Seyfarth Shaw LLP

Seyfarth Synopsis: On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited exceptions, would be one of the most restrictive of its kind in the country. The bill is expected to pass the Senate and be signed by Governor Maura Healey. If passed, the law would go…

On December 22, 2023 the State of New York adopted the New York LLC Transparency Act (as amended to date, the “NY LLCTA”). The NY LLCTA in many respects follows the federal Corporate Transparency Act (together with any regulations promulgated thereunder, the “CTA”). However, one material difference is that unlike the CTA which applies to many different types of entities, including corporations, limited partnerships, limited liability companies and statutory trusts…

Seyfarth Synopsis: A series from our seasoned and successful Boston L&E Trial Team will explore the latest trends in jury trials in a time of explosive verdicts, Reptile tactics, polarization, and an election year. We’ll offer practical strategies on how to maximize your chance of a total defense verdict, despite these headwinds, based on our experience navigating trials in this environment. We will cover specific strategies for a range of claims,…

Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness.  On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee legislature and signed into law the Ensuring Likeness, Voice, and Image Security (“ELVIS”) Act of 2024, HB 2091/SB 2096, which updates Tennessee’s right of publicity statute.  The new law is groundbreaking because Tennessee has…

 By Matthew A. Sloan, A. Scott Hecker, and Adam R. Young Seyfarth Synopsis: On April 1, 2024, the Federal Register published OSHA’s final rule revising its regulations regarding whom employees can authorize to act as their representative(s) to accompany compliance officers during on-site OSHA inspections. Under Section 8(e) of the Occupational Safety and Health Act, employees and employers alike have the right to have a representative accompany OSHA Compliance Officers (“CSHOs”) during physical…

By Rachel See, Dawn Solowey and Adrienne Lee Seyfarth Synopsis: In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace training or program. The EEOC’s opinion also confirmed that an undue hardship analysis is not limited to considerations of an employer’s financial cost,…

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 – Update on Post-Graduate…

By: Bradley D. Doucette, Scott P. Mallery, & Noah A. Finkel Seyfarth Synopsis: A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it might trigger movement throughout the country to revisit what a “standard” workweek means for American employees. We are posting…

By Alex J. Reganata and Barry J. Miller Seyfarth Synopsis: Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the workforce to reflect a different racial and gender makeup. The Fourth Circuit upheld the jury’s finding that the Plaintiff’s race was…

UK Skilled Worker Visa – Significant Changes A major update to the UK immigration rules was published on 14 March 2024.  The new rules will become effective on 4 April 2024. Notably, these new rules will affect a large number of employers and their employees who need UK work visa sponsorship. Transitional arrangements apply until 3 April 2030 for Skilled Workers whose Certificate of Sponsorship is assigned before 4 April…

LONDON (March 21, 2024) - Seyfarth Shaw LLP announced today the arrival of partner Matthew Banham to the firm’s litigation department, further expanding the firm’s globally recognized white-collar and investigations practice. Banham joins Seyfarth from Dechert, where his practice focused on multi-agency and complex cross-border investigations and prosecutions with an emphasis on financial crime and contentious regulatory matters. "There is a tremendous need right now among our clients for expertise…

On Wednesday, March 20, Seyfarth attorneys Rebecca Woods, Owen Wolfe, Lauren Leipold, and Puya Partow-Navid will present and Ken Wilton will moderate, the first session of the 2024 Commercial Litigation Outlook webinar series: Charting the Course: AI’s Influence on Legal Practice and IP Protection. Time of the event:1:00 p.m. to 2:00 p.m. Eastern About the Program Our esteemed panel of experts will explore the intricate intersections of AI technology, legal…

Seyfarth Synopsis:  As reporting companies prepare their Pay Versus Performance (PVP) disclosures for their upcoming proxy statements, they should take into consideration the most recent guidance on the topic in Securities and Exchange Commission’s (SEC’s) Compliance & Disclosure Interpretations (CD&Is). The PVP disclosure rules (Item 402(v) of SEC Regulation S-K) require public reporting companies to disclose (for fiscal years ending on or after December 16, 2022) the relationship between executive…

March 12, 2024 — Seyfarth Shaw LLP, a leading law firm known for its innovative approach and client-focused services, today announced the creation of its first Impact & Sustainability Partner position, underscoring its commitment to aligning business goals with client values and demands. The firm has appointed seasoned partner Ameena Majid to this founding role, which will help the firm and its clients navigate and drive business goals centered around…

Our guest today is Zack DeMeola, Senior Director of Strategic Initiatives at the Law School Admission Council (LSAC), a not-for-profit organization with the goal of advancing law and justice by promoting access, equity, and fairness in law school admission and supporting learning journeys from prelaw through practice. A former corporate litigation attorney, Zack left practice after several years to join the Institute for the Advancement of the American Legal System…

Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report complaint data to a government agency. Earlier this year, New Jersey legislators introduced Assembly Bill 2443 (“AB 2443” or the “Bill”), which if passed, would significantly reduce the standard for harassment claims under the New Jersey Law Against Discrimination (“NJLAD”) and…

By Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker,  Daniel R. Birnbaum, Melissa A. Ortega and Taylor Iaculla Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office, as well as management, labor, and safety…

International Women’s Day for 2024 has the important theme of Count Her In: Invest in Women. The UN talks about the importance of empowering women and investing in women in a range of ways. This includes accelerating women’s economic empowerment by recognising that when women entrepreneurs are successful, this can lead to more benefits. The topic of investing in women has been in the headlines in Australia, following the first…

Seyfarth’s Commercial Litigation practice group is pleased to present the fourth annual installment of the Commercial Litigation Outlook, which provides insights on litigation issues and trends to expect in 2024. Since its inaugural publication in 2020, Seyfarth’s Commercial Litigation Outlook has served as a beacon for legal professionals, providing invaluable insights and forecasting emerging trends.  2024 promises to be one for the history books — a vastly more robust regulatory…

By Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, Daniel R. Birnbaum, Melissa A. Ortega and Taylor Iaculla Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office, as well as management, labor, and safety professionals. Day 2 started…

This blog has been cross-posted from Seyfarth’s The Blunt Truth site. Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis.  But a combination of federal copyright registration and state trademark registration for these goods and services may provide an opportunity for cannabis companies to protect the substantial investments made in their brands and offerings.  A recent case in California, The Holding Company LLC v.…

By Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, Daniel R. Birnbaum, Melissa A. Ortega and Taylor Iaculla Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office, as well as management, labor, and safety professionals. Tuesday, March…

Seyfarth Synopsis: With each passing year, the country’s patchwork of mandatory state paid family and paid family medical leave (collectively, “PFML” or “PFL”) laws continues to evolve and expand. Why is this existing patchwork so challenging for employers? Look no further than how varied these laws are in terms of their substantive and procedural components. The below graphic illustrates this complexity by highlighting four key PFML substantive areas – (1)…

SPEAKING ENGAGEMENT: Tracee Davis and Grayson Moronta will Speak on Coalition of Women's Initiatives in Law Panel on the State of DE&I in Law Firms and Companies | Employment Law Lookout Skip to content

Seyfarth Synopsis: With DOL’s overtime exemption rule currently under White House review, we could see its publication sooner rather than later. We previously reported on the Biden Administration’s April 2024 target date to publish the DOL Wage and Hour Division’s (“WHD”) final rule on increasing the minimum salary level for white-collar exemptions, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees.” An April release now…

Wednesday, March 13, 202412:00 p.m. to 1:00 p.m. Eastern11:00 a.m. to 12:00 p.m. Central10:00 a.m. to 11:00 a.m. Mountain9:00 a.m. to 10:00 a.m. Pacific About the Program Today’s polarized environment presents many challenges for employers.  One such challenge is how to respond to reports of employees’ off-duty conduct.  Off-duty conduct – particularly when captured or reported online -- may affect the workplace and other employees, threaten the company’s reputation, or…

As the FLSA landscape continues to evolve, Seyfarth’s national Wage and Hour Litigation practice group is pleased to share our observations and analysis of the 2023 FLSA litigation trends as well as our forward-looking predictions for 2024. Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted standards—for…

By Adam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The United States Centers for Disease Control and Prevention (CDC) is shifting its COVID-19 isolation guidance, advising that COVID-positive individuals no longer need to isolate once they have been fever-free for 24 hours and their symptoms are mild or improving. After weeks of rumors, the CDC revised its COVID-19 guidance to eliminate its five-day isolation recommendation and…

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. Brazil – Tourist and Business…

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check on the retail market legislation in Virginia. New Hampshire’s House of Representatives passed an adult-use cannabis bill. Arkansas’ Attorney General gives the go-ahead for advocates to start collecting signatures for a ballot initiative. Nevada opens its first cannabis consumption lounges. And finally, what have those teachers at…

Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for employers in the Big Apple. On December 12, 2023, the New York State Legislature delivered a bill for the Governor’s signature that would have banned “any agreement, or clause contained in any agreement, between an employer…

  Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who support those tools are more than happy to provide them. Global spend in the health and wellness market would be around $24.8 billion in 2023 according to a study by Kilo Health. Wellness apps and wearables…

A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies.

New York State’s law on pay transparency in job advertisements went into effect on September 17, 2023.  A few days before the law’s effective date, the state’s Department of Labor published proposed rule making that would clarify key points of the law, while also leaving some questions unanswered. Public comment on the proposed regulations will be received until November 12, 2023. Overview of New York State Law On March 3,…

Anything but casual… In the first of our series examining the Closing Loopholes Bill introduced into Parliament yesterday, we look at the new measures for casual employment. The Orwellian title of the Closing Loopholes Bill foreshadows its intentions: casual employment is double-plus-ungood. Premised on the doublethink notion that casual employment is a bad moon on the rise, the Bill proposes wholesale changes to the casual employment test, including measures to…

Almost precisely a year after the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under Title II of the Americans with Disabilities Act (ADA), the DOJ has published its Notice of Proposed Rulemaking (NPRM) to the Federal Register for publication today, August 4, 2023. We will follow up with another post with more substantive analysis, but here…

Several U.S. courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. In one of those cases, a California federal judge recently indicated that he would dismiss the bulk of the plaintiffs’ complaint, while giving them a chance to re-plead their claims. A written decision from the court is forthcoming, and that decision could be an important one for…

As the cannabis industry matures, there will be winners and losers.  Losers lack access to the U.S. Bankruptcy Code.  Marijuana related assets cannot be sold free and clear of liens and encumbrances via the tried and true bankruptcy section 363 sale, which leaves the loser’s creditors without the best tool to maximize the value of the loser’s assets, and deprives acquirers of a federal court order conveying assets.  What’s the…

At the beginning of the pandemic, concerns were raised that trade secret misappropriation might take a new form. Indeed, with large swaths of the workforce working from home, spouses, roommates, or others living in the same area had an increased opportunity to purloin confidential information that might not have been available to them previously. But a recent case in Massachusetts highlights that this is not unique to pandemic-era work-from-home setups.…

  Seyfarth Synopsis: The COVID-19 pandemic and wildfire smoke shrouding the skies over the East Coast this summer have drawn more attention to indoor air quality, leading the New York City Council to propose indoor air quality resolutions.  Indoor air quality has long been a source of employee health complaints. While the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) offers industry consensus standards on ventilation rates and federal OSHA…