construction of certain property improvements occurs. This document serves two key functions… more

As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers. ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been tracking the rule… more

The Corporate Transparency Act (CTA) is the gift that keeps giving. As affected entities and their advisers struggle to determine whether they are subject to the beneficial ownership information (BOI) reporting provisions of the CTA… more

As a number of debt instruments issued several years ago in a relatively low interest rate environment now have their maturity date approaching in a much higher interest rate environment, borrowers are increasingly seeking to amend… more

Antibody-drug conjugate (ADC) is a promising class of cancer treatments with accelerating U.S. Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. This article… more

April showered us with quite a few unexpected and impactful legal developments in the workplace. Two Federal agencies released proposed rules that potentially impact nearly every American workplace (new salary threshold regulations… more