Seyfarth Shaw LLP

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.…

On January 12, 2026, New Jersey Governor Phil Murphy signed Assembly Bill 4182 amending key sections of the New Jersey Employer-Employee Relations Act (NJEERA). Originally enacted in 1968, NJEERA governs labor relations in the state’s public sector and established the Public Employment Relations Commission (PERC) to oversee collective bargaining and dispute resolution for public employees. This new legislation, which contains multiple pages of additional text, (1) implements a significant shift…

Seyfarth Synopsis: The California Court of Appeal rejected the argument that the Federal Arbitration Act (FAA) cannot apply absent evidence of interstate commerce, emphasizing that arbitration under the FAA is a matter of consent. Thus, the Court affirmed that an arbitration agreement is governed by the FAA when the parties expressly agree to its application. Tuufuli v. West Coast Dental Administrative Services, LLC, 2nd Appellate District, Case No. B338584. The…

On January 14, 2026, the Federal Trade Commission (FTC) announced that the 2026 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $126.4 million to $133.9 million. Deals that exceed this $133.9 million threshold may need to be reported to the FTC and U.S. Department of Justice (DOJ) depending on the size of the parties to the transaction as measured by the volume of their…

Seyfarth Synopsis: Effective December 8, 2025, New Jersey employers must report all employee separations (layoffs, terminations, resignations, or retirements) electronically through the state’s Employer Access portal. In 2023, amendments to New Jersey’s Unemployment Compensation Law took effect, which increased unemployment reporting obligations for employers.[1] As a result of these amendments, New Jersey employers are now required to report all employee separations—which includes layoffs, terminations, resignations, or retirements—electronically through New Jersey’s…

Hyperscalers are reshaping the power market, and they are doing so faster than traditional utility planning cycles can accommodate. AI-driven data centers require massive load, compressed timelines, and execution certainty that utilities, constrained by regulation and legacy processes, often cannot guarantee. This gap has created a decisive opportunity for independent power producers (IPPs) who can move faster, allocate risk differently, and stand behind performance. Hyperscalers are highly selective counterparties. They…

Seyfarth Synopsis: Effective April 18, 2026, New York State will prohibit employers from requesting or using consumer credit history for employment decisions, with only narrow exemptions. The law also prohibits background screening agencies from providing credit history information unless an exemption applies. This change aligns New York with a growing number of jurisdictions limiting employer use of credit information. On December 19, 2025, Governor Kathy Hochul approved S03072, which amends…

January 5, 2026 - New York, NY — Seyfarth Shaw LLP announced today that Marc Mukasey’s powerhouse trial practice is joining the firm. The Mukasey team, including partner Torrey Young and three other lawyers from Mukasey Young LLP, will join Seyfarth and continue their focus on representing clients whose business, reputation, or freedom is being challenged. Mukasey will serve as co-chair of the firm’s Trial practice alongside Boston partner Lynn…

The uncertainty at the start of 2025 as to the United States transfer (gift and estate) tax exemption has been resolved with the passage of the One Big Beautiful Bill Act (the “Act”) signed into law on July 4, 2025.  The increased exemption ($13.99 million per person in 2025), established under the 2017 Tax Cuts and Jobs Act, was scheduled to expire at the end of this year, reverting back…

On December 19, 2025, New York Governor Kathy Hochul vetoed legislation that would have restored the original, broader scope of the New York Limited Liability Company Transparency Act (the “NY LLCTA”). As a result, the NY LLCTA will apply only to non-US limited liability companies authorized to do business in New York, when it takes effect on January 1, 2026. Background and Legislative Context The NY LLCTA largely tracks (with…

Seyfarth Synopsis: As we close out 2025, Governor Kathy Hochul signed into law an amendment to the New York Labor Law, entitled the New York Trapped at Work Act, which bans “employment promissory notes” and similar stay‑or‑pay clauses used as a condition of employment.  The statute took effect immediately on December 19, 2025. New York’s Trapped at Work Act (the “Act”) prohibits employers from requiring workers or job applicants to sign…

Executive Overview On 26 November 2025 the Serious Fraud Office (SFO) published its first ever guidance on Evaluating Corporate Compliance Programmes. The document provides organisations with greater visibility into how the SFO assesses the effectiveness of compliance programmes and how those assessments influence decisions on prosecution, Deferred Prosecution Agreements (DPAs), statutory defences and sentencing. The central message is that compliance must operate effectively in practice rather than exist solely as…

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)…