[!<CDATA[ Over the past decade, financial technology companies (fintechs) have been on the rise, disrupting all segments of the financial industry. Their innovative technology, swift adaptation to market trends, and ability to create personalized and efficient customer experiences enabled them to reshape the way we look at, use, and provide financial services ...
Brandon Bundren and over 100 lawyers from around the country who practice extensively in the area of trade secrets and restrictive covenants co-signed a written submission to the Federal Trade Commission regarding its recent noncompete ban ...
[!<CDATA[ Multi-building condominium projects often raise unique legal issues as they do not squarely fall within the definitions used in state statutes. The Minnesota Supreme Court recently addressed the unique nature of multi-building condominium projects in Village Lofts at St. Anthony Falls Association v. Housing Partners III-Lofts ...
Construction is a highly competitive industry and the days when clients are willing to accept a trade-off among low price, fast project turnaround and high-quality workmanship are gone. The expectation to design and build projects within constrained budget and schedule limitations while providing uncompromised workmanship amplifies the importance of effective contractor quality control programs ...
Repurposing existing real estate is a common occurrence. Less common, but expanding, are the innovative solutions beginning to occur to address empty real estate — particularly shopping malls — as in-store purchases become less common in the age of the internet and Amazon deliveries. There have been some noteworthy conversions of large retail space into health care facilities. One such successful example is the Vanderbilt Medical Center in Nashville, Tenn ...
As noted in Part I and Part II of this series, benefits compliance concerns typically take a backseat to the many good reasons for healthcare organizations to provide or receive the services of leased employees. However, with sufficient awareness, these compliance issues, which often have surprisingly outsized risks, can generally be managed without disrupting the aims of the employee leasing arrangement ...
A gym franchisor recently secured a preliminary injunction against its former franchisee prohibiting the franchisee from operating an independent gym on the same location and using the franchisor’s trade secrets. Chris O’Hare, along with his company, (O’Hare), was a former Core Progression gym franchisee ...
A JV is commonly defined as a combination of two or more parties (people or entities) that is formed to acquire or develop and own, lease, manage and sell one or more real estate assets. The JV typically has two categories of partners: the “operating partner” and one or more “capital partners.” JVs are frequently used by experienced real estate developers to obtain the capital they need for their projects ...
In the waning days of 2022, FDA issued an updated Food Code with several important updates. FDA is responsible for more than a quarter of the U.S. economy, and the Food Code impacts virtually every American ...
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year's report is noteworthy for multiple reasons, including that it shows that protesters received some form of relief from the procuring agency in more than half of the protests filed with the GAO in FY 2020, and the GAO's use of Alternative Dispute Resolution (ADR) increased by 210% in FY 2020 ...
Monday, May 29, 2023, marked the official end of the 88th regular session of the Texas Legislature. It was an especially active session for the energy industry, which saw the passage of several bills that, if signed into law by Gov. Greg Abbott, will have significant and long-term impacts on the oil and gas, renewable energy and power sectors in Texas ...
Banks have played a crucial role these last few months as the COVID-19 pandemic has swept across the world. Through Paycheck Protection Program loans, payment deferments, and other initiatives, banks have provided significant assistance to people and businesses of all types. The banking industry has worked incredibly hard, and bankers across the country should be proud ...
In its conference on Feb. 19, the U.S. Supreme Court is scheduled to consider two pending petitions for certiorari that could resolve a critical but deeply disputed issue that impacts both the False Claims Act and health care law. The cert petitions in those cases — U.S. v. Care Alternatives,[1] and Winter v ...
Moderator Adam Polk interviews Thomas Richie concerning the Eleventh Circuit's recent decision in Johnson v. NPAS, which categorically banned incentive payments ...
[!<CDATA[ The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc.[1] addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal antitrust laws. The appeal centered on the significance of a “Change in Control” provision in a provider contract between St. Luke’s and ProMedica’s affiliated health plan, Paramount ...
The E-Sign Act was signed into law over two decades ago. To put that into context, smart phones as we know them did not exist—the most popular mobile phone in 2000 was a flip phone, the Nokia 3310, and the first iPhone would not debut for another seven years. The most popular website was AOL because many people were still using AOL as their internet service provider. Google was a fledgling company with its search engine just starting out among the mainstays like Excite and Lycos ...
In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage provisions ...
Under Notice 2022-33, the Internal Revenue Service (IRS) has extended the deadline for adopting amendments to qualified retirement plans and individual retirement accounts (IRAs) to reflect certain changes made by the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), the Bipartisan American Miners Act of 2019 (Miners Act), and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) ...
The Internal Revenue Service (IRS) has recently published frequently asked questions addressing leave-sharing plans related to the COVID-19 pandemic. Following IRS Notice 2006-59, the IRS has confirmed that employers may set up leave-sharing plans to permit their employees to deposit leave in an employer-sponsored leave bank for use by other employees who have been adversely affected by the COVID-19 pandemic ...
The CFPB finalized its long-awaited debt collection rule. Join us this Thursday to learn about what is in the final rule, how the final rule is different from what the CFPB proposed in May 2019, and how the final rule might impact your business. The rule will become effective one year after it is published in the Federal Register ...
The rise of social media triggers a new suite of evidentiary issues come trial time, with authentication as the foundational question. Just as the internet has changed the world—and litigation—so has social media. In a world dominated by influencers, e-marketing, and online messaging, social media takes center stage. Thus, it is no surprise that social media is taking center stage in litigation too ...
[!<CDATA[ On March 13, 2020, President Donald Trump declared a national emergency in response to the novel coronavirus disease (COVID-19).1 Shortly thereafter, to assist consumers impacted by the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).2 Although the law provides relief to various industries and populations of United States citizens, for mortgage loan borrowers, the CARES Act established a streamlined forbearance framework ...
The Insurance Services Office, Inc. (ISO), which develops standard insurance policy forms for use by insurers, recently released its first cannabis-related endorsements (Cannabis Endorsements) to the businessowner policy form. This new release provides five cannabis exclusion endorsements; two of the endorsements change property coverage for cannabis, and the other three endorsements change liability coverage for cannabis ...
In the modern era, most construction contracts incorporate insurance requirements as a primary means to address the risk of unexpected occurrences that are inherent to the construction industry. Some insurance, like workers’ compensation coverage, may be required by law. Other insurance coverage may be required by a lender or other financing party in order to close on the construction loan for a project ...
The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1.[1] This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more than half of the protests filed with the GAO in fiscal year 2022 ...
