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Is My Company a Public Nuisance?: Community Threat in the COVID Age  

by Kristin A. Zech | June 16, 2020 | Employment & Labor Law

A number of Chicago-area McDonald’s employees and their live-in family members have filed a lawsuit against McDonald’s corporation and several franchisees, alleging that the restaurants’ unsafe working conditions during the coronavirus pandemic create a public health risk. In Massey, et al. v. McDonald’s Corp et al., (Case No. 2020-CH-4247), the…

Employers Cannot Categorically Reject Applicants Without Permanent Work Authorization

by Kristin A. Zech | June 16, 2020 | Employment & Labor Law , Immigration Law

While a long-term workforce may be laudable, an employer cannot use this goal to justify its refusal to hire individuals without permanent work authorization.  In Rodriguez v. The Proctor & Gamble Company (Case No. 17-22652-CIV-Williams), the U.S. District Court for the Southern District of Florida recently denied Proctor &…

In the Rocket Docket, Motions are Not Just for Fridays Any More

On Behalf of Berenzweig Leonard, LLP | June 15, 2020 | Rocket Docket

For those of us who practice regularly in the Eastern District of Virginia, for many years,  Fridays have been busy days in the courthouse, with lots of traffic at the entrances and in the elevators. This is because the District Judges and Magistrate Judges have customarily held their civil…

Business Use of Investigative Report Defeats “Work Product” Privilege 

On Behalf of Berenzweig Leonard, LLP | June 15, 2020 | Business Litigation , Government Contracts

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…

SBA and Treasury Issue Interim Final Rule Implementing PPP Changes Made by the Paycheck Protection Program Flexibility Act

by Stephanie Wilson | June 12, 2020 | Business Litigation , Employment & Labor Law

On June 11, 2020, the SBA and the Treasury Department released an interim final rule to reflect the changes to the Paycheck Protection Program (PPP) made by the Paycheck Protection Program Flexibility Act (PPPFA). This interim final rule changes key provisions of the April 2, 2020 interim final rule, such…

Paycheck Protection Program Flexibility Act of 2020 Headed to President’s Desk

by Stephanie Wilson | June 4, 2020 | Business Litigation , Employment & Labor Law

On June 3, 2020, the Senate passed the Paycheck Protection Program Flexibility Act of 2020, which amends the Paycheck Protection Program (PPP) to modify provisions related to the forgiveness of loans under the program. This bipartisan bill was passed by the House on May 28 and now will go…

Court Institutes “Phased Expansion of Court Operations” COVID-19 Edition, Part 4

On Behalf of Berenzweig Leonard, LLP | June 3, 2020 | Rocket Docket

On May 26, 2020, the Chief Judge of the Eastern District of Virginia issued General Order No. 2020-16 setting forth the “phased expansion of court operations.” This General Order represents the next step in the Court’s efforts to keep court proceedings going while observing restrictions necessary for public health…

Virginia Criminalizes Employer Questions About Marijuana

by Clyde E. Findley | June 3, 2020 | Employment & Labor Law

Virginia is on its way to becoming a marijuana-friendly state, but not if you are an employer. Beginning on July 1, 2020, it will be a crime for a Virginia employer to ask applicants to reveal if they have been charged or convicted of simple marijuana possession. The new law…

Criminal Law; Immigration Law; Party Presentation Principle 

On Behalf of Berenzweig Leonard, LLP | May 20, 2020 | Immigration Law

UNITED STATES v. SINENENG-SMITH, ___ U.S. ___, No. 1967 (7 May 2020) This case concerns a provision of the immigration laws, 8 U. S. C. §1324, which makes it a felony to encourage or induce an alien to enter or reside in the United States, knowing or in reckless disregard…

GAO Sustains Protest Where Agency Improperly Credited Awardees for Certifications and Performance of Affiliates

by Stephanie Wilson | May 18, 2020 | Government Contracts

GAO recently sustained a protest that the agency improperly credited awardees for having mandatory certifications, where the certifications provided in the proposals were issued to affiliated entities and not the offeror. In that same procurement, GAO determined that the agency also unreasonably credited one of the awardees with the corporate…

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