Seyfarth Shaw LLP

Seyfarth Synopsis: The IRS is back to work and just announced the 2026 annual limits that will apply to tax-qualified retirement plans.  But wait, there’s more – a surprise increase in the inaugural FICA wage limit for purposes of the mandatory Roth catch-up requirement. Employers maintaining tax-qualified retirement plans will need to make sure their plans’ administrative procedures are adjusted accordingly. In Notice 2025-67, the IRS announced the various limits…

What You Need to Know: On September 25, 2025, the New York City Council approved a bill that expands the scope of New York City’s Earned Safe and Sick Time Act (“ESSTA”). The bill was officially enacted on October 25, 2025 and will go into effect 120 days later, i.e., on February 22, 2026. The impending amendments make a variety of substantive changes to ESSTA, including: expanding reasons for use;…

As we previously reported, on July 31, 2024, Massachusetts enacted salary range transparency legislation (“An Act Relative to Salary Range Transparency”) that imposes salary disclosure requirements on Massachusetts employers.  The Act took effect on October 29, 2025.   Employers with more than 25 employees in Massachusetts must now disclose salary range information on job postings and provide pay range information to current employees in certain circumstances.  Additionally, employers with more than…

Seyfarth Real Estate partners Jami Balint, Catherine Burns, and Robin Freeman have been named among the 2025 winners of the Connect CRE Women in Real Estate Awards. The awards highlight women in commercial real estate who have reached respected leadership positions and serve as mentors within the industry. This year’s honorees were selected from hundreds of submissions across the country, with recognition given to both national leaders and standout professionals…

On November 5, 2025, the Massachusetts Supreme Judicial Court will hear oral arguments in a closely-watched wrongful death case that could reshape the landscape for punitive damage awards in the Commonwealth, including in employment cases under Chapter 151B.  Background on Fontaine v. Philip Morris In the underlying case, Fontaine v. Philip Morris USA Inc., Armand Fontaine brought a products liability suit against tobacco giant, Philip Morris and Demoulas Supermarkets on…

Seyfarth Synopsis: On October 13, 2025, Governor Newsom signed Senate Bill 464 into law, introducing substantial changes to California’s annual pay data reporting obligations under Government Code Section 12999, requiring the use of more detailed job classifications, mandating civil penalties, and clarifying data storage requirements. ***** On October 13, 2025, Governor Newsom signed Senate Bill 464 into law, introducing substantial changes to California’s annual pay data reporting obligations under Government…

On September 19, 2025, the President issued a Presidential Proclamation introducing a significant change to the H-1B visa program. Effective September 21, 2025, USCIS now requires a $100,000 fee to accompany certain H-1B petitions as a condition of eligibility. Key Dates and Updates: Effective Date: Certain  H-1B petitions filed on or after 12:01 a.m. EDT, September 21, 2025, are subject to the new fee. Additional USCIS Guidance Issued: October 20,…

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 secure waivers for certain meal and rest break requirements, which means updates to handbook policies and the waiver form. Under the current law, non-exempt hospital employees who are directly involved in patient care or…

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 reforms—prompted by the “DExit” movement criticizing its courts as unfriendly to business— on May 14, 2025 and May 19, 2025, the State of Texas adopted amendments to its Texas Business Organization Code (via Senate Bill 29 and Senate Bill 1057, respectively)…

In today’s global workplace, managing sexual harassment complaints is no longer a matter confined to a single jurisdiction. As companies expand across borders, their legal obligations become increasingly complex. A recent Seyfarth Shaw webinar  brought together employment law experts from the US, UK, France, Spain, Italy, and Latin America to explore the challenges of conducting cross-border investigations into sexual harassment. The key takeaway? There is no universal playbook. Each jurisdiction…

Seyfarth Synopsis: 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 independent contractor across several statutes. The effect of the proposed rules is that it would be more difficult for employers to classify workers as independent contractors. Background The DOL has long utilized the ABC…

Key Takeaways: The new law applies to employers with 50+ employees (excluding part-time workers) and mirrors many federal WARN Act provisions, with some notable distinctions Washington joins the majority of states with mini-WARN laws, requiring 60 days’ notice for certain mass layoffs and business closures Employers should review the new law to ensure compliance by its effective date, July 27, 2025 A Major Development in Washington Employment Law On May…

On May 21, 2025, Hong Kong's Legislative Council passed the Stablecoins Bill, establishing a regulatory framework for stablecoins–cryptocurrencies whose value is tied to an external asset or commodity. This marks an important step in positioning Hong Kong as a progressive hub for digital finance. The legislation introduces a licensing regime for fiat-referenced stablecoin (FRS) issuers and strengthens the city's broader regulatory approach to virtual asset (VA) activities. It aims to…

May 21, 2025 - Seyfarth Shaw LLP has further enhanced its highly decorated Labor & Employment Department by adding Kyle Nelson as a partner based in Seattle. Nelson focuses primarily on wage and hour class action defense. His practice extends to high-stakes employment litigation and employment law counseling. He has earned a strong reputation for litigating class action cases creatively and finding strategic advantages to position cases for resolution. “Kyle…

Seyfarth Shaw is proud to sponsor the 2025 Masters Conference, a premier boutique legal event hosted in cities across the U.S., as well as in Toronto and London. The  conference will be held on Tuesday, May 20, 2025, at Seyfarth’s Chicago office and will feature keynote presentations, panel discussions, workshops, and networking opportunities. Topics will include eDiscovery, Artificial Intelligence, Information and Data Governance, Legal Project Management, Forensics and Investigations, Knowledge…

Seyfarth Synopsis: 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. As discussed here, New York employers have been bedeviled in recent years by class action claims for violation of the Labor Law’s weekly-pay requirement for “manual workers.”  This flood of litigation resulted from the decision in Vega v.…

May 8, 2025 – Seyfarth Shaw LLP represented programmatic joint venture comprised of Bain Capital Real Estate and Oliver Street Capital in the acquisition of a strategically located infill industrial portfolio in Northern New Jersey, further strengthening the joint venture’s presence in one of the most supply-constrained and high-demand warehouse markets in the United States. Bain Capital Real Estate and Oliver Street Capital acquired the portfolio for approximately $208 million.…

Introduction OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe. Unions often dispute staffing levels, complaining that employers have insufficient bargaining unit members and insufficient members with seniority. Individual complainants allege that they are left to work alone, have no backup in case of emergency, or are at enhanced risk of accident or workplace violence. OSHA duty officers normally…

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 critical equipment and materials. These abrupt governmental actions raise a pivotal question for the industry: Can newly imposed tariffs qualify as force majeure events under Texas law, thereby excusing delays or non-performance in oil and…

Today, we revisit one of our most thought-provoking conversations, this time with Dr. Megan Ma. Since she joined us on the podcast, Dr. Ma has co-founded and become the Executive Director of the Stanford Legal Innovation through Frontier Technology Lab—otherwise known as liftlab. With a rich background in political science, economics, health law, and economic law, Dr. Ma brings a truly interdisciplinary lens to the future of legal education and…

May 5, 2025 – Seyfarth Shaw LLP has appointed Giovanna (“Gina”) Ferrari as chair of the firm’s Litigation Department and Andrew Lucano as the next Corporate Department chair. “Gina and Andrew are outstanding leaders whose appointments reflect Seyfarth’s commitment to deepening client service, strengthening collaboration, and advancing our strategic growth,” said Lorie Almon, chair and managing partner of Seyfarth. “As we continue to expand the breadth and depth of the…

In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when making hiring or other employment decisions. There are exceptions for, among others, financial institutions and certain regulated employers. Starting on July 1, 2026, however, unless an exception applies, Washington employers with 15 or more employees…

Nevada’s sunny and hot summers pose hazards of heat-related illnesses to outdoor workers and non-climate-controlled indoor workers. April 29, 2025 marks a significant milestone for workplace safety in Nevada as the Nevada Occupational Safety and Health Administration (NV OSHA) begins enforcement of its newly adopted heat illness prevention regulation. The regulation, found in Section 618 of the Nevada Administrative Code and approved in November 2024, aims to protect workers from…

Seyfarth Synopsis: 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 to do so warrants dismissal. The Second District affirmed the Superior Court’s dismissal of a PAGA claim where the PAGA notice and lawsuit were both filed more than a year after the…

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 and executives working for U.S. federal government contractors navigate the complex landscape of regulations that apply to international sales.   1. Understand Export Control Regulations Compliance with export control regulations is critical for any company…

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: 1. The law amends RCW 49.12.240 to create a definition of the term “personnel file” for the first time. The term “personnel file” includes the following types of records, if the employer creates such records: All job application records; All performance evaluations;…

THC Found in CBD Tincture ‘Sparks’ Statutory Debate: SCOTUS Permits Fired Employee To Sue Cannabis Businesses Under CIVIL RICO Law | The Blunt Truth® Skip to content

Under U.S. customs and international laws[1], border agents have the legal authority to inspect, search, or detain any person, luggage, or merchandise coming into or leaving the country. And yes, that includes your electronic devices like phones, tablets, and laptops. While searches of digital devices are still relatively rare, they are increasingly becoming more common at U.S. ports of entry. That is why it is especially important for all travelers…

Wage and Hour Around the Corner: From Zoom to Room: Staying on Solid Legal Grounds with a Remote Staff or an Office Return | Wage & Hour Litigation Blog Skip to content

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 from those tariffs. Those negotiating contracts for upcoming projects face the predicament of allocating this future risk of material price increases and delays flowing from the new tariff regime. Despite recent legal challenges to the tariff regime,[1] the enforceability…

In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding and navigating Buy American compliance in government contracts. These requirements are critical for contractors working with the U.S. federal government, as failure to comply can lead to penalties, contract disputes, and potential disqualification from future procurement opportunities. This article offers practical guidance to help contractors navigate the…

 The State of Delaware, home to a majority of the so-called “Fortune 500” corporations, has been the subject of a variety of criticisms relating to corporate governance, director and officer litigation risk, controlling stockholder exposure, franchise taxes, and more. The criticisms, coupled with recent reincorporation migrations away from Delaware by several significant Delaware corporations to jurisdictions deemed to be more hospitable (such as Nevada, Texas, and Maryland) has spawned a…

Innovation Madness: The Ultimate Basketball Patent Bracket – Round 2 - 14 inventions. 1 champion. Who will cut down the net? | Gadgets, Gigabytes & Goodwill Blog Skip to content

Ed 259, Unsplash Two courts. Two opposite rulings. One critical question: Do plaintiffs have standing to challenge pension risk transfers under ERISA? In the first two decisions to address Article III standing in this rising wave of class actions, federal courts in Maryland and D.C. have landed on opposing sides. One case will head to discovery; the other was dismissed outright. At stake is whether moving pension obligations from plans…

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. Even with careful performance, disputes over scope, pricing, and contract performance can arise between contractors and the government. Understanding how to properly submit, price, and negotiate claims under the Contract Disputes Act (CDA) and Federal Acquisition Regulation (FAR)…

Seyfarth Synopsis:  The first two district court opinions deciding whether plaintiffs have Article III standing to challenge pension risk transfers have reached opposite conclusions.  One case will proceed to discovery, and the other has been dismissed without leave to amend.  Many other motions to dismiss are pending in other courts and it is too early to tell which view will prevail; more rulings are expected soon. For context, in a defined…

Seyfarth Synopsis: On March 27, 2025, a federal district court in Chicago issued a temporary restraining order (TRO) blocking the Department of Labor from implementing key provisions from two of President Trump’s Executive Orders issued in January. Although the plaintiff sought a broad nationwide injunction against the entire federal government, the Chicago district court’s TRO only enjoins DOL. The Chicago district court's March 27 TRO comes just two weeks after…

Innovation Madness: The Ultimate Basketball Patent Bracket. 14 inventions. 1 champion. Who will cut down the net? | Gadgets, Gigabytes & Goodwill Blog Skip to content

Conducting workplace investigations into sexual harassment claims is challenging, and especially so across borders. Multinational organisations that implement robust, cross border investigation procedures can significantly lower their risk of facing disputes and legal actions. In this webinar, Seyfarth partners will explore managing sexual harassment claims in the Asia Pacific region, where diverse legal landscapes and cultural norms further complicate cross border investigations. Topics include: Regional nuances: Key similarities, differences, and…

Into the Breach is the first law firm podcast exclusively devoted to reps and warranties insurance and the transactional risk markets. Hosted by Seyfarth partners Bryan M. O’Keefe and Gena B. Usenheimer, each week the hosts in their unique, buoyant style, interview leaders from the industry, and explore the latest developments, market trends, and news impacting RWI and transactional risk insurance. Listen and learn more about each episode of the…