Business Litigation

On June 28, 2024, the U.S. Supreme Court decided in Loper Bright Enterprises v. Raimondo, by a 6-3 majority, to overturn Chevron-deference, a longstanding precedent that implored courts to defer to an agency’s interpretation of an ambiguous statute. Almost a month later, the U.S. House of…

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…

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…

The federal Fair Trade Commission started 2023 with a bang by announcing a newly proposed rule that, if adopted, will categorically ban non-competes for almost all U.S. workers – including independent contractors. Under the proposed rule, the ban not only applies to new non-compete provisions, but will effectively invalidate…

A new Federal law recently passed targeting non-disclosure and non-disparagement clauses in the employment context. The 2022 Speak Out Act prohibits U.S. employers from using these kinds of provisions to prevent employees from disclosing or discussing disputes involving workplace sexual harassment and assault. However, the new law only applies to…

On November 10, 2022, the FTC issued a new Policy Statement greatly expanding its scope of antitrust enforcement powers under Section 5 of the FTC Act.[1] The new Policy Statement makes it clear that the FTC will no longer limit its Section 5 enforcement powers to violations…

As we start to return to normal, many businesses are eager to start the recovery process after surviving 2020. However, many businesses are also keeping in mind the safety of their employees and their customers as capacity limits are eased.  Recently, some businesses floated the idea of requiring all customers…

TRUMP v. MAZARS USA, LLP, ___ U.S. ___, No. 19-715 (9 July 2020) During April 2019, three committees of the U.S. House of Representatives issued subpoenas for information about the finances of President Trump, his children, and affiliated businesses.  The House claimed that generally the financial information would help…

When companies get into trouble and need to investigate and prepare a report on it to the government, they typically want to limit the report’s exposure. One way to limit disclosing company information in these situations is to hire an outside law firm to direct the investigation and have the…