Seyfarth Shaw LLP

Seyfarth Synopsis: The U.S. Supreme Court has resolved a circuit split, holding “last mile” drivers transporting goods within a single state can, but do not necessarily, fall within the transportation worker exemption under section 1 of the Federal Arbitration Act. As a result, such workers may be allowed to bypass mandatory arbitration agreements governed by the FAA. Flowers Foods, Inc. v. Brock stems from a proposed class action filed in…

This significant development may have wide-ranging impacts, as Adjustment of Status is a pathway available to family, employment-based, and investment-based (EB-5) immigrants and organizations. On Friday, May 22, US Citizenship and Immigration Services (USCIS) issued a Policy Memorandum (Memorandum) that could meaningfully affect how Adjustment of Status applications (Adjustment) are adjudicated moving forward, though USCIS implementation details remain limited and operational impacts are still developing. While the Memorandum does not…

Seyfarth Synopsis: The New York Legislature has passed legislation (S3460) that would significantly expand employee access to personnel records. The bill would require employers to provide current and former employees with copies of their personnel records within five business days of a written request, notify employees when negative information is added to their files, and comply with new recordkeeping and anti‑retaliation obligations. Both chambers of the New York Legislature have passed…

Seyfarth Synopsis:  On May 14, 2026, Colorado Governor Jared Polis signed SB 26‑189, which replaces the state’s previous AI law with a streamlined framework focused on transparency and disclosure. Effective January 1, 2027, the new law imposes targeted obligations on developers and deployers of automated decision‑making technology used in consequential decisions (including employment processes), requiring advance notice, post‑decision disclosures, and certain consumer rights. The law centralizes enforcement with the Colorado…

Overview On May 13, 2026, the Institutional Limited Partners Association (ILPA) published guidance regarding organizational expense management and alignment considerations between limited partners (LPs) and general partners (GPs). ILPA’s The Alignment Gap: Rethinking Costs in Private Equity Fund Formation addresses existing market practices in which LPs typically bear organizational costs, while GPs retain discretion over the related processes and service providers. Background Organizational expenses -  legal, administrative, and compliance costs…

Today's guest, Dr. Larry Richard, practiced as a trial attorney for 10 years before earning a PhD in organizational psychology. Today, he is a leading expert on why lawyers behave the way they do. For over 30 years, Dr. Richard has been researching how lawyers behave and why. He founded LawyerBrain LLC, which advises the leaders of major law firms on the human side of running a practice—things like culture, leadership,…

Tuesday, May 19, 20263:00 p.m. to 4:00 p.m. Eastern2:00 p.m. to 3:00 p.m. Central1:00 p.m. to 2:00 p.m. Mountain12:00 p.m. to 1:00 p.m. Pacific About the Program Recent developments in background screening, fair hiring laws, and the use of artificial intelligence in employment decisions continue to create significant compliance challenges for employers nationwide. Expanding Fair Credit Reporting Act (FCRA) theories, increased regulatory scrutiny, and evolving state and local fair chance…

Seyfarth Synopsis: The “Anti‑Waiver of Employment Rights Act” (S4424‑A) would broadly invalidate contractual provisions waiving or limiting employees’ rights under the New York Labor Law and Human Rights Law. The law—if signed by the Governor—would significantly expand employee protections in New York and may expose existing agreements to challenge. Both chambers of the New York Legislature have passed the “Anti‑Waiver of Employment Rights Act.” The legislation would establish that rights under…

By: Dawn M. Lurie and Selene Malench* On May 15, USCIS updated its guidance related to Somalia noting: “When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘July 1, 2026,’ in Section 2 along with a note in the ‘Additional Information box.’ This update revises our prior blog post on the status of TPS EAD extensions. With this change, all…

Cal/OSHA’s Draft Workplace Violence Standard: What Employers Should Know | Workplace Safety and Environmental Law Alert Blog Skip to content

Seyfarth Synopsis: Connecticut has enacted amendments to its longstanding prohibition on “stay‑or‑pay” agreements that expand the law’s application to all employers and reinforce restrictions on agreements requiring repayment as a condition of employment. While the core prohibition remains unchanged, the expanded coverage reflects a broader national trend limiting the use of such arrangements. Employers should evaluate their existing agreements and consider whether state‑specific or national compliance strategies are appropriate. Connecticut has…

Seyfarth Synopsis: Oklahoma has enacted new amendments to its medical marijuana law that further define employer rights and obligations in the workplace. Under Oklahoma’s amended law, employers are required to apply zero‑tolerance drug and alcohol standards to applicants for and employees in safety‑sensitive positions. The amendment eliminates the employer’s “reasonable belief” standard from the definition of “safety‑sensitive” and appears to  define positions as safety‑sensitive only where the job involves one…

Seyfarth Synopsis: Connecticut has enacted significant changes across multiple areas of employment law. Key developments include expanded pay transparency requirements, a broad prohibition on “stay‑or‑pay” agreements, new wage and hour notice obligations, and enhanced employee protections. Many of the provisions take effect October 1, 2026. Connecticut has enacted a broad workforce bill that expands existing employment protections and introduces new compliance obligations in a range of subject areas. While many provisions build…

By: Kyle D. Winnick, Robert S. Whitman, and Joseph E. Abboud Seyfarth Synopsis: The Second Circuit held that courts must dismiss out-of-state plaintiffs from FLSA collective actions unless the defendant is “essentially at home” in the forum state or consents to the suit in that venue. In a significant decision that will affect the scope of FLSA collective action litigation, the Second Circuit has held that courts may not adjudicate…

May 6, 2026 – Seyfarth Shaw LLP continues to expand its real estate offerings and transactional New York practices with Megan Vallerie rejoining the firm as a partner in New York. Vallerie had previously been with Seyfarth from 2016 to 2022, the last three as a partner in the Real Estate department. She is the 16th lawyer to return to Seyfarth since the beginning of 2025 and the fifth “boomerang”…

Seyfarth Synopsis:  On 4/20/2026, the Federal Acquisition Regulatory Council issued guidance and Revolutionary Federal Acquisition Regulation (“FAR”) Overhaul revisions to implement Executive Order 14398, dated March 26, 2026. As explained in a previous legal update, the Order directs federal agencies to adopt a contract clause under which contractors must agree not to engage in “racially discriminatory DEI activities” among other requirements. To implement these provisions, the Order further directs the…

Washington employers in certain industries face expanded compliance obligations following amendments to RCW 49.60.515, which took effect on January 1, 2026. The revised statute strengthens protections for isolated workers by expanding requirements for provision of a panic button, training, documentation, reporting, and enforcement, and by authorizing significant civil penalties for noncompliance. Covered Employers and Covered Work The amended law applies to employers operating hotels and motels, retail establishments, security companies,…

2025 saw a series of developments take place in the Singapore employment law landscape. This article provides a summary of the key developments over the past year. For the full version of this article, please click here. 1 January: The Platform Workers Act came into effect, enabling, amongst other things, platform workers to obtain financial compensation should they get injured in the course of work. Click here to read more. 1 January:…

Maine’s Paid Family and Medical Leave (PFML) program is entering its final implementation phase, triggering immediate compliance and readiness considerations for employers. Benefits begin: Employees become eligible for PFML benefits effective May 1, 2026. Applications open: Employees may submit PFML applications as of March 30, 2026, for leave beginning on or after May 1. With the benefit start date approaching and applications now being accepted, Maine employers should promptly review…

The Federal Trade Commission (“FTC”) has put health care front and center in its enforcement agenda. On March 20, 2026, FTC Chairman Andrew Ferguson announced the creation of a “Healthcare Task Force” to align the agency’s competition and consumer‑protection work. The move reflects a core FTC concern: consolidation, exclusionary conduct, and deceptive practices are raising prices, weakening quality, and restricting access to care—especially for rural patients, seniors, and veterans. Chairman…

As discussed in our prior alert on President Trump’s Executive Order, Democratizing Access to Alternative Assets for 401(k) Investors, the President directed the Department of Labor (“DOL”) to clarify ERISA fiduciary duties and responsibilities when offering alternative investments in participant-directed defined contribution plans. The DOL has now taken a significant step toward implementing that directive with the release of a long-awaited proposed regulation titled Fiduciary Duties in Selecting Designated Investment…

Washington State has long taken a skeptical view of noncompetition agreements—and that skepticism is now on the brink of becoming a complete ban. Both chambers of the Legislature have approved Engrossed Substitute House Bill (ESHB) 1155, and the bill now awaits Governor Bob Ferguson’s signature, which is widely expected. If signed, the law will dramatically reshape Washington’s restrictive covenant landscape. It would also position Washington State within a growing national trend to…

Seyfarth Synopsis: In a recent Massachusetts Superior Court decision, the Court held that there is no individual liability or aiding and abetting claim under the Massachusetts Paid Family and Medical Leave Act (PFMLA). In Laughlin v. Binstar, Inc., et al., Binstar’s former CEO claimed that the company and its board members and investors violated the PFMLA by contacting him and asking him to perform work during his protected medical leave.…

Law360 published a feature story on Seyfarth’s continued growth in Dallas, highlighting the addition of three prominent lateral partners, Deborah Ryan, Jonathan Bull, and Jeff Cash, whose additions strengthen the firm's real estate, corporate, and environmental capabilities. In the article, Amy Simpson, managing partner of the Dallas office, emphasized how the three new hires align with the firm’s strategic momentum, noting: “Adding three highly regarded transactional partners in Dallas is a significant step as we continue to invest in this important…

Seyfarth Synopsis: The U.S. Department of Labor has proposed a new independent contractor rule that would guide courts, companies, and workers in their determinations of who must be paid as an employee and who can be treated as an independent contractor under the FLSA and two other statutes. After much anticipation, the Department of Labor (DOL) has published a Proposed Rule defining independent contractors as opposed to employees under the…

Seyfarth Synopsis: The U.S. Department of Labor has launched a modernized open data portal that replaces its prior enforcement data page and expands access to a broader range of labor‑related datasets.  The information now made public includes unemployment insurance claims, federal contractor veteran employment data, and county‑level childcare price information.  The portal also introduces enhanced features such as data visualizations, a flexible API, and improved AI‑driven search capabilities. The U.S.…

Executive Summary The FAA has announced a new mandatory Operations Specification, OpSpec A134, that will require all Part 121 carriers to ensure pilot hiring is conducted strictly on a merit‑based basis. This development stems from federal directives aimed at eliminating race‑ and sex‑based preferences in safety‑critical roles. Although OpSpec A134 is not yet effective, it is moving through the FAA’s non‑emergency amendment process, which imposes extremely short timelines for carrier…

February 19, 2026 – Four Seyfarth Shaw LLP lawyers—Heriberto “Heri” Alvarez Jr. , Yoon-Woo Nam, Gaspar Gonzalez, and Daniel Keum—have been chosen for the 2026 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs. This marks the first time the firm has had four lawyers recognized in a single year, reflecting their exceptional legal work and emerging leadership in the profession. The LCLD Fellows Program is the organization's flagship talent development initiative, offering high-potential mid-career attorneys a year-long experience focused…

On February 6, 2026, the administration sought emergency relief from the U.S. District Court for the District of Columbia’s February 2 order (see here for our prior TPS employer impact update) and filed an appeal with the U.S. Court of Appeals for the D.C. Circuit, moving the Haiti Temporary Protected Status (TPS) dispute into the appellate phase. At a February 12 hearing, U.S. District Court Judge Ana Reyes declined from…

Introduction Robotics and artificial intelligence are converging at an unprecedented pace. As robotics systems increasingly integrate AI-driven decision-making, businesses are unlocking new efficiencies and capabilities across industries from manufacturing and logistics to healthcare and real estate. Yet this convergence introduces complex legal and regulatory challenges. Companies deploying AI-enabled robotics must navigate issues related to data privacy, intellectual property, workplace safety, liability, and compliance with emerging AI governance frameworks. The Shift:…

This week, we’re shining a spotlight on meaningful innovation in the access to justice space by revisiting our conversation with Kristen Sonday, co-founder and CEO of Paladin. Kristen and her team are transforming the way pro bono work happens—making it easier for law firms, legal departments, and nonprofits to connect lawyers with opportunities while cutting down on the administrative friction that so often gets in the way. For anyone interested in…

Seyfarth Synopsis: Following the Ninth Circuit’s July 2025 decision holding that EEO‑1 workforce data is not protected “commercial” information under FOIA Exemption 4, and the court’s subsequent December 29, 2025 mandate requiring the Department of Labor (DOL) to release the reports, the parties submitted a joint stipulation that now sets firm dates for public disclosure of federal contractors’ EEO‑1 Component 1 Report data. As these reports cover filing years 2016…

Seyfarth Synopsis: The California Supreme Court held that illegibility and tiny font are matters of procedural, not substantive, unconscionability. However, courts must closely scrutinize the terms of hard-to-read agreements for unfairness, and ambiguities in such adhesive contracts (such as arbitration agreements) should be resolved against the drafter. Fuentes v. Empire Nissan, Inc.  The Facts When applying to work at Empire Nissan, Evangelina Fuentes signed an “Applicant Statement and Agreement” that…

On February 3, 2026, the Delaware Supreme Court issued a short but highly anticipated order in North American Fire Ultimate Holdings, LP v. Doorly, reversing the Chancery Court’s dismissal of contract claims seeking to enforce restrictive covenants against a former senior executive. The decision clarifies that the existence of consideration supporting restrictive covenants must be evaluated at the time the parties enter into their agreement—not at the time of an alleged…

Seyfarth is pleased to announce the release of the second edition of Washington Peculiarities: An Employer's Guide to Labor & Employment Laws in the Evergreen State. Authored by Labor & Employment attorneys in the firm's Seattle office, this book provides a high-level overview of employment laws in Washington and includes laws that went into effect on January 1, 2026. Click HERE to request an electronic copy of the publication. If you should…

February 3, 2026 – Seyfarth Shaw LLP has named Suzanna Bonham managing partner of the firm’s Houston office, marking an exciting new chapter for Seyfarth in Texas. Bonham, who joined Seyfarth in 2013, brings more than two decades of leadership experience as a litigator, strategist, and trusted advisor to clients and firm leadership alike. Bonham has built a formidable reputation both in the Houston market and across Texas. She is a…

The year 2025 has seen significant developments in employment law in Hong Kong. This article provides a quick glance at the major changes introduced during the year and offers insights into anticipated changes as we transition further into 2026. To read more about all the key updates, please click here for the full version of this article. January: Six visa categories move to online-only applications. Click here to read more.…

Earlier this month, we analyzed House Bill 2191, the proposed legislation that would significantly expand wage and benefit liability in Washington’s construction industry. On January 28, 2026, lawmakers released a substitute version of the bill (HB 2191‑S) that makes several important changes. Although the substitute preserves the bill’s core objective—expanded accountability for unpaid wages and benefits—it narrows and clarifies key provisions that raised concerns for general contractors and project owners.…

Seyfarth’s Trademark practice earned widespread recognition in the 2026 edition of the World Trademark Review 1000, a guide that spotlights “leading professionals and firms that are deemed outstanding at obtaining, protecting, managing, enforcing and monetising trademarks." "With trademark capabilities spanning over 190 countries, Seyfarth Shaw delivers consistently high-impact results through a collaborative, tech-enabled infrastructure," WTR wrote of the firm. The firm earned high rankings nationally as well as in the…

The U.S. Department of Justice (“DOJ”) has released its annual statistics on enforcement under the federal False Claims Act (“FCA”), reporting more than $6.8 billion in settlements and judgments for fiscal year (“FY”) 2025, the largest single‑year recovery in the statute’s history. The report reflects record whistleblower activity, the continued dominance of health care enforcement, and DOJ’s expanding use of the FCA in procurement, cybersecurity, pandemic relief, and trade matters.…