Seyfarth Shaw LLP

(August 14, 2024) - 220 individual Seyfarth attorneys were selected by their peers as leaders in their fields, covering 46 different practice areas, in the 2025 edition of The Best Lawyers in America. Lawyers from all 13 of Seyfarth’s US offices were honored. Two Seyfarth lawyers (William B. Hill, Jr. and Richard Morvillo) were each recognized in five separate practice areas. Three other attorneys (Jeffrey Berman, Douglas Mancino, and Gregory…

Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding the full scope of systemic problems. These are all valid concerns. However, the part that often gets overlooked when discussing the use of NDAs is that there are good reasons why NDAs are commonly used. It is important to recognise…

In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to temporarily hire foreign workers for roles that typically require at least a bachelor’s degree in the specific specialty, or its equivalent. These specialty occupations span a wide range of industries. Why a Second Lottery? The second…

Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns arising from recent legal interpretations of the Illinois Biometric Information Privacy Act (“BIPA,” 740 ILCS 14/ et seq.), particularly following the Illinois Supreme Court’s 2023 decision in Cothron v. White Castle System Inc., in which the Court…

It is not often that the government has the opportunity to regulate and oversee an entirely brand new market; and, in the case of California, when it legalized recreational cannabis for adult-use, it decided to mandate involvement of labor unions in the state’s emerging cannabis industry, through implementation of a Labor Peace Agreement (“LPA”) requirement. Because this fundamental choice by the state has posed headaches and dilemmas for licensees, cannabis…

In an effort to introduce a fully digital immigration system, the UK Government has announced that Biometric Residence Permits (BRP) and Biometric Residence Cards (BRC) will be phased out, and that as of January 1, 2025, they will no longer be in circulation. To address some concerns for employees and our clients, we have created the following Fact Sheet: All UK BRP/BRC cards have an expiration date of December 31,…

This year’s Olympic Games have already been packed with compelling storylines.  These storylines include the somewhat controversial opening ceremony to Yusuf “hold my beer” Dikec winning hearts and the silver medal in pistol shooting, and Simone Biles clinching her tenth gold medal (with more possibly on the way).  Adding to the Olympic headlines, on August 4, USA’s Noah Lyles added to the Olympic headlines by edging past Kishane Thompson, from…

Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to do so. Quach v. California Commerce Club, Inc. The Facts In 2018, following his termination, Peter Quach sued his former employer, California…

Please note:  while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in “real-time” before traveling internationally. Please reach out to our Global Mobility Team in advance of any international travel. Canada –  Express Entry and…

The Corporate Transparency Act (CTA) took effect on January 1, 2024 and some U.S. nonprofits and tax-exempt organizations are still debating how the CTA applies to them. This article provides newly-formed and existing nonprofits and tax-exempt organizations with a general overview of their CTA compliance obligations and exemptions. For information about the CTA compliance obligations and exemptions applicable to subsidiaries of tax-exempt organizations, please see Part 2: CTA Compliance for…

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, 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. Follow us on:               Into the Breach Podcast - Episode 34: New Opportunities in…

Wednesday, August 7, 202412:00 p.m. to 1:00 p.m. EDT11:00 a.m. to 12:00 p.m. CDT10:00 a.m. to 11:00 a.m. MDT9:00 a.m. to 10:00 a.m. PDT About the Program Seyfarth’s Pioneers and Pathfinders virtual roundtable series has tackled critical topics intended to help our clients navigate the implications of generative AI and natural language processing models in the legal industry. Our first roundtable covered the risks and benefits of generative AI, the…

On June 27, 2024, the Office of Federal Procurement Policy’s  Cost Accounting Standards (CAS) Board issued an advanced notice of proposed rulemaking (ANPRM) seeking public comments on proposed changes to the Cost Accounting Standards (CAS) on conformance to Generally Accepted Accounting Principles (GAAP) related to CAS 408 (Accounting for costs of compensated personal absence) and CAS 409 (Cost accounting standard depreciation of tangible capital assets). The CAS Board has provisionally…

Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant contributions to discussions on artificial intelligence in employment, establishing him as a leading authority on the subject. His departure leaves the EEOC with a 3-1 Democratic majority, and so it does not alter the Commission’s current political balance.…

Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner OpenAI. The judge is giving OpenAI until July 24 to respond to the plaintiffs’ argument that the material should be shielded as work product. The magistrate judge’s ruling is the latest in a series of setbacks…

About the Program: The first installment of this series will focus on key developments in labor management relations and address the following topics: What unions are prioritizing at the bargaining table and how recent contract settlements impacted industry standards 2023’s wave of high-profile strikes and what they signal for the industry in 2024 and beyond The impact of the Cemex decision on union organizing in these industries, and the practical…

A recent decision of the Illinois Motor Vehicle Board (the “Board”) reinforces why auto manufacturers need to ensure they have a proactive process in place to address the timely renewal of expiring dealer agreements. Based on the Board's recent decision, OEMs cannot and should not assume that the terms of an expired dealer agreement remain enforceable, particularly when the issue is being decided by a dealer board, as one OEM…

In a rapid-fire response, the Ryan Court in the Northern District of Texas this morning denied Plaintiff and Plaintiff-Intervenors’ Expedited Motion for Limited Reconsideration of the Scope of Preliminary Relief, and Plaintiff and Plaintiff-Intervenors’ Motion for Expedited Consideration of their Motion for Limited Reconsideration of the Scope of Preliminary Relief (for more on these motions, see here). In a three-sentence Order, the Court provided no explanation except that Plaintiff and…

Commentary:  The Court ruled on Wednesday, July 3, what most of the legal community already believed: that the FTC lacked the substantive rulemaking authority to issue a nationwide ban on non-competes between employers and workers. Nevertheless, the  ruling itself is not likely one that anyone expected.    On the one hand, the Court enjoined the FTC Rule, holding that “the text, structure, and history of the FTC Act reveal that…

About the Program: Much has happened in the ten years since our national Wage and Hour Litigation Practice Group wrote ALM’s authoritative Wage & Hour Collective and Class Litigation treatise. We are excited to continue our informative webinar series to discuss—in bite-sized increments—the past decade’s most important changes to the federal and state employee pay litigation landscape. The final installment of our “Time Well Spent” webinar series will focus on…

This 4th of July, look up and you might notice something spectacularly different lighting up the night sky. The days of stunning displays that relied solely on the crackle and pop of fireworks are numbered. In a remarkable twist of technology, drone light shows are offering a breathtaking alternative. Imagine a fleet of hundreds, even thousands, of drones, each equipped with vibrant LEDs, dancing in perfect harmony. They swoop, swirl,…

In honor of Independence Day, we're revisiting our discussion with Cindy Cohn, executive director at the Electronic Frontier Foundation (EFF). For many years, Cindy has been a champion for civil liberties in the digital space. In our conversation, she spoke about the EFF's history and mission, as well as the human rights issues she focuses on today. We hope you enjoy the holiday this week. We will return next week…

On May 17, 2024, the District of Columbia Office of Tax and Revenue (OTR) published a notice summarizing the District of Columbia’s current policy regarding the recordation and transfer tax treatment of an assignment of a lease, including a ground lease, with a term of at least 30 years (including renewals). This is the first official statement by OTR regarding the taxation of assignments of long-term leases, including ground leases.…

To bring Hong Kong’s Foreign-Sourced Income Exemption (FSIE) regime in line with the European Union’s updated guidance on FSIE regimes promulgated in December 2022, the Inland Revenue (Amendment) (Taxation on Foreign-sourced Disposal Gains) Ordinance 2023 was enacted on 8 December 2023 to refine Hong Kong’s FSIE regime with effect from 1 January 2024, under which, subject to certain carve-outs and reliefs, the scope of assets in relation to foreign-sourced disposal…

Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have numerous provisions that benefit California employers, including imposing more restrictive standing requirements for plaintiffs, codifying the need for manageability of PAGA claims, and reforming the penalty structure, along with several other changes detailed below. On…

Amendments to the Company Law of the People's Republic of China (the “New Company Law”) were passed on December 29, 2023, and will come into effect on July 1, 2024.  The New Company Law consists of 15 chapters and 260 articles, with substantial additions and modifications of around 70 articles compared to the current Company Law, which comprises 13 chapters and 218 articles. The main revisions are categorized into: (1)…

Trade associations representing independent repair facilities have become strong advocates for expanding right to repair laws to increase member access to vehicle telematics data. These efforts have created uncertainty for auto manufacturers, most recently in Maine, where state legislators failed in their effort to amend that state’s right to repair statute in response to a popular ballot referendum passed in November 2023 intended to address the incorporation of telematics into…

Seyfarth Synopsis: Expanding a law enacted in 2022, New York’s legislature passed another bill that seeks to limit warehouse-related injuries by requiring employers to establish and implement an injury reduction program, evaluate certain jobs for ergonomic injury risks, correct risk factors, and provide injury reduction training. Background: New York State’s Commitment to Warehouse Worker Protection In 2022, New York State passed the Warehouse Worker Protection Act (2022 WWPA). The 2022 WWPA requires…

Seyfarth Synopsis: Governor Newsom announced that a deal has been made to reform PAGA and take the PAGA initiative off the ballot in November. The Governor’s announcement provides some highlights of what the reform package will include; however, the language of the proposed bill is expected in the coming days. Yesterday, Governor Newsom announced that legislative leaders and business and labor group had reached an agreement on reforms to PAGA.…

Seyfarth Synopsis: Are you ready for it? The record-smashing icon, Taylor Swift, may have taken her tour to Europe, but that doesn’t stop new laws from cropping up back home. The Los Angeles County Board of Supervisors passed the Fair Work Week Ordinance on April 9, 2024, which is set to go into effect on July 1, 2025, for retail employers located in the unincorporated areas of Los Angeles County.…

By Kristina M. Launey & Minh N. Vu Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022.  After 2022’s record-setting year for website accessibility lawsuits filed in federal court, the 2023 filings dropped by 14%.  The total number of lawsuits filed in federal court alleging that plaintiffs with a disability could not use websites because they were not designed to be accessible and/or…

About the Program Join us for the third installment of our DEI Webinar Series: "Developments and Strategies in the Current Landscape of DEI Programs." During this third installment, Seyfarth attorneys explore common DEI programs and practices, including the effects of recent cases and developments. The webinar examines the structure and logistics of these programs, as well as common challenges to implementation. Our experienced panel will analyze different types of DEI…

About the Program: Italy, Spain and France have seen many changes in the employment law landscape within the last year. Seyfarth’s Italy, Spain and France qualified international employment law experts, Sofia Bargellini, Ana Cid and Laurence Harvey Wood, look forward to sharing some recent developments in their upcoming 45 minute webinar. These international employment law specialists will give an overview of hot topics and upcoming regulations within Europe. Topics will…

Terry Vlisidis, Unsplash By: Kevin M. Young Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive, thoughtful planning is key for employers to navigate these waters for their business and impacted employees alike. With the U.S. DOL’s final overtime exemption rule taking effect in a few weeks,…

Thursday, June 13, 20243:00 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 Workplace political speech poses unique challenges for employers, particularly in a polarizing U.S. election year, and amid political demonstrations worldwide.  Employers must balance employees’ rights with the interests of the organization, within a maze of intersecting federal and state laws.  The challenges are…

NEW YORK – (June 3, 2024) –  Seyfarth Shaw LLP announced today the arrival of partner John Domby to the firm’s Real Estate department in Charlotte, NC. Domby joins Seyfarth from Katten Muchin Rosenman LLP where he was a partner in its real estate finance and lending practice. “John is another key step in our strategic plans to grow our national real estate practice and Charlotte office,” said Paul Mattingly, national…

About the Program: Join Us for the second installment of our Diversity, Equity, Inclusion, and Belonging (“DEIB”) Webinar Series: “Strategic Approaches for Conducting DEIB Reviews” This micro-webinar series is designed to support employers as they navigate, refine, and enhance their DEIB programs within the current legal, societal, and cultural landscape. During the second session of our webinar series, Seyfarth attorneys will delve into the best practices and strategic approaches for…

We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard oral arguments on May 8, 2024 in this case involving image-generating AI software, a day after issuing a tentative ruling seeming to give the plaintiffs a chance to try…

We are thrilled to announce the release of the Chambers Trade Secrets 2024 Global Practice Guide, a comprehensive resource providing the latest insights and legal updates in the field of trade secrets law. Authored by leading experts in the industry, including Seyfarth Shaw LLP’s very own Robert Milligan and Dawn Mertineit, this guide is an invaluable tool for professionals navigating the complex landscape of trade secrets, computer fraud, and non-compete…

What do I need to know? New criminal laws in the UK will make companies more vulnerable to criminal prosecution for the acts of their employees and agents than ever before. The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) introduces two significant changes to the criminal law in the UK, making it easier for prosecution agencies to hold companies accountable for the actions of their employees. Those changes are…