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Disjointed: Texas Federal Court Vacates the NLRB’s Sweeping and Controversial New Joint-Employer Rule

by Charles L. Bonani | March 14, 2024 | Employment & Labor Law

Late into the evening on Friday, March 8, 2024, after lengthy litigation and two delays of the rule’s effective date, the U.S. District Court for the Eastern District of Texas vacated the National Labor Relation Board’s (“NLRB”) new rule on the standard for determining joint-employer status…

Venture Capital vs Private Equity: Understanding the Differences

by Joseph R. Tulloch | March 5, 2024 | Corporate & Technology Law

When looking to raise funds for new businesses, two options often come to mind: venture capital (VC) and private equity (PE). While both involve investments in companies, they are quite different and it is vital to understand their distinctions. In this blog, we break down the differences between venture capital…

The New York Times vs. OpenAI: AI’s Impact on Copyright and Traditional Media

by Clyde E. Findley | February 27, 2024 | Intellectual Property

The New York Times vs. OpenAI copyright lawsuit has the potential to be a litmus test to measure how AI advancements could affect traditional media and established intellectual property regulations. As the case moves through the courts, it may raise more questions than answers, given the…

Expanded Worker Protections Under The Pregnant Workers Fairness Act

by Nick Johnson | February 7, 2024 | Employment & Labor Law

Originally published in IRMI’s Fall 2023 issue of Employment Practices Liability Consultant (EPLiC) By Nick Johnson and Shelby Julien The Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023, is focused on providing temporary accommodations to pregnant workers with…

Independent Contractor or Employee? The Department of Labor Issues a New Final Independent Contractor Rule

by Samy W. Abdallah | January 18, 2024 | Employment & Labor Law

The U.S. Department of Labor (“DOL”) published a long-awaited final rule (the “2024 Final Rule”) on January 9, 2024, defining what it means to be an “independent contractor” under the Fair Labor Standards Act (“FLSA”). In sum, the 2024 Final Rule is…

The Corporate Transparency Act: What Business Owners Need to Know

by Joseph R. Tulloch | December 14, 2023 | Corporate & Technology Law

Update: On March 1, 2024, a federal judge in Alabama declared the Corporate Transparency Act (CTA) unconstitutional in the case of National Small Business United v. Yellen. However, this ruling only applies to the named plaintiffs in that specific case, which includes all entities that were…

NLRB Ban on Nondisparagement and Confidentiality Clauses in Severance Agreements and What It Means for Employers

by Rachael C. Haley | November 7, 2023 | Employment & Labor Law

Originally published in IRMI’s Summer 2023 issue of Employment Practices Liability Consultant (EPLiC) By Rachael Haley and Declan Leonard Key Takeaways The National Labor Relations Board (NLRB)’s McLaren Macomb decision was a return to prior, long- standing precedent that employers may not offer nonsupervisory employees severance…

Major Updates to SBA 8(a) Program Certification Requirements

On Behalf of Berenzweig Leonard, LLP | October 31, 2023 | Government Contracts

View the PDF here Presented by The Capital Group and Berenzweig Leonard The SBA is no longer permitting most applicants to the 8(a) Business Development Program to establish their eligibility based on the rebuttable presumption of social…

New Form I-9s and Remote I-9 Verification Procedures

On Behalf of Berenzweig Leonard, LLP | October 31, 2023 | Employment & Labor Law

New Form I-9s On August 1, 2023, the U.S. Citizenship and Immigration Services (“USCIS”) released a revised version of the Form I-9, Employment Eligibility Verification that must be used for all new hires and rehires starting November 1, 2023. The notable changes in the new form…

How Changes to the HSR Act Could Impact the Purchase or Sale of Your Business

by Joseph R. Tulloch | October 26, 2023 | Corporate & Technology Law

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly released a Notice of Proposed Rulemaking (NPRM) suggesting significant changes to the existing premerger filing requirements under the Hart-Scott-Rodino (HSR) Act, which applies to all potential mergers valued at $111.4…

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