Foley & Lardner LLP (JD Supra United States)

5140 results for Foley & Lardner LLP (JD Supra United States)

  • Cal/OSHA Updates Guidelines Ahead of State June 15 Reopening

    On June 3, 2021, the California Occupational Safety and Health Standards Board, the standard-setting agency within Cal/OSHA, adopted revisions to the November 30, 2020, emergency COVID-19 prevention standards, reworking the masking, testing, and distancing requirements of the previous rule. The revised standards must be approved by the Office of Administrative Law, but are expected to go into...

  • Costs of New Massachusetts COVID-19 Sick Leave to be Reimbursed by the Commonwealth

    Effective May 28, 2021, Massachusetts employers are required to provide paid leave for employees who are unable to work for reasons related to COVID-19 (“COVID Leave”). With its COVID-19 Emergency Paid Sick Leave law, Massachusetts joins a number of other states, including New York and California, in providing paid leave to workers for COVID-19-related reasons as part of ongoing efforts to...

  • Vaccine Tracking Your Employees – It’s Past Time

    With about half of the U.S. working age, vaccine-eligible population now vaccinated, employers want to know which of their employees got the shot. Many employers are under the impression that mandatory vaccine reporting and tracking is only possible when the employer mandates vaccination. Not true. Vaccine tracking is permissible under federal lawregardless of whether your vaccine policy is...

  • Federal Court Says It Is OK to Consult With Counsel Before Taking Employment Action

    A recent decision from the U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) examining retaliatory employment conduct reinforces the advisory nature of the attorney-client relationship, including the protections that come with seeking legal counsel prior to litigation. In the case, O’Rourke v. Tiffany and Co., the plaintiff...

  • Global Greenhouse Gas Emissions Increase in the Spotlight as G-7 Summit Begins

    The G-7 summit will be held June 11-13 in the United Kingdom, and world leaders have a slate of major issues to discuss- economic rebounds, international relations, and of course the pandemic and vaccine availability. However, climate change and global greenhouse gas emissions are likely to be another central focus of the discussions. Smaller countries are increasing calls for the world’s...

  • Federal Court Rules Military Leave Is Not Comparable to Other Types of Employer-Provided Paid Leaves

    Earlier this year, we wrote about the U.S. Court of Appeals for the Seventh Circuit’s decision in White v. United Airlines, Inc., in which the court concluded that paid military leave falls within the “rights and benefits” protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). However, the Seventh Circuit (which covers Illinois, Indiana, and Wisconsin) reiterated

  • “Clean Green” to Counter Belt and Road

    Last week, Bloomberg News reported that the Group of Seven nations (G7) intends to launch an alternative to China’s “Belt and Road Initiative” when they meet later this week in Cornwall, England. The strategy is expected to be called the “Clean Green Initiative,” and the hope is that it will provide a framework to support sustainable development in developing countries. While discussion of the...

  • Foley Weekly Automotive Report - June 2021 - 2

    This report helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - U.S. new light vehicles sales in May exceeded projections to reach a SAAR of 17 million units, compared to 12.1 million units in May 2020 and 17.3 million units in May 2019.

  • Telemedicine Companies Can Use Patent Law as a Strategic Advantage

    This is the first of a multi-part series on how telemedicine and digital health entrepreneurs can better avail themselves of patent and intellectual property strategies to gain a competitive advantage and increase the asset valuation for their company. As telemedicine services and associated software platforms become more commonplace during the worldwide pandemic, healthcare entrepreneurs and...

  • Supreme Court Limits the Scope of Computer Fraud & Abuse Act

    On June 3, 2021, the U.S. Supreme Court significantly narrowed the scope of the Computer Fraud and Abuse Act (CFAA) in Van Buren v. United States. In this closely watched case, the Court decided when a person “exceeds authorized access” under the Computer Fraud and Abuse Act (18 U.S.C. § 1030(a)(2)), holding that a Georgia police officer did not violate the CFAA when he overstepped his authorized

  • Sales, Sales and More Sales (but Not Many Vehicles)

    The May 2021 sales figures are in, and they are good. The industry has to be careful comparing May 2021 to May 2020, but even with that said, sales are good. As reported by Automotive News, the “seasonally adjusted, annualized rate of sales in May is forecast to come in at 16.2 million to 16.7 million.” That is pretty robust all things considered. When compared with the prior year, some of that

  • Foley Weekly Automotive Report - June 2021

    This report helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities... U.S. new light vehicle sales in May are forecast to reach a SAAR of 16.5 to 16.7 million units, according to estimates released last week by Cox Automotive, and J.D. Power and LMC Automotive.

  • The Country is Reopening – Can We Plan a Big Corporate Event?

    As businesses reopen and more and more employees become fully vaccinated, many companies are asking an important question: When can we gather together in large groups to attend conferences, retreats, and the like? According to the Centers for Disease Control and Prevention (“CDC”), fully vaccinated individuals need not get tested before or after travel within the United States or self-quaran

  • The Elements of Your COVID-19 Voluntary Vaccine Policy

    About half of the U.S. working age, vaccine-eligible population has now been vaccinated, according to Centers for Disease Control and Prevention (“CDC”) tracking data. New CDC guidelines allow the fully vaccinated to unmask, except where applicable law or private businesses and workplaces say otherwise.

  • Employers Take Note: EEOC Drops New COVID-19 Vaccine Guidance

    Readers will recall that in the early months of the COVID-19 pandemic, the EEOC published a plethora of responses and updates to frequently asked COVID-19 questions. As the months went by, the pace of EEOC updates slowed, and many employers settled into their “COVID-19 routines.”

  • Private Funds in the Hot Seat under Gensler's SEC

    Since Chair Gary Gensler’s nomination in February, the securities industry has speculated on the rulemaking and enforcement priorities of the Securities and Exchange Commission (“SEC”) under his oversight. While Gensler has already confirmed his focus on SPACs, ESG and cryptocurrency, he has been coy regarding private funds. That ended this week when he testified before a subcommittee to the U.S.

  • With a Surge in Micro-Mobility Solutions during the Pandemic, E-Bikes and Scooters Remain a Growing Business Opportunity

    The COVID-19 pandemic upended traditional mass transit options, which no longer became viable as social distancing and lock-down orders became the norm. In response, among commuters and pedestrians alike we saw a surge in micro-mobility options like bicycles and scooters as means for getting around without traditional transit options. Consumers are now, more than ever before, looking for eco-frie

  • Foley Weekly Automotive Report - May 2021 - 4

    This report helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Fitch Ratings and AutoForecast Solutions estimate a global production loss of 3.8 million units in 2021 due to the semiconductor shortage, of which 33% is attributed to North America.

  • Sequence Listing Errors Can Rob You Of Patent Term Adjustment

    Under current USPTO Patent Term Adjustment (PTA) rules, an Applicant can be charged a Patent Term Adjustment (PTA) deduction for “applicant delay” before examination commences if the application is not “ready for examination” within eight months of its filing date (or national stage commencement date). While that rule first came into effect with the December 18, 2013 Patent Law Treaty rule...

  • OCIE Adds ESG/SRI to Routine Adviser Exam Requests

    In a sign of the times, the SEC’s Office of Compliance Inspections and Examinations is now including document requests relating to ESG, SRI, Impact, responsible, sustainable, green, ethical, impact or good governance investments recommended to advisory clients. A review of OCIE’s most recent document request suggests that advisers should take a moment to revisit their preservation of all due...

  • Stark Law Changes Coming to Physician Compensation Models in 2022

    Medical groups that have division-based or service-level approaches to physician compensation should spend their summer evaluating their models in light of Stark Law revisions that go into effect on January 1, 2022. The revisions, seen by CMS as a clarification of original intent, will effectively prohibit distributions of profits from designated health services, or DHS, on a service-by-service...

  • SEC Staff Statement on Registered Funds Investing in Bitcoin Futures

    On May 11, the SEC Staff issued a statement to investors, encouraging them to be cautious of mutual funds that invest in Bitcoin futures. The Staff also took the opportunity to note that the Division of Economic and Risk Analysis will closely monitor registered funds’ use of Bitcoin futures...

  • 21 States Opt Out of Federal Unemployment Supplement, Citing Work Disincentive

    When the COVID-19 crisis hit in early 2020, there was a general consensus that enhanced unemployment benefits were necessary to address the crippling impact on the economy and workers. However, following a recent U.S. Bureau of Labor Statistics April jobs report, which highlighted a growing shortage of available workers, the U.S. Chamber of Commerce and many businesses have asserted that the...

  • Biden Administration Proposes Financial Surveillance Regime Likely to Catch Tax-Dodging Small Business Owners

    Under present law, most Americans’ taxable income is reported by both the payor and the payee. Wage income is reported by the employer on a form W-2 and by the employee on an annual tax return. Independent contractor income is reported by the paying business on a form 1099 and by the contractor on an annual tax return. While banks report interest paid to an accountholder on a form 1099-INT, banks

  • A Critical Look at Equity Crowdfunding

    Traditionally, the world of startup investing was not for “main street”, and was the private preserve of venture capitalists, venture debt lenders, private equity and angel investors (accredited investors), high net worth individuals, family offices and business angels. The process of meeting them was largely dependent on in-person meetings, over a hundred cups of coffee. Only the 1% had the...

  • The New Face of COVID-19 Fraud Enforcement: An Inter-Agency Task Force

    On May 17, 2021, Attorney General Merrick Garland announced a new, inter-agency task force led by Deputy Attorney General Lisa Monaco to address fraud related to the COVID-19 pandemic (COVID-19 Task Force). According to DOJ’s memorandum, the Justice Department and the other enforcement agencies will be devoting significant resources to the investigation and prosecution of fraudulent schemes...

  • Employers Should Not Assume that the Multiemployer Pension Plan Financial Assistance Program Reduces Withdrawal Liability Exposure

    The distressed financial condition of many multiemployer pension plans has been well-chronicled. Some employers have direct exposure to multiemployer pension plans as a result of union contracts requiring employer contributions. Other employers have more limited exposure to multiemployer pension plans, such as when the employer considers the acquisition of a company that participates in a...

  • ARPA Funding Relief for Single Employer Defined Benefit Pension Plans

    On March 11, 2021 President Biden signed the American Rescue Plan Act (Public Law 117-2) ("ARPA"). Among its many provisions, the statute contains "funding relief" for single employer defined benefit pension plans. This relief was achieved by amending Internal Revenue Code section 430 to: (1) extend the period for amortizing unfunded liability from 7 years to 15 years (Code §430(c)(8)); and (2)...

  • Used Car Sales Jump Amidst Tight Supply of New Cars

    As we previously wrote about on the blog, the availability of all forms of transportation has become more limited during the pandemic—cars, bikes, even scooters. The latest category to feel the squeeze is used car sales. Anecdotal stories abound of consumers looking far and wide for used cars, and the difficulty in snaring some of the limited stock. Dealers are chasing down former customers...

  • CMS Issues Final Rule Extending and Revising Comprehensive Care Joint Replacement Episode-Based Payment Model

    The Centers of Medicare and Medicaid Services (CMS) issued a Final Rule (the Rule) on April 29, 2021 extending and making various revisions to the Comprehensive Care for Joint Replacement Model (the CJR Model). The CJR Model is an episode-based alternative payment program that involves hip and knee replacement surgeries for Medicare fee-for-service beneficiaries. The CJR Model began on April 1, 20

  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT